PCN and enforcement costs paid - how to go about setting it aside?

[hallti.y01]

I have read that payment for a PCN is an admission of liability in itself and closes the file.

 

I have been assisting a friend who wrongly received a PCN

(she paid over the phone and I have a complete set of evidence to confirm this) from Manchester City Council back in October 2013.

She did nothing to appeal it until she sent in Form TE9 to the Northampton County Court TEC in February 2014.

Unfortunately she forgot to 'tick' a ground which resulted in an enforcement officer visiting her house in July 2014

and her having to pay £392 to satisfy the debt.

 

I attempted to file a 'late witness statement' for her (Forms TE7 and TE9) but the Court Officer rejected this application as the PCN had already been paid in full.

There is no point in appealing this Order as no doubt the response will be the same.

 

My question is - what now?

 

 

Can I make an application to set aside the PCN on the basis it was wrongly served and the contravention never occurred;

do I issue a claim for unjust enrichment against the Council or is this the end?

 

The Council referred my friend to the TEC advising her to file a late statement and acknowledged that the matter is out of their hands.

 

I would appreciate some help here as I seem to have exhausted all avenues

- I can't appeal the PCN as it has been paid (admission of liability) and I can't go to the Traffic Penalty Tribunal

as my friend never received a Notice of Rejection of Representations.

 

 

To say I'm stuck is putting it mildly!

 

Any help appreciated

[honeybee13]

Hello there.

 

As you're asking about a local authority parking matter, I've moved you to that forum.

 

HB

[Jamberson]

There are lots of points in your post which need clarifying. I'm busy right this second but will post back here, hopefully within the hour.

[Jamberson]

Hi.

 

These are the points/queries regarding your post:

 

I have read that payment for a PCN is an admission of liability in itself and closes the file.

 

Partly right. It does close the file, unless you go back and contest the payment - but not because of any admission of liability. The vehicle owner is liable whether they admit it or not.

 

I have been assisting a friend who wrongly received a PCN

(she paid over the phone and I have a complete set of evidence to confirm this) from Manchester City Council back in October 2013.

 

How much was owing when she paid it? How much did she pay?

 

She did nothing to appeal it until she sent in Form TE9 to the Northampton County Court TEC in February 2014.

Unfortunately she forgot to 'tick' a ground which resulted in an enforcement officer visiting her house in July 2014

and her having to pay £392 to satisfy the debt.

 

TE9 is not an appeal against the PCN or charges. It is something else, outside the appeals system. In any case, what would she have been appealing? You say she already paid it, so presumably there was nothing owing - see my last question.

 

I attempted to file a 'late witness statement' for her (Forms TE7 and TE9) but the Court Officer rejected this application as the PCN had already been paid in full.

There is no point in appealing this Order as no doubt the response will be the same.

 

You can't file anything for her. She would have to file forms. She can try that, and see what response she gets. It might be accepted - BUT - there have to be valid grounds for why it was not filed sooner, and also grounds to file it at all - what was the reason the TE7/TE9 were to be filed, and why weren't they filed before the bailiffs called? Did she receive the council's notices prior to the bailiff action?

 

 

Can I make an application to set aside the PCN on the basis it was wrongly served and the contravention never occurred;

do I issue a claim for unjust enrichment against the Council or is this the end?

 

No. You can't do anything. Any action on the case, she would have to do. Whether the PCN was wrongly served is immaterial now, as the time for the appeals process expired a long time ago, so she can't raise that now. A claim of enrichment doesn't make sense to me. I can see what you're getting at, but no, you couldn't take it forward. There's a statutory process to follow.

 

 

 

I would appreciate some help here as I seem to have exhausted all avenues

- I can't appeal the PCN as it has been paid (admission of liability) and I can't go to the Traffic Penalty Tribunal

as my friend never received a Notice of Rejection of Representations.

 

So what has she received from the council since then?