PCN Out of Time Declaration refused - Help!

peter_the_piper

http://www.bitterwallet.com/dvla-act-unlawfully-whilst-losing-your-letters-and-blaming-you-for-it/29151

And some that do work both ways.

http://www.theregister.co.uk/2010/05/03/dvla_court/

Sirdan

WhiteHorse wrote: »

It really does only work one way. There have been precedents set on this very subject.

Outrageous, but so.

Agreed it is unbelievable that no evidence is required, standard post is accepted by courts. Considering the amount of lost/stolen post that is a travesty of justice.
I have found myself in some difficulty in the past by virtue of a courts attitude to this ..in my experience it certainly does NOT work both ways !

andy22222

OK.. so here's the full appeal:

I am writing to you to appeal against the recent judgement.

It is my understanding that when making such an application I needed to provide a reason why I was submitting a Statutory Declaration late and that the local authority and the Senior Court Officer at the Traffic Enforcement Centre are supposed to consider whether I had provided a good enough reason for filing the Statutory Declaration late.

I am of the opinion that I had provided a good enough reason why I was submitting a Statutory Declaration late and I am at a loss to understand why my application was rejected.

From the Statement of Truth provided by Hackney Council dated 29th September, it would appear that they have failed entirely to address the reason why I had submitted a Statutory Declaration late and instead, they have merely provide a history of the dates that notices had been sent.

I had filed an Out of Time Statutory Declaration at the Traffic Enforcement Centre at Northampton on the basis that I had not received the Notice to Owner, nor the Charge Certificate and that the first correspondence I had received regarding this PCN had arrived after the deadline that I could appeal. I believe that I have very strong grounds for which to appeal the PCN and would like the opportunity to have my case heard.

Furthermore, I have proof of postage of a letter sent to the council, dated 13th August and sent from Stoke Newington Post Office at 1.49pm, receipt number xxxx. Hackney Council have a record of a response from me on their computer to that Order for Recovery. As you can see from Appendix 1, the attached screen grab from the council's computer of this PCN, they acknowledged receipt on 19/08/2011. That is clear evidence both from my side and, more pertinently, from the council's side that correspondence had been received. I would contend that Hackney Councils claim that "no contact has been received from the dependant until this point" in their statement of truth is a clear untruth which should, to my mind be taken into account in this decision.

This letter had been sent under telephone advice from the Hackney Council Parking Helpline on the morning of 13/08/11 where I was advised sending a letter to appeal the PCN to Hackney at the Order for recovery stage. This would have been far too late and was incorrect advice, I have later found out, what I should have done, is complete the TE9 which should have been sent WITH the Order for recovery. Had I ticked the box on the TE9 to state that we had not received the NtO or PCN and sent this form at that time, the PCN would have AUTOMATICALLY reverted to the NtO stage once again. As I had not completed the TE9, we had instead had to complete a an application to file the Statutory Declaration LATE, which brings us to where we are today.

To the fundamentals of my argument:

Had either of those first two letters, the Notice To Owner or the Charge Certificate been received, we would have lodged an immediate appeal. Appendix 2 shows a photo of the car as it was parked. I know this is not relevant here, but a glance at it I think would show that the ticket was issued erroneously and possibly shows why Hackney Council / the bailiffs who are set to profit, should the out of time statement be refused, are so reluctant to let this be heard, and a chance given to appeal.

We are not looking to have this PCN dismissed. All I am asking for here, is an opportunity to have my genuinely held appeal heard in the appropriate manner. Should the PCN be upheld then of course I should have no issue in paying this. It seems unfair in the extreme that my word as an upstanding citizen and community member who has never, in my life, set foot inside a court room, had any troubles with police or even speeding tickets, should have my word doubted when I say that two items of post, send first or second class, not recorded, were not received. Attached as Appendix 3 is from Royal Mails 1st Quarter 2011 published reports showing that over 207,000 loss post complaints were upheld in the first 3 months of this year.

I would ask that, particularly given the proven untruth in the council's statement of truth, their application to have this out of time application refused be set aside. Justice Jackson para 23, 2nd part. 'The motoring public deserves nothing less than that the public authorities exercising penal powers understand the importance of their complying with the conditions attached to their powers and are scrupulous about having in place administrative processes that do so. It is imperative that the public can have confidence in the fairness and propriety of the enforcement of parking controls.' As a consequence of this statutory declaration being refused, we are now being denied the right to have this appeal heard, and more pertinently have bailiffs chasing for an amount in excess of £360 and some extremely aggressive letters and contact from them.

In the interests of justice, I respectfully ask that this decision be set aside to allow me to pursue the correct forum within which an appeal may be heard and in this case, it is with the parking adjudicator.

WhatCanWeDo

Hi there,

I am in the exact same position. I didn't receive a PCN or NtO. The first I heard about the PCN, was when a bailiff wrote to me, adding on their fees of course. I asked them to send proof, which they said they did, yet I still never received them.

I was advised by the court to fill out the statutory declaration, which has now been refused. I can now fill in the N244 forms, however don't even know if it is worth it. Although it is definitely worth their time as they will get an extra £80 out of it. It's obvious I'm fighting a losing battle as dealing with the council or courts always magically ends up in their favour.

I'm just wondering if you sent in your N244 form and did the judge rule in your favour this time. The council said they sent notices 2 times, so if that is deemed as proof, then I'll just lose another £80, a day off work, plus the original fine and bailiff fees. Incredible isn't!

Coupon-mad

WhatCanWeDo wrote: »

Hi there,

I am in the exact same position. I didn't receive a PCN or NtO. The first I heard about the PCN, was when a bailiff wrote to me, adding on their fees of course. I asked them to send proof, which they said they did, yet I still never received them.

I was advised by the court to fill out the statutory declaration, which has now been refused. I can now fill in the N244 forms, however don't even know if it is worth it. Although it is definitely worth their time as they will get an extra £80 out of it. It's obvious I'm fighting a losing battle as dealing with the council or courts always magically ends up in their favour.

I'm just wondering if you sent in your N244 form and did the judge rule in your favour this time. The council said they sent notices 2 times, so if that is deemed as proof, then I'll just lose another £80, a day off work, plus the original fine and bailiff fees. Incredible isn't!

I seem to recall that Stat Decs are usually refused. But that the next form is normally allowed if you are saying you never received a PCN/NTO.

100% worth it. You could end up paying nothing at all in the end, not sure if you can reclaim the N244 cost but I thought so?

Go to pepipoo:

http://forums.pepipoo.com/index.php?showforum=30

They will help you. Do not miss any deadlines as you are VERY close to bailiff involvement but CAN get this re-set, I hope, to PCN or NTO stage. Then you can appeal with pepipoo's help, and most people then win.