PCN Out of Time Declaration refused - Help!

[a2222]

Hi guys, any help here much appreciated.

 

I have just had a PCN out of time declaration REFUSED by Northampton Crown Court on the basis that Hackney Council's contention that a Notice to Owner and a further letter were both sent out FIRST CLASS constituted proof that I had received them.

 

Thus they REFUSED my appeal to have the original Notice to Owner reissued. I would LOVE to have appealed the PCN but cannot as the first I knew about it (following the actual ticket) was a bailiffs letter demanding £360.

 

It means that at no point have I actually been able to appeal this bloody ticket which was issued erroneously.

 

My understanding that a Statutory Declaration / Witness statement outlining that nothing had been received would lead to the original PCN being re-issued and thus enable us to appeal.

 

I cannot quite fathom why it's been refused.

 

Does the council saying they have posted the Notice to Owner 1st class now constitute sufficient proof in a court of law that I have received it?

 

Shall I just suck it up and pay the bloody £360 now owed and never get my chance to appeal??

 

Help!

[a2222]

Looking into it, it seems that almost all statutory declarations are now refused by TEC, for whatever reason, it seems that they are in the pockets of the bailiffs / councils and just rubber stamp their refusals. From what I can gather my next step needs to be to file an N244 form and actually request a personal hearing (£75) in a local district court rather then a TEC one (see above).

 

The problem I have with that is that the ticket was issued to be, but the notice to owner, etc gets send to my mum!

 

So all this appeal is in her name, and whilst nothing was received, she does not fancy a morning in court.

 

Again, help. Anyone had any experience of successfully appealing a refused out of time notice WITHOUT a personal hearing?

[green_and_mean]

If you made a stat dec then it was correctly refused as it should have been your mother that made it if the car is hers.

[a2222]

sorry, should have confirmed that all the correspondance / appeals have been under her name.

 

the stat dec was refused as the court backed the councils contention that the notice to owner was received because it was sent first class post.

[Jamberson]

The council should have sent:

 

1. Notice to Owner

2. Charge Certificate

3. Order For Recovery

 

All should go to the registered keeper's name and address.

 

Only that person can file a stat dec. However, whether it is accepted is discretionary in this case, as it is out of time. The question which they are considering is whether it's reasonabe that the stat dec was not filed in time.

 

If the name and address they have are correct, and all the documents have been sent out - then what is the explanation for it being out of time? That's what this hinges on.

 

If your position is that no PCN was received and none of the letters delivered, it is bound to be rejected. They simply won't believe it.

 

Can you add anything to what you've posted so far, which would explain why it was not filed in time?