TE7 and TE9 Rufused - Please help advise next steps

[ideaz]

I received a visit from a Bailiff on 7th Oct 2012 which was the first time I was made aware of a unpaid PCN that was apparently sent to me by London Borough of Hounslow for a offence on 13th May 2012. Before the visit by bailiff, I was not aware of the PCN as I had not receive any communication from London Borough of Hounslow so did not receive any notices, or remainders or warning that the unknown unpaid debt would be passed onto the collection agency.

 

As soon as I received the letter from the Bailiff (I was out when they had come to visit the property), I submitted a form TE7 and TE9 to make an out of time witness statement, which I have received response today that it has been rejected.

 

The reason has not been given on why it has been refused and I have just received the standard letter saying that I can apply for the decision to be reviewed via completion of form N244

 

I am very annoyed at the underhanded tactic by London Borough of Hounslow to pass on the debt to a collection agency without ever writing to me about either the PCN, or sending reminders. I have not changed address so it is not as though the communications were sent to the wrong address so this is clearly a underhanded tactic by London Borough of Hounslow to make me pay more money to them, but also have to pay any charges applied by the collections agency.

 

Has anyone on the forum experienced any such underhanded tactic before and can advise, or know what I can do now as the TE7 and TE9 has been rejected and seems like TEC are a waste of time if they cannot even review things properly to realise that London Borough of Hounslow haven't followed the correct procedures before passing my debt to the collection agency.

 

Any advice anyone can give is hugely appreciated

 

Thanks

 

[Kiki1]

The original decision wasn't given in a court of law, but made up within the corridors of Hounslow local authority, so I'm not sure how a N244 can be used to set it aside.

 

You should firstly find out why the TEC documents were rejected, along with the reasons for the PCN. The Northampton Bulk Centre does have its uses, but they are limited in what they can do if the time limits and documentation protocol has been adhered to by the parking department.

[ideaz]

Thanks for the reply Kiki1.

 

Unfortunately the letter from TEC doesn't give much detail about why it was refused. The standard letter just says "Under rule 23.8 of the civil procedure rule the court will detail with the application for leave to file a statutory declaration / witness statement of time without a hearing because the court does not consider the hearing at Northampton would be appropriate"

 

The second accompanying letter from HM Courts & Tribunals Service also also says "The TEC is unable to assist with any queries you may have regarding why the application was refused. Reasons are not held on court record and the court officer is not required to give any explanation of refusal."

 

Based on the above contents of the letter, how do I find out why the TEC documents were rejected ?

[Kiki1]

The devil is probably in the detail. 'Not appropriate' suggests that the forms were correctly filled in. As mentioned earlier however if Hounslow has been timely in its responses (28 days blah blah) then there is little the court could do to reverse anything.

 

With regards to the PCN, are you aware of the day it was issued and were you in the area on that day ?

Have you moved house, changed name or other detail since the PCN ?

Do you live with anyone else that might have inadvertently opened/discarded the mail from Hounslow ?

Have you been the victim of stolen post ?

 

The N244 if appropriate, does allow you some respite and at least the process will be carried out at a local court to you.

[ideaz]

Thanks for the follow-up Kiki1. I work near Housnlow so could be possible that I was in breach so was issued with a PCN - I am not trying to dispute that as it could be likely that I was issued a PCN by one of the many cameras that I know is being operated by Hounslow council. I have not changed address or any details since I have been at my current address for over 6 years so there is no question of the notice to owner being being sent to the wrong address.

 

I am usually the person who receives the post / bills so very unlikely that this has been opened or discarded if it was put through my letter box. I see your point about the stolen post, but this has never happened before and why only post from London Borough of Hounslow. Also, do they not follow up a notice of owner with more follow-up if I did not pay within the set time, further reminders, other legal notices and also one to inform me that the debt is being passed to a collection agency - they wouldn't all go missing so I very much doubt that London Bourough have sent any communication to me. Could I ask them for copies of all communicaitons relating to the PCN to show that they haven't followed the proper steps before passing on the debt to a collection agency ?

[boxer64]

Hi,

my understanding is that you can still use N244 application ot of time giving all the circumstances that you have mentioned in your thread, where the late application my be allowed under the circumstances that you had been delays in your getting legal advice or being away from the residance for a period of time.

the cost is £80 for a personal hearing or £40 for a postal hearing.

[tomtubby]

There is NO problem at all with filing an N244 late. However, you have to put the following PRECISE words on the form:

 

I wish to apply for leave to file an application to review the court officer's decisions outside the 14 days of service because ( then state the reason why)

[tomtubby]

If the local authority advise the Traffic Enforcement Centre that they are are no wiling to accept your application to file a witness statement late, then THEIR reason will be outlined in a Statement of Truth /Witness Statement. The Traffic Enforcement Centre User Guide clearly provides that the LA must send one copy of their SoT to TEC and the 2nd copy should be sent to the application . Did you receive this?

 

If not received, then a Complaint to TEC by email MUST be sent. If you require the wording etc please post back.