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adatat

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  1. Your recent application to file a Statutory Declaration/Witness Statement out of time was referred to the Court Officer for a decision without a hearing under Part 75.5 (1) of the Civil Procedure Rules. Your application has been refused, please find enclosed the order drawn by the Court Officer. The response from the local authority with regards to your out of time application should already have been served to you. 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 an explanation for refusal. Please be aware that any enforcement action may be reintroduced by the Local Authority pursuing you and the TEC do not have the authority to stop such enforcement action. If you wish to apply for a review of this decision you should complete an Application Notice N244 which is available from our website or from your local County Court Hearing Centre. The application should be filed with the TEC within 14 days of the date of this service of the Court Officer’s Order. For a review by a District Judge at a hearing to be arranged at your nearest County Court Hearing Centre, the fee payable is £255. For a review by a District Judge without a hearing, the fee payable is £100. As this application may incur further costs being awarded against you, you are advised to seek legal advice before proceeding. Payment for the fee, made payable to HMCTS, should be sent with the N244 application to the above address. If you cannot afford to pay the fee, you may be able to apply for a fee remission. Information on this together with an application form i provided in the booklet EX160A. Your faithfully…. And then on a separate piece of paper Before a Court Officer Sitting at Northampton County Court It is ordered that - 1. Under rule 23.8 of Civil Procedure Rules the court will deal with the application for leave to file a Statutory Declaration/Witness Statement out of time without a hearing because the court does not consider a hearing at Northampton would be appropriate. 2. The application for leave to file a statutory declaration/witness statement to be — REFUSED Date order made - 20th August 2017 Date order drawn - 20th August 2017 Any thoughts? Realistically thinking it just needs to be paid, but is haggling with equita a possibility?
  2. TEC rejected. Any other options besides court? Pretty sure bailiffs are still unaware of updated address (haven't heard anything from them) so what would you suggest I do? Really don't want them turning up at the door, is there room for haggling maybe?
  3. Thanks, will get it to a solicitor for witnessing this aft all being well. I'll let you know how it turns out.
  4. Only reason I'm leaving the other three in is because I want to pre-empt them looking me up and seeing them on my record, I don't want to say 'hey I'm normally really good' and they then see all these other fines against my name. This way I can explain that the one I'm talking to them about is the first and that I wouldn't have committed 2, 3, and 4 had I known I was in the wrong. Thoughts?
  5. Thanks for your quick reply as always. I've typed this up for the 'My reasons for filing the statutory declaration outside the given time are as follows:' I only became aware of this penalty on 14th July when I received a number of letters forwarded to me by the current occupier of my prior address. I do not believe this to represent the full correspondence sent to me and have since made numerous phone calls to Leeds City Council to establish further relevant details, they have informed me that submission of a PE2 to yourselves is the appropriate course of action for me to follow. Upon receipt of the letters, I immediately contacted Leeds City Council and they informed me that I had the above outstanding penalty charge as in addition to three others that were still with Leeds City Council. They informed me that they had been writing to me at my prior address of ** ************. Unfortunately, I did not receive any of their letters because I had moved address. As stated above, some have since been forwarded to me by the current occupant of that address and whilst they state this is all they have I do not believe the letters they have sent me to represent the full correspondance. When I moved, I updated my driving licence to reflect my new address but it wasn't until speaking with the council that I realised I had overlooked updating my V5C. The change of address was as a result of my parents separating, all of which occurred whilst I was at University. Following my conversation with Leeds City Council earlier this month I immediately returned my V5C to the DVLA to update my address. The contravention occurred whilst commuting to my place of work in Burmantofts where I was employed as a trainee Primary School Teacher. Due to it being on my regular commute, and me being unaware of the contravention, these were repeated leading to the further penalty charge notices. Had I been aware of the initial contravention I certainly would not have repeated it and hope that my clean driving licence and no prior history of such contraventions speaks to my good character with regard to this.
  6. Hi, based on their email it's a PE2 required. Any advice as to wording? I have typed up the below email to accompany, advice on this is welcome too. Thanks ------------------------------------------------------------- Dear Sir/Ma’am, I have recently received a number of debt collection letters which were initially sent to my old address, and then forwarded on to me by the current occupants. These refer to a bus lane ticket issued by Leeds City Council I failed to pay in October 2016, again, as it had been sent to my old address. The reference number for this is LS*********. The letters have been sent to me by Equita on the 25th and 28th June 2017, I am unaware if there is further correspondence from them that I have also missed. Rest assured I have since updated my vehicle logbook to reflect my current address. I thoroughly apologise for failing to do this at the time of changing address (which occurred as a result of my parents separating whilst I was at University). I did update my driving licence but didn’t appreciate the requirement to do this with my V5. I understand there are options available to me whereby I can pay the original ticket and discharge all debt and liability against myself. I am keen to do this, though email you today to ask which forms it is necessary for me to complete given the above circumstances. I am happy to pay the original fine in full (stated as being £60 if paid within 28 days, £90 if not paid within 28 days), I also have three other fines which are currently with Leeds City Council and will be paying these promptly and without contest. The contravention occurred whilst on my regular commute to my place of employment in Leeds where I work as a Primary School Teacher and had I been aware of the first contravention I certainly would not have repeated it. I have no prior history of such offences, nor do I have any endorsements on my driving licence. I hope that you will appreciate the circumstances outlined above and accept that the cost of four fines is sufficient for me to have learned my lessons from this experience, and thus accept my request to pay LS******** at the above described rate. I look forward to your reply and the successful resolution of this matter. Yours faithfully (and apologetically!) Oh and the additional penalties - if you mean the other tickets I've got these are still at a very early stage, all within 14 days. I've asked about just paying one given and taking that as lesson learned (a friend had success recently with such a request) but would happily pay them all if needs be. My request was emailed to them and they said that the charges won't go up (it's £30 if paid within 14 days) pending their reply.
  7. Hi, thank you for your replies, really helpful and have cut through a lot of the myths I'd heard elsewhere. I fully appreciate the error of my ways now in terms of the logbook. It has now been changed. I had a further three tickets as well though these are still with the council and they were open to the idea of me just paying one, they asked that I put this to them in an email and I await a response to this, I have since phoned again and emailed to show willing though they keep saying to just wait for a reply to my original request. To answer your other questions; - The contravention was November 2016 - I updated my logbook since all this started on 14th July 2017, I have received this back since - And yes, I changed my licence when I moved As for the warrant, I don't think I ever told Leeds City Council, or indeed anyone, my new address, I feared the bailiffs turning up! I did ask them about my options for this in my first email to them and they replied with ------------------------------------------------------------ Nature of Contravention: 34J - BEING IN A BUS LANE Please find enclosed the reprinted notices sent to you for the above Penalty Charge Notice It is now too late to appeal to Leeds City Council. The Traffic Enforcement Centre (TEC) is a registration point for Local Authorities to register unpaid penalty charges with the County Court for enforcement. When a penalty charge is registered with the Traffic Enforcement Centre, an Order for Recovery is sent to inform that you have 21 days to either pay or appeal using a Statutory Declaration. PCN with Bailiff Leeds City Council Parking Services forward the Order of Recovery to a registered Bailiff, Marstons who collect on behalf of Parking Services. lf this case is with the bailiff, Leeds City Council Parking Services, advise that you seek your own independent legal advice and continue to liaise with the bailiff. Leeds City Council Parking services will not suspend any action until notification is received from TEC. On receipt of your application the Traffic Enforcement Centre (TEC) will: . Notify the Local Authority concerned that an application has been received and processed. Upon receipt of this notification the Local Authority will suspend any enforcement action. A copy of your application will be sent to the Local Authority concerned by post. . The Local Authority is given 19 working days to decide if they wish to accept or reject your application. lf the Local Authority accepts your application within this time limit, the court registration will be revoked (cancelled). This does not cancel the original penalty charge. The matter will be referred back to the Local Authority. . lf the Local Authority rejects your application, the court file will be referred without a hearing to a Court Officer who will make an impartial decision. You will be notified of the result. ------------------------------------------------------------ what would be my next step, should I speak to Leeds City Council about this one that is no longer with them or should I go direct to TEC, and if so what forms should I send them, or am I better off just emailing them and explaining the situation to see what they advise? I certainly don't intend to appeal the actual penalty charge notice, and would be happy to pay the fine itself in full (just not the additional bailiff fees) is it worth telling the TEC this?
  8. I moved house five years ago, and never changed my V5 logbook address. I recently got forwarded a letter from the occupants of my old address from Equita which stated the following: --------------------- To the above named respondent, We write to you, the above named respondent, as you have failed to pay a Warrant of Control, which was issued through the Traffic Enforcement Centre. We are authorised under 'The Taking Control of Goods Regulations 2013' to attend your address to execute the aforementioned order. We have already issued the 'Notice of Enforcement' as prescribed in law. The account is now with our enforcement teams and they will be calling without further notice. We are instructed and authorised by law to seize your goods under the above regulations. We suggest you contact our office immediately to prevent further enforcement action taking place. ------------------ There were then details of how to pay and debt advice services. This letter came from Equita. I have since confirmed it is in relation to a bus lane fine issued late 2016. Obviously I didn't receive that and aside from two letters date 25th and 28th June 2017, both reading as per the above, I have nothing from Equita. Obviously given the change of address this isn't to say they weren't sent. I have phoned Equita who are claiming over £400. As an added sticking point, on speaking with Leeds City Council, they said the unpaid fine was passed to Marstons, not Equita. Any advice on my options?
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