PARKING MATTER

[Will Goodfellow]

On what grounds did your solicitor appeal on the TE9?

There doesn't appear to be any grounds on which you can appeal, you lent your car to a friend who received three Penalty Charge Notices, as the car was still owned by you, you're liable for them, it doesn't matter who was driving.

The only grounds you would have to appeal is if the tickets were incorrectly issued.

As others have mentioned, an unpaid Penalty Charge Notice does not result in a CCJ.

An Order for Recovery is issued and then enforcement action can be taken, of which the first step is usually bailiffs.

If your TE9 is rejected, which seems likely, you can take steps to prevent the bailiffs taking goods.

Eventually they will give up and will inform the council they couldn't take any goods, at this stage the bailiff fees will be removed so will reduce the outstanding amount.

You can set up a payment plan at that time, or you can carry on ignoring them and await the council's next move to enforce the Order for Recovery.

[Will Goodfellow]

'Winning' if a TE9 is accepted on the grounds of not receiving the Notice to Owner or PCN above would mean reducing the amount owed to the cost of the original tickets.

Also, if the op left the car's registered address on 03/2019, why was the car still registered at that address on 24/06/2019 and still registered at that address on 23/10/2019?

I don't think it's such a clear cut case of 'winning' as you imply.

[Will Goodfellow]

It will remove the threat of enforcement action, and I agree that the place of registration is a concern of the DVLA as it can issued fines to people who don't notify of the correct address.

But it is relevant to the appeal and will be taken in to consideration by the council.

The appeal can be rejected on the grounds that the car was not registered at the correct address if the appellant argues that's why the Notice to Owner or PCN was not received, as it is the keepers responsibility to notify DVLA of the correct address.

[Will Goodfellow]

No offence dx100uk but earlier on in this thread you suggested sending the TE7 and TE9 forms stating that the op wasn't the driver, this shows a lack of knowledge on your behalf on what ground appeals are accepted.

Not receiving the Notice to Owner or PCN on the grounds that the keeper had not notified the DVLA of a change of address is grounds for an appeal but it's not a good reason and is likely to be rejected more often than accepted.

[Will Goodfellow]

As I mentioned before, it is grounds to appeal and may be good evidence to support a TE7/TE9 but it's also good grounds for the application be to rejected as the council can argue that it made every effort to contact the keeper at the correct address held by the DVLA and it's the owner's responsibility to update those details.

 

Also out of interest where do you get the information from that a TE7/TE9 can be resubmitted up to nine times for the same PCN?

Edited December 6, 2020 by Will Goodfellow

[Will Goodfellow]

Ah, okay. So a TE7/TE9 appeal can be submitted, which will stop enforcement action and if that's rejected, another one can be submitted to stop enforcement action again and if that one is rejected, another one can be submitted to stop enforcement action and if that's rejected, another one can be submitted to stop enforcement action, and again and again and again and again and again. That's a great tactic to delay enforcement! I'm surprised not everyone does it. You state it is the council's legal obligation to accept nine submissions so it shouldn't be too hard to dig up the relevant legislation.

 

Or is it that a TE7/TE9 can only be submitted once, and if that is rejected, there is no further right of appeal and an N244 has to be submitted to the court for a district judge to hear the case if the PCN is still contested? That sounds way more feasible, as it would be the correct process.

 

It's true that a TE9 can't be rejected on face value but the council can object to it, and acceptance or rejection varies widly between different councils. One of the op's TE9 applications was already rejected.

Edited December 7, 2020 by Will Goodfellow

[Will Goodfellow]

The nine applications issue is relevant when you are telling someone to resbumit a TE7 which was already rejected, and unless it was rejected on the basis of the form not being completed properly, a TE7 cannot be resubmitted after a rejection. There is still a right of appeal but the TE7 is not the correct process.

 

It is not the decision of the council to accept or reject a TE7, the council can contest it or not but a court officer can reject it even where the council does not contest the application. Do you seriously think that where a TE9 is accepted by the council and the PCN is not paid, once an order for recovery is enforced again, it will accept another TE9 for the same PCN? That would be completely barmy.

 

Slight correction to the above after re-reading, if the council accepts the TE7, the PCN will be reset, however, where the council objects to the TE7, that decision can be overturned by a court officer.

Edited December 8, 2020 by Will Goodfellow

[Will Goodfellow]

That's a lot better than the first one, good luck.

[Will Goodfellow]

What date did you receive notice that the TE7 was rejected as you have 14 days from service of that in which to submit an N244?