Urgent help please re pcn

[CYNthesys]

Friend received a PCN last year for allegedly wandering into a bus lane. He lodged an appeal, but in order to avoid the hassle he paid the PCN by cheque prior to the appeal being heard. The council returned the cheque saying that payment by cheque was not an acceptable method of payment, and that payment must be made via the Post Office.
Friend then paid said amount, together with another PCN at Post Office.
Despite this the council claim that the bus lane PCN remains unpaid. This PCN is in genuine dispute and correspondence has been to-ing and fro-ing for nearly 18 months. The council has now sent an order for recovery of unpaid pcn that has been made against him at the traffic enforcement centre at Northampton Court
He has been informed that in his defence he can make a statutory declaration on 3 grounds only, none of which are relevant to the circumstances of this case.
HELP PLEASE, DONT KNOW HOW TO ADVISE

[Wombats]

Re: Urgent help please re pcn

Do we ssume there is no evidence of payment?

Why the limitation to three grounds only and what are they?

Has your friend approached his councillor, MP and CEO of the council to try to resolve this? If not, I suggest they do asap.

I know little about court I'm afraid, but do know someone who can help with a Statutory Declaration after the weekend. Feel free to pm me with a link here and I'll email them on Monday for you.

[CYNthesys]

Re: Urgent help please re pcn

Thanks, I will do a chronology of events for this disputed PCN and will post later today. He has also been given the option of doing a witness statement instead of a statutory declaration, which I think may be better as the facts surrounding this PCN have become rather confusing.

[CYNthesys]

Re: Urgent help please re pcn

Re Disputed PCN
There were 3 PCNs within a couple of weeks. These appear to have led to confusion on the council’s part. I will refer to them as PCNs A,B & C
1. 19.06.2013 – received PCN A for alleged bus lane contravention.
2. Made representations to council, which council rejected
3. Appeal application made to Traffic Penalty Tribunal. Advised TPT that Saturday was the only day he could attend a hearing and as such requested a Saturday hearing.
4. Advised that Saturday hearings not available, so rather than lose a days pay he decided to pay PCN and avoid hassle. A cheque for £90 in payment of PCN A(£60) and PCN B (£30) sent to Council Parking Services.
5. Council refused to accept cheque and returned cheque saying that payment had to be made through Post Office
6. Payment for PCNs A & B of £90 made at Post Office on 12^th November 2013
7. Council incorrectly allocated the £60 payment for PCN A against PCN C
8. 17^th December 2013 Council issued a Charge Certificate in respect of PCN A
9. 31^st December Driver wrote to Council advising that cheque in payment of PCNs A & B was cleared through Bank on 14^th November, and request that the Charge certificate be cancelled accordingly.
10. Letter from Council dated 13^th March confirming that the matter of outstanding PCNs has now been closed.
11. 1^st April 2014 Council wrote “unfortunately your correspondence of 31^st December 2013 was not scanned against this penalty charge notice and a response was not sent…….. Council went on to say that as he hadn’t received a response it had taken the current correspondence as a late representation and reduced the charge to the standard amount of £60 which needed paying and he was to ignore the charge certificate and any later documents he may have received from us about this PCN
12. Since then numerous letters sent to council reiterating that this PCN is in dispute as payment was made in November last year, but all to no avail
13. 16^th October `Council issued an Order for recovery of unpaid PCN through Traffic Enforcement Centre, Northampton County Court.
14. The order for recovery says that the only grounds on which he can make a statutory declaration are-
a. You did not receive a notice to owner
b. You made representations to the LA within 28 days and did not receive a rejection notice
c. You appealed to the Parking Adjudicator, but have had no response to your appeal

None of the above grounds are applicable, he didnt receive a current enforcement notice, the council told him (in writing) to ignore the charge certificate and he is adamant that he PCN in question has been paid by cheque number xxxxxxx

HELP

[Wombats]

Re: Urgent help please re pcn

I've suggested Cynthesis take this over to Pepipoo to get it resolved. They have an expertise with motoring issues we simply don't have on LB. :beagle: