Court Case without my knowledge Bexley Council

georgie_porgie_2

Hi everyone

This my first time of posting I hope someone will be able to advise me.
My story started 2 years ago.
I got back to my car and saw the dreaded parking ticket from Bexley council. I did have a parking receipt but it had fallen behind some other paperwork on the dash board.So I emailed Bexley and told them of this the same day. I never recieved a reply,unfortunately I was also in the process at the time of breaking up with my ex and had moved out of our shared flat around this time, so the parking ticket was forgotten about.
In May this year I bumped into an elderly neighbour of mine from where I used to live and he said that he had a letter for me. I went round that evening a collected the letter only to find that it was from a baliff company saying that I owed them nearly £500.00. I phoned them immediately and tried to explain that this was the first I had known about all of this and got nowhere. I then phone Bexley and spoke to a very unhelpful woman,who basically said tough luck. I found out that I needed to file an out of time declaration with the court which I did,which was refused and apparentally they don't have to tell you why, I even got a letter from my old landlord that said when I had left the flat and sent that as evidence.
So I was in a postion of paying the baliffs or the ammount was going to go up. I complained to them that they must have known that I didn't live there a there had been two different tenants since I had left but they didn't care.
I had to lend the money from my parents to pay the bayliffs.
I'm sure this cannot be right it seems so unfair. I did offer to pay the orginal parking fine to bexley but they refused.
Can anybody advise me of anyway I might be able to appeal this with Bexley???

Thanks in anticipation

Neil_B

Your only option is to file an N244 case. This will mean that a District Judge in your local County Court will reveiw the decision of the Northampton TEC Court Officer and decide if you should have been allowed to make an OOT Stat Dec.

OOTs are routinely refused as soon as the Council object. The TEC Officer needs no further reason. It is only when you get a proper Judge to consider the true circumstances that common sense prevails.

The cost is £75. This recoverable if the DJ agrees with you -- but ask for it.

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One query. You e-mailed - but was that just an informal appeal?

What happened to the Notice to Owner and on what grounds did you make the OOT Stat Dec?
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georgie_porgie_2

Hi
I suppose it was an informal appeal. I just told the truth and waited then forgot about the reply.
OOT dec was made on the grounds that I hadn't lived at the address that they were sending mail to since it had all happened. I think I moved out the week of the ticket, or the week before. I honestly never recieved any post re this ticket at all.

georgie_porgie_2

Is it worth trying to appeal to someone at Bexley the thought of courts etc. scare me .I have never been involved with courts before. Where do I get the N244 from do you know?

Neil_B

georgie_porgie wrote: »

Is it worth trying to appeal to someone at Bexley the thought of courts etc. scare me .I have never been involved with courts before. Where do I get the N244 from do you know?

Don't like Courts?

Sitting with a DJ at a table in a room is hardly like a Court so don't worry.

talk to the Council ?

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per----leeeeeze!LOL

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N244 - via TEC obviously -- since that is where you made Stat Dec.

If you wittered about changing address and tried to tell a story on the OOTSD form then that could be why it was refused. You may only tick a box for one of the allowable grounds.

Presumably, for you, that would be/should have been --- 'no Notice to Owner received'.

Did you notify DVLA of your move promptly?
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georgie_porgie_2

No the car died on me shortly after and got scrapped. Sorry to sound stupid what is Notice to owner. This is all new to me I have never had a parking ticket or anything like it before.