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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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A received a PCN for a box junction incident, I challenged

Customer Question

A received a PCN for a box junction incident, I challenged the charge and didn't receive the reply that rejected the appeal, it was posted to my next door neighbour in error and he was on vacation at the time. I then got another letter stating that my charge has doubled to £130 as it was not paid within 14 days and now increased by another £65
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is Jo and I will try to help with this.

What would you like to know about this please?
Customer: replied 2 years ago.

Can I challenge the fact that the their reply wasn't received by me and the postman delivered it to the wrong address, my neighbour is willing to corroborate this?

Expert:  Jo C. replied 2 years ago.
Do the DVLA have the correct address for you?
Customer: replied 2 years ago.

Yes


 

Expert:  Jo C. replied 2 years ago.
Thanks for the information.

You can make a statutory declaration to the effect that you didn't receive the original PCN.

You will be in time to do so and so you will only need to make an in time stat dec covering that one point.

That does not mean that the entire matter will be unable to proceed but it will take the matter back to the issue of the PCN which the council can reissue if they choose. Sometimes they do not but you have to proceed on the basis that they will. Then you can just pay at the reduced rate.

Hope this helps. Please let me know if you need more information.

Jo
Customer: replied 2 years ago.

Sorry just to clarify what does "You will be in time to do so and so you will only need to make an in time stat dec covering that one point"?


 


What is "time stat dec" mean?


 


Note the original incident took place on 6 Sep. I now have a Charge Certificate dated 13 Dec, if this charge of £195 is not paid within 14 days a county court order will be applied and charge increased.

Expert:  Jo C. replied 2 years ago.
in time statutory declaration.

But how did this get to a charging certificate? You should have received a notice to owner as well as a PCN?
Customer: replied 2 years ago.

After I queried the original charge of notice of £65, the second note from them rejecting the query was lost and sent to my neighbour. I only found out about this when I received the increased penalty notice of £130,at which point I wrote to them again and they rejected this stating they are not responsible for incorrect delivery by Royal Mail, even though my neighbour can corroborate this.


 


I then did nothing due to being too busy at work due to a deadline that means I'm working circa 7 days a week including night shifts. So I now have ended up with the next charge certificate notice of £195 on 13 Dec and ultimatum of country court order if I don't pay within 14 days.


 


 


This is the complete history. So please advise, can I still dispute within the 14 days?


 


Secondly, does any precedent exist of prior claims where the adjudicator or court has accepted that Royal Mail have delivered the notice to the wrong address and defendant is not liable for this?


 

Expert:  Jo C. replied 2 years ago.
What do you mean by queried ? What exactly happened after the PCN?

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