Re couping fines already paid

willowlea

Hello, can anyone help please. My husband works as a sky installer in London and it is almost impossible not to pick up parking fines/penalty charge notices. During last Autumn's postal strike he received request for payment of a notice he was not aware had been issued. On receipt of this request he phoned TFL stating he hadn't received the first notice. The advice given was to wait for payment of the notice to be increased from £180 to £185 as this notification would also enclose instructions on how to appeal. The appeal instructions were followed to the word. He also paid £10 for a copy on CD of his original conversation with TFL when he was instructed to wait for the original PCN to be increased. However, his appeal was rejected, the matter forwarded onto a collection agency for immediate settlement if intervention of balliffs was to be prevented.

There was no way of proving my husband had not received the first notice, no more than TFL being able to prove they had posted it and despite several phone conversations (names, dates and times all being logged by my husband), his appeal was still rejected.

I have on several occasions been successful in appealing against parking fines/penalty charge notices. However, my concern is that there doesn't appear to be a set of hard and fast rules or regulations that we have to abide by, but simply a case of which borough you are dealing with.

Neil_B

willowlea wrote: »

The appeal instructions were followed to the word.

However, his appeal was rejected,


However, my concern is that there doesn't appear to be a set of hard and fast rules or regulations that we have to abide by,

On your statements above. Last one first. There is indeed a hard and fast set of rules but whether you have understood them needs clarifying.

1st and 2nd ones -'appeal'. What appeal? What exactly did you do? At £185- they are referring to the issue of an Order for Recovery which should be relatively easy to overturn. You use a 'witness statement' or Statutory Declaration which you submit to Northampton TEC.
Is that what you did? You do not need to prove anything! A sworn Stat Dec has to be accepted i believe.

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Lastly, how does this relate to the title of the thread - 'paid'??
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willowlea

Neil Thanks for your reply.

Confirmation that I completed a subject access request received from TFL and statutory declaration out of time received from TEC. The outcome being that a court officer refused my application to file my statutory declaration out of time. Reasons not held on court record and the court officer not required to give an explanation for refusal. I was left no alternative other than to settle payment in full with the bailiff.

Neil_B

Something wrong here. Not 100% on my knowledge on this subject but will PM you something in a mo.

Reading again what you said. Why an 'out of time' Stat Dec. I thought that on receipt of an OfR a normal Stat Dec was all that was required? - and can't be refused. Did you perhaps use the wrong form? - or was the wrong form supplied with the OfR?

Ordinary Stat Dec would have just been on the grounds 'no Notice to Owner received'.
Ah! Reading again - what exactly was this first thing you received? Then you say that TFL told you to ignore it and wait? Maybe misled you?
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