need urgent help with N244 HEARING court

[siavashes]

Dear All

hope you are well , I am new here , I got hearing court on 9th Feb 2011 .

 

I am disputing bailiff expenses and charge certificate and order for recovery to revoke .

 

this is copy of my statement :

 

 

I am writing this letter as a support statement to my case filled on N244 form explaining the series of events that took place after receiving an initial Penalty Charge Notice on the 29-11-2010.

 

Once I had received the PCN I appealed the charge on the 05-12-2010 stating why the ticket was issued to me incorrectly. (Evidence attached)

to which I received a reply from the borough of Hammersmith and Fulham on the 15-12-2010 stating that the PCN that was issued was issued correctly

and I have 14 days from the 15-12-2010 to pay a reduced fee of £60 or I would have to pay the full £120 after those 14 days.

 

The letter also mentioned that if I did want to make a formal appeal against the PCN I would have to wait to receive a ‘Notice to Owner’.

 

On 06-01-2011 I received the Notice to Owner from the Borough of Hammersmith and Fulham which again stated the PCN

and also stated that I had to either pay the amount of £120 with in the 28 days or failure to do so would results in a Charge Certificate

being issued and an increase the amount by 50% making it a total amount of £180,

to avoid this increase a representation would have to be made within the 28 days of the letter being issued.

 

On the 21-01-2011 I made a representation to the Borough of Hammersmith and Fulham using the guidelines that were provided for me on the ‘Notice to Owner’.

I also asked them to pass the case to PATAS for further investigation and appealing process,

furthermore on the same date I sent out another letter officially informing them that I will be changing my address in a month time and mentioning the new address.

 

After I had moved to my new address I sent the relevant forms to the DVLA so as to update my address on time which was processed successfully. (Evidence available)

 

after this I had not heard anything regarding my appeals from any organisation

 

I called the Parking Service Department of the London Hammersmith and Fulham Borough to make sure they had received my updated address

and follow up the case as it has been a while since I had received any correspondence.

 

The agent that I spoke to advised me that they do not deal with any case over the phone

and any information regarding any vehicles address will be taken from the DVLA in any stage of the procedures,

to which I was assumed that the delays with correspondence was due to the fact that there was an address change and the case was determined as successful as my evidence was strong.

 

On 18-10-2011 I went to use my car and I noticed there was a bicycle chain around the front wheel – driver side, with a sticker on my car window asking me to contact a Mr. Anderson.

 

I tried calling the mobile number on the sticker that was stuck on my window but it kept on going to voicemail

and there was no reason to why the vehicle should have a bicycle chain on its wheel.

 

I assumed it was illegal clampers trying to operate in the complex where I live.

 

As I live in a gated community with private car park I asked the security and they did not have any idea who and when this chain was placed on the car,

as all visitors have to check into security to gain access to the property and no one had regarding this matter .

 

As this become more suspicious I turn to the local police station Ealing Police Station and called the police to report criminal damage to my vehicle.

(Police ref no: CAD10009/181011 – Evidence Available) they also advised me to wait till the morning

so as I could check with the person who clamped the car why the vehicle was clamped with a bicycle chain,

which was strange for police as well but they could not intervene as ‘clamping’ is regarded as a civil matter/dispute.

 

The next morning I called the mobile number on the sticker and I was told that the clamp was put on my vehicle due to the PCN fine that was issued to me on the 29-11-2010.

 

I was shocked as I assumed all matter regarding this issues were solved as I did not receive any correspondence after the change of address

or received any other notice that the vehicle will be clamped or I had an outstanding amount that I had to pay.

 

After this event I filled in the Out Of Time Application to Traffic Enforcement Centre under the section of the London Borough Parking Contravention act of:

“ I made representation about the penalty charge to the local authority concerned within 28 days of the service of the Notice to Owner, but did not receive a rejection notice”

 

On the 20-10-2011 the bailiff came and removed the chain from my vehicle and I then filed an Out Of Time Application

to which I received an answer of rejection on 17-11-2011

reason stating that I had received prior notice regarding the outstanding balance of my vehicle in the DVLA registered address from Local authority and bailiff, which is un-true.

 

The statement above is backed up by the email that was sent by the local authority of Hammersmith and Fulham to the Traffic Enforcement Centre County Court Bulk Centre stating that

“it is the legal responsibility of the registered keeper of a vehicle to inform the DVLA promptly of any changes relating to that vehicle.

Indeed the law requires to presume that the details of the person registered at the DVLA is correct…

 

the bailiff has also wrote to the respondent and attended at the registered address twice.

” I had updated my details and the vehicle details with the DVLA (evidence available)

and also called them to ask them regarding this matter previously to which an agent replied

that any information regarding the address change of a vehicle will be collected from the DVLA

and as all my documentation was completed on time with the DVLA

 

there should have been no reason why my correspondence should have been sent to my previous address and this case to take so long to get resolved.

 

Also the only reason I had received the Notice Of Seizure of Goods & Inventory was due to the fact that it was stuck on the door of my old address

and was given to the security by the current resident of that address.

 

Leaving a letter open with all my details to be seen is a break of the Data Protection Act and it is embarrassing if one of my neighbours that might know me would have read it,

the bailiffs should have given me proper notice and a final Notice of Seizure if it did reach that far to my new address

as in my opinion they must have had my address as my vehicle was clamped in my new address in a separate car park.

 

Although I did move in the same complex, the complex holds over 1000 residents and for the bailiff company to be able to locate the particular parking (my car)

within such a large complex without confirmation with the security team in my new address signifies

the fact that they should have had my new address and should have served me any notices at my new address.

 

I kindly ask the court to review the court officers’ order at the Traffic Enforcement Centre and to review the refusal of my Out Of Time Statutory Declaration at a hearing.

 

Due to the fact that I did not receive any correspondence to my new address after appealing against the Notice to the Owner

and the bailiff should have had my new address and should have been able to send me any correspondence to my new address if they were able to clamp my vehicle in my new car park.

 

I kindly ask the court to grant my application to have the bailiff expenses,

Order for Recovery and Charge Certificate revoked.

As this is a large amount and I am a full tie student and it is unfair as I filled all my paperwork on time.

Thank you for your time and any evidence required regarding this matter is available on request.

 

 

and sent their statement to me as well AND ALSO THEIR INVOICE for solicitor which cost £400 plus VAT which If I wont successful i need to pay this invoice as well

 

I can send their statement as well if needed

 

please help

[honeybee13]

Hello there. You posted this an hour ago.

 

Merging your threads and removing the duplicate post.

 

My best, HB

[siavashes]

ok sure

[Jamberson]

If you've already submitted this, there's probably not much more which can be done now. It is a case of waiting for the hearing. You've explained your situation - let us know if it goes against you.

[siavashes]

their solicitor is lying .

 

Do I need to make new statement before hearing in court ? the thing is my hearing length is only 10 minutes !!! what should I say there ? do I need to explain every single point ? shall I tell to judge , their solicitor is lying ??? or make new statement ?

 

 

PLEASE HELP

[honeybee13]

Hello again. Whose solicitor is lying please?

 

HB

[Jamberson]

What lie have you been told?

[siavashes]

1) they did not have warrant for my new address

2) after i received the NTO , I made representation and ask them pass the case to PATAS , but they are saying they did not receive anything.

 

3) I got hearing on 9th Feb , can make another case statement and send it to the court ?

because their solicitor are playing with date and trying to tell the judge I ignored all the things

[siavashes]

Do I need to make new statement before hearing in court ? the thing is my hearing length is only 10 minutes !!! what should I say there ? do I need to explain every single point ? shall I tell to judge , their solicitor is lying ??? or make new statement ?

[Jamberson]

Not sure about the lies.

 

They should have a warrant for the old address - this would be normal procedure.

 

And it is not viable to request the case go to PATAS when making a representation, and they would simply ignore such a request. You'd need to make a formal application for a hearing, which you can only do if your representation has already been considered and rejected.

 

Anyway - the purpose of the hearing is to judge whether or not you are allowed to submit your stat dec/witness statement out of time. All you need to do at the hearing is tell the judge why you did not get the correspondence - which is because you moved. If you can take some documents which prove when you moved, that will strengthen your case.

[siavashes]

I made represntation of section g of NTO which is :

the traffic order (except where it is an order made under schedule 9 of the road traffic regulation ac 1984) wich alleged to have been contravened is invalid.

 

I got proof of postage which I sent them a letter which my address will change with my NTO ,but after that did not receive anything from them .

 

one question : is the warrant only valid for the address which has been issued or they can use it for any address ? However I moved within same complex but it's big complex .

 

 

in court shall I tell to the judge which their (council) case statement is not true and I can prove that to the judge ?? I got evidence which they are lying (they are saying they got New warrant for my new address ).

[Jamberson]

The purpose of the hearing is to convince the judge that you could not have received the reply to your representations or the other documents they will have sent. That's all you need to think about. The judge won't really care if your representation was good or whether the council has lied - he/she just wants to know why you haven't dealt with it before now.

 

I think the bailiffs can still execute the warrant by clamping the car, even though the address has changed - but that's not the issue right now.

[siavashes]

Thank you ,Guys , I WON the case in court and my cost statement awarded by judge . happyyyyyyyyyyyyyyyy :whoo:

[Jamberson]

Well done.

 

You still have the original PCN to deal with - expect the Council to be in touch about in the next couple of weeks. Let us know if you need any advice.