Enforcement Notice

[CYNthesys]

Can anyone please explain what exactly a Local Authority PCN enforcement notice is

[des8]

Re: Enforcement Notice

It's an official reminder that a PCN remains unpaid or unchallenged.
Instructs one on how to pay, and makes threatening noises about what will happen if payment is not paid.

Rather like a DCA's reminder letter, but this one has teeth:tinysmile_cry_t:

[CYNthesys]

Re: Enforcement Notice

Thanks Des, but Im still confused.
An order for recovery says-

When filing a Statutory Declaration, there are only three grounds upon which the declaration can be based. These highlight the procedures, the local authority have failed to carry out prior to registering the penalty charge. They are:
You have not received the notice to owner, penalty charge notice or enforcement notice
Friend received PCN, then charge certificate that council told him to ignore. Is enforcement notice either of these?
I posted on Pepipoo last night, but so far have had no replies.

[des8]

Re: Enforcement Notice

Issuing authority issue a PCN (at i) scene or ii) by post)
If not paid they issue Notice to Owner.
If it still remains unpaid they issue a charge certificate.
After a further 14 days it may be registered with TEC and enforced through the county court.
At this stage liability can only be challenged on the grounds you mention.

At least that is the position put out by PATAS ( http://www.patas.gov.uk/tmaadjudicat...nforcement.htm)
The charge certificate is presumably the enforcement notice, and the advice to ignore was IMO naughty.
There may be ways to appeal this ticket, but I don't know them.
Someone else here on Pepipoo will hopefully come up with better advice.

[CYNthesys]

Re: Enforcement Notice

On 1^st April 2014 the 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 t

[des8]

Re: Enforcement Notice

Are you saying that the recipient challenged the PCN.
That challenge wasn't properly dealt with and so he then received the note as posted in 5.
Did he ever receive a notice of acceptance or a notice of rejection + appeal form?

[CYNthesys]

Re: Enforcement Notice

The recipient challenged the PCN, but then decided to pay up to avoid the hassle see-
http://www.legalbeagles.info/forums/...-please-re-pcn

[des8]

Re: Enforcement Notice

Have now read your other thread (missed it earlier somehow), or possibly misread it:
Following the timeline you posted I understand there were three PCN's, but only two have been paid.
I don't understand the problem, have I missed something?

[CYNthesys]

Re: Enforcement Notice

Yes there were 3 PCNS but according to friend PCN C was paid separately at the Post Office
The charge certificate & order for recovery were made against PCN A which had already been paid via PO on 12th November 2013. The Council referred to PCN A when it 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 it

[des8]

Re: Enforcement Notice

Well, if he has proof of the payment I would be thinking in terms of a witness statement stating it had been paid, and enclosing copies of said proof.
I realise it's not what they ask for, but what else can he give them?
If they then continue to cc they have to prove the debt, which will be difficult for them if he has proof it has been paid.
Presumably he still has the records for 3 PCNs and 3 payments.

[CYNthesys]

Re: Enforcement Notice

Decided to write to Council CEO detailing what has happened and copied his MP into the correspondence

[CYNthesys]

Re: Enforcement Notice

update
Wrote to councils ceo, who in turn passed the complaint to parking services to deal with.
Parking services failed to properly address the complaint so another letter was sent by recorded delivery to ceo on 10th November
Letter has neither been acknowledged nor answered, yet on Saturday friend received an statutory enforcement notice from EQUITA giving him until 5.30 on Saturday 6th December to pay £172. (Council alleged debt £97 and bailiff fee of £75)
From what Ive read 7 clear days notice must be given otherwise the statutory notice is invalid
Can someone clarify please

[Kati]

Re: Enforcement Notice

It is my understanding that the 'notice of enforcement' must give 7 clear days notice of impending action (excluding Sundays and bank holidays) and they must allow for postal times (three days for receipt from the date on the letter I believe).