TE7 and TE9 rejected from PCN Lambeth council in April 2016

[esudcq]

Hello,

 

I, unknowingly, received a PCN from Lambeth council in April 2016 for parking my motorbike in a permit holders only bay.

 

I moved address a couple of weeks later (and then my motorbike got stolen!).

 

All correspondence from Lambeth council was to my old address, where my motorbike was registered.

 

I did not update the registration address with DVLA as the vehicle was no longer in my possession.

 

As I was no longer living at the old address, I did not receive any of the letters from Lambeth council regarding the PCN.

 

It was only until Jan 2017 when I received a letter (to my new address) from Marstons Bailiffs saying that I had an outstanding parking fine and they were threatening to seize my property if I didn't pay.

 

I appealed to the TEC with forms TE7 and TE9, explaining that the reason for the out of time appeal was because I never received any letters from Lambeth Council and only knew of the PCN when Marston's contacted me at my new address.

Lambeth council confirmed that they were writing to me at my old address.

 

I also said that because it was dark when I returned to my motorbike and the PCN was attached to my motorbike at the rear next to the wheel, I didn't see it as it wasn't clearly and obviously placed on my motorbike.

 

The PCN must have fallen off as I was riding the motorbike.

 

I also attached a copy of an electricity statement confirming I was living at my new address at the time of when any letters from Lambeth would have been sent to me regarding the PCN.

 

The TE7 and TE9 applications have been rejected.

The letter from them says

“the response from the local authority with regards to your out of time application should have already been served to you”. I have not received this.

 

I have 14 days (as of 18th Feb) to file the N244,

however there are fees of £255, or £100 for a review without a hearing.

Given it is now 2nd March, I have only 2 more days within the time frame to appeal.

 

Can anyone please advise on what I need to do?

 

I am willing to pay the PCN to the value of what I would have needed to pay had I known about it in the first place (£60).

 

Thank you in advanced

Nick

Edited March 1, 2017 by esudcq

[Bailiff Advice]

This matter concerns an Out of Time witness statement, which is a procedure that only applies in cases where a warrant of control has been issued. Also, bailiff enforcement is currently 'on hold' pending the outcome of the OOT. I have therefore asked a moderator to move this thread to the bailiff section. I can then advise further.

[Bailiff Advice]

Hello,

 

The TE7 and TE9 applications have been rejected. The letter from them says:

 

“the response from the local authority with regards to your out of time application should have already been served to you”. I have not received this.

 

I have 14 days (as of 18th Feb) to file the N244, however there are fees of £255, or £100 for a review without a hearing. Given it is now 2nd March, I have only 2 more days within the time frame to appeal.

 

Can anyone please advise on what I need to do? Nick

 

Nick,

 

There is a great deal of misunderstanding regarding 'seeking a review' (by way of an N244 application). The truth of the matter is that an N244 can be submitted at any time (you will merely have to provide a reason for the delay).

 

The downside to applying after the 14 day period is that the warrant will become 'live' again. Do you still have a motor vehicle or bike?

[esudcq]

I don't have the motorbike as it was stolen from me. I do have another motorbike in my name and registered to my new address, but I have been told that bailiffs aren't able to find out what other vehicles you own from the dvla, and therefore can't clamp it as they don't know who it belongs to. Is that correct?

 

I've just received a letter from lambeth council saying that as the issue has been passed on to Marstons, I need to deal with them and pay them. The penalty is ridiculous. As stated in my previous thread, i have seen the proof of my penalty and am willing to make a payment to the value of the initial penalty had I seen the parking ticket in the first place. But it seems lambeth council aren't willing to hear it.

 

Any advice on what I should do next is really grateful. Thanks.

[Anus Horribilis]

I don't have the motorbike as it was stolen from me. .

 

Might be useful to contact the Police and get the crime number etc for when you reported this theft. Contemporaneous supporting evidence is really helpful for credibility.

[Bailiff Advice]

 

I appealed to the TEC with forms TE7 and TE9, explaining that the reason for the out of time appeal was because I never received any letters from Lambeth Council and only knew of the PCN when Marston's contacted me at my new address. Lambeth council confirmed that they were writing to me at my old address.

 

The TE7 and TE9 applications have been rejected. The letter from them says “the response from the local authority with regards to your out of time application should have already been served to you”. I have not received this.

 

As you will see from the following link from 2013 (I was posting as Tomtubby back in those days), I have been concerned at the way in which local authorities are failing to provide respondents with a copy of their response. It really is not acceptable that this practice is ongoing. I am in the process of making a Formal Complaint to the Department for Transport and the Ministry of Justice on this matter.

 

PS: I have been contacted off the forum by Esudcq. Unfortunately his Out of Time witness statement did not provide sufficient information and an N244 Application (to seek a review) is necessary. I have offered to provide a draft for him.