PCN never received- repeal the appeal

[loupy2005]

I received a letter from a bailiff company at the end of Nov stating a warrant of execution for 2 Box juction PCN amounting to £1060.14. This was the very first time i knew anything about the PCN's.

I sent off a Statutory Declaration & Out of Time to Northampton stating did not recieve PCN's or any other paperwork.

I also wrote to the bailiff company informing of my actions and requested an Subject Access Request included the £10 they received my letter on 12/12/07. To date have no received the Subject Access Request

I forgot to write a letter asking the council for details regarding the 2 PCN which I just done. I will take letter to the council 2 morrow

Today I got EFC decision. They refused my application and sent N244 form to complete which I need help with. The order was served 21.01.08 and have 14 working days to complete the form. I dont know what to write in Part B & C help required.

regards

[29spots]

Hi Loupy, I found that National Debtline have a fact sheet on how to fill in an N244. It is fact Sheet No.12.

[loupy2005]

I need help with the wording for part B & C.

Not very well at the moment and find it hard to concentrate. I would like to hand it in on Monday if possible

[bmwman]

Hi Loupy2005

Phone TEC ask them for date of debt registration for both PCN's I take it they have given PCN Numbers. I will have a look myself at N244 notes tonight will then post any help I can give. I dare say If I should be wrong on any someone else will correct me. Have a look at my thread some info on it that may help. Has Anyone Reclaimed Paid PCN sounds to me they may have contraveined R.T.A. and C.P.R. (75.3)

[loupy2005]

Thanks Bmwman

Debt registration for both box juction PCN was the 4 June 2007. One pcn was issued 29.01.07 second one 06.02.07

[bmwman]

Hi loupy2005

Heres a link to help with n244
National Debtline England & Wales | Debt Advice | Factsheet 12 How To Set Aside A Judgment In The County Court

There is a link on this page to a sample n244 this should help in filling in yours.

Having calculated out approx time scales on both PCN's something very fishy here First PCN 95 days From issue to Debt Registration just possible if all sent first class post. Second PCN 87 Days from issue to Debt Registration NOT possible. Also which council sent you PCN's.

Hope this helps

[loupy2005]

looking at the Bmwman's thread I now find my self more confused. Need your comments if filing the form correctly or not.

Part A section 2 : intend to apply for an order that to set aside the court officer's order.

Part A section 3: because I am entitled to a fair and public hearing as I have not recieved any paperwork in relation to Penalty Charge numbers EA32585219 and EA32561334

Now stuck
is there a link of a template ?

[loupy2005]

missed your post bmw Ealing council.

[bmwman]

Hi loupy2005

Part A Section 1

intend to apply for an order (a draft of which is attached) that (2)

The Default Judgment entered against me be set aside and a re-hearing ordered

Part A Section 2
I have not recieved the documentation in relation to Penalty Charge numbers EA32585219 and EA32561334 contrary to the road traffic act 1991 section 66, Schedule 6 and Civil Proceedure Rule 75.3. I think these are correct. Also may be worth doing a check on this site VIN Check - VIN Number Search - Free Vehicle History Report to see if your car has been cloned.

[loupy2005]

Can some one advise on Part C things i want to include

The PCN's did not come to my attention because I have not recieved the documentation in relation to Penalty Charge numbers EAXXXXX and EAxXXXxX contrary to the road traffic act 1991 section 66, Schedule 6 and Civil Proceedure Rule 75.3

On discovering the warrent of execution against me I sought advise immeditaly and was advised to file Statutory Declaration & Out of time. The application has been refused and would like to appeal

I am requesting that any enforcement for the recovery of the PCN's be stopped until after the hearing to set the Court officer order aside.

I would be grateful if someone corrects or suggest other info
regards

[Rob S]

If these are Ealing box junctions, I would advise you to get in touch with a chap called Box Clever. He has a lot of info about Ealing Council and their box junctions. His website address is Money Box Junction

[loupy2005]

I forgot about box clever. Thanks for that. I have just found out that the box juction in question is in fact illegal. i have completed the N244 application and served it this morning.

As the PCN are box juctions the road traffic act 1991 section 66, Schedule 6 and Civil Proceedure Rule 75.3 does not apply

I will keep you posted of the outcome

[loupy2005]

I have application Hearing on May 28 what happens in Court,what do i do?