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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 75724
Experience:  Over 5 years in practice
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I received the penalty charge notice dated the 3rd of Dec 19

Customer Question

i received the penalty charge notice dated the 3rd of Dec 19 on the the 5th of Jan 2020 due to royal mail xmas rush .but statutory declaration does not five the option to file thd correct declaration of.receiving it late
JA: Where are you? It matters because laws vary by location.
Customer: merton council
JA: What steps have you taken so far?
Customer: they told me on the 6th of Jan that i hsbe to wait until i receive the order for recovery and file a statutory declaration. but there is no box for receiving it late on the form Northampton courts
JA: Anything else you want the Lawyer to know before I connect you?
Customer: what are my options to chale
Submitted: 7 days ago.
Category: Law
Customer: replied 7 days ago.
is there a way to address or appeal the issue of receiving it late after 28 days .I am willing to pay but only the discounted rate
Customer: replied 7 days ago.
£65
Expert:  Jo C. replied 7 days ago.

Hi, welcome to JustAnswer. My name is Jo C, I’m a barrister with 12 years of experience and I am happy to help with your question today.

Expert:  Jo C. replied 7 days ago.

Who was the issuer please?

Customer: replied 7 days ago.
merton council
Customer: replied 7 days ago.
what is the additional amount for a call
Expert:  Jo C. replied 7 days ago.

You really don't need a call.

Expert:  Jo C. replied 7 days ago.

Was the original fine issued by post?

Customer: replied 7 days ago.
you can advise me on this or by an email
Customer: replied 7 days ago.
yes but received it after 28 days
Expert:  Jo C. replied 7 days ago.

What is the title of the document you've received?

Customer: replied 7 days ago.
may be due to xmas tush
Customer: replied 7 days ago.
rush
Customer: replied 7 days ago.
first the penalty charge notice after 28 days then a charge ceetificate and now an ORDER FOR RECOVERY FROM NORTHAMPTON TRAFFIC ENFORCEMENT CENTRE
Customer: replied 7 days ago.
So the query is why should be penslised for receiving it late regardless of who was responsible for that delay
Customer: replied 7 days ago.
Are u there
Expert:  Jo C. replied 7 days ago.

Did you appeal the PCN when you got the original notice?

Customer: replied 7 days ago.
they said you cant appeal as u are outside the 28 day period and u have to wait for the notice of recovery letter
Expert:  Jo C. replied 7 days ago.

Does that mean you didn't?

Customer: replied 7 days ago.
yea i didnt as they instructed me to wait until i receive the Notice for recovery .as i have passed the 28 days notice to appeal.
Expert:  Jo C. replied 7 days ago.

Thank you.

The difficulty with this is that you just don't meet the test for a statutory declaration.

Come what may, you didn't not receive anything. He just didn't appeal.

I can't immediately see how a statutory declaration would help.

I am not clear whether you are saying you didn't receive the notice to owner.

If you did then there was an opportunity to appeal then.

If you did receive everything and you just did not appeal then I'm afraid you are out of time now.

I'm very sorry but that is the reality.

Can I clarify anything for you?

Jo

Customer: replied 7 days ago.
they said i cant appeal as i have to wait for the notice for recovery aa the 28 day period has already elapsed when i recived on the 5th of Jan .
Expert:  Jo C. replied 7 days ago.

Yes, but that doesn't change the fact that you don't meet the test for a statutory declaration.

Customer: replied 7 days ago.
what does the law say on receiving it late due to a postal error or delay
Expert:  Jo C. replied 7 days ago.

You could have appealed to revive the discount period but you didn't do that. The only thing I can think of is a stat dec on the basis that you got the PCN too late to appeal but that is pretty weak.

Customer: replied 7 days ago.
i am asking u to specify the law on this why someone needs to be penalised for receiving it late. do u know the law on this or u dont .if u know can u specify the link so that i can decipher it myself
Customer: replied 7 days ago.
under the civil procedures rule what section nr or paragraph
Expert:  Jo C. replied 7 days ago.

I didn't say there was a law covering it. Please read my answer again.

Customer: replied 7 days ago.
I am asking you for the Statutory section or the act that covers penalty charge notices .And under what paragraph do these notices come under
Customer: replied 7 days ago.
are u an expert on these civil procedures or the tranport for London act of 2003 or are u asking your colleagues to help u with this .
There must be rule book to specify how to serve notices and in case notices are delayed by a 3rd party that is used as a medium to deliver who should bear the responsibility .
Expert:  Jo C. replied 6 days ago.

Ok, good luck with this. I've given you my answer.