Incorrect procedure from local authority?

oooopark

I received a local authority parking ticket in March, while using my partner's car. I unsuccessfully submitted an "informal appeal" for which I received the rejection e.mail in early may.
This rejection said that the next stage will be that a "notice to owner" charge/form will be sent to my partner and this can be filled in as a formal appeal.
This has never arrived.
Yesterday, my partner received a "charge certificate" from Lancashire County Council. which has increased the charge by 50 %.
What do we need to do now ?
This charge certificate gives no appeal options and seems to assume we've ignored a stage in the process.( notice to owner) which of course we haven't.
Presumably the county council will claim they've sent it.

peter_the_piper

Go straight to pepipoo.com as you now have to wait for another piece of paper but they will confirm what to do. Take pics of both sides of the pcn and remove identifying details and host on tinypic. See their stickies for how to post pictures. You will have to register but its free and they know their stuff. Bear in mind there are less people on there at weekends.

Coblcris

Wait for the Order for Recovery and fill in the Witness Statement that (should) come with it.
Do not sign the statement !
In fact you may be better waiting to fill anything in until you do the following.
Take it to the local County Court forthwith where for no fee you can attest to the statement and sign it in front of an official. This is not a court appearance, it is done by appointed office staff who have the powers to do this. You do not need to make an appointment or pay any fee when this is done at the County Court. The reverse is true if you take it to a Magistrate's Court so do not go there.
Just go to the public office in the County Court, the staff will assist you.
None receipt of the NTO is sufficient grounds.
This will reset the procedure.

I strongly suggest that while waiting for the Order for Recovery you send a Notice to both the Tribunal and the Local Authority which informs them of your correct address.
The NTO may have been lost in the post rather than have been wrongly addressed however by serving Notices on both parties you have established good grounds. Not only that should the council have used the wrong address and does so again then you have a very strong point for appeal.
I would head the Notice "Notice of correct address for good service" and merely give the facts of the correct address.

G51shopaholic

Did you park in the wrong place? IF SO SHUT UP & PAY UP!

Maybe an unwelcome suggestion but if your in the wrong why not just pay the ticket instead of trying to find a way out of it!

PS Hopefully your insured to drive your partners car.

Coblcris

Most unhelpful.

peter_the_piper

G51shopaholic wrote: »

Did you park in the wrong place? IF SO SHUT UP & PAY UP!

Maybe an unwelcome suggestion but if your in the wrong why not just pay the ticket instead of trying to find a way out of it!

PS Hopefully your insured to drive your partners car.

If you read the OP's post you will find they are complaining that they did not receive a piece of paperwork to which they are legally entitled, they are not trying to get off with anything. If they follow the advice of Coblcris they can get what they are entitled to. What they do after that is another matter.

Coupon-mad

G51shopaholic wrote: »

Did you park in the wrong place? IF SO SHUT UP & PAY UP!

Maybe an unwelcome suggestion but if your in the wrong why not just pay the ticket instead of trying to find a way out of it!

PS Hopefully your insured to drive your partners car.

What a rude, illiterate and unhelpful post. Hopefully 'your' never in the wrong and 'your' insured to drive? Can't spell 'you're' though...maybe you 'should of' listened at school instead of just shopping? 'Could of' got a GCSE or two and you may have learnt something useful.

So the Council does wrong - which is a procedural impropriety about which the registered keeper can rightly object - but you are so blinded by perceived authority that you think people should just pay?

Illiterate sheep like you make me mad - get a backbone and realise that people are entitled to appeal against 'authority'!

NeverAgain_2

Coupon-mad wrote: »

What a rude, illiterate and unhelpful post. Hopefully 'your' never in the wrong and 'your' insured to drive? Can't spell 'you're' though...maybe you 'should of' listened at school instead of just shopping? 'Could of' got a GCSE or two and you may have learnt something useful.

So the Council does wrong - which is a procedural impropriety about which the registered keeper can rightly object - but you are so blinded by perceived authority that you think people should just pay?

Illiterate sheep like you make me mad - get a backbone and realise that people are entitled to appeal against 'authority'!

Strong words from Coupon-mad.

But spot-on words (as usual).

esmerobbo

NeverAgain wrote: »

Strong words from Coupon-mad.

But spot-on words (as usual).

Could not have said it better myself.;)

Ravanelli

The NTO is the most important step in the process, occasionally when re-instating the discount after a informal challenge it is easy to put the PCN in to the wrong state and the DVLA authorisation process can be missed.

If you have not received the NTO, wait until you receive the TE3/TE9 and file a late stat dec at Northampton court stating that you did not receive the NTO, this will be accepted as the Council can not prove that it was sent (they do not send these out recorded delivery the first time) and a new NTO will be issued.

You could ring the council and tell them now if you wanted, but I'd let them waste £7 debt reg fees first.

peter_the_piper

We don't know if the original ticket was a pcn as per reg 9 or a pcn/nto as per reg 10. Until we know for certain we don't know which of the above advice is correct for certain.