Post Statutory Declaration: What happens next...

[Asti]

Hello Folks,

I'm hoping someone may be able to provide some insight with regards to the procedure following the filing of a SD. In brief, for context, I never parked illegally at all, never received a PCN, but then received an NTO months later, went down the challenge road, and eventually filed a SD in January this year. The grounds I cited were the fact that I did not receive a PCN; and based on the advice of Neil Herron and information I found online pertaining to the Lukha case that render the NTO a nullity, on the grounds of not receving an NTO.

My understanding is that what should happen next is that should the Council choose to pursue the original PCN after receiving the revoking order from the TEC, they would re-issue a new NTO. I would then be able to submit my representations again (in the vain hope of putting an end to this saga). However, the Council in question has not re-issued an NTO to me, but rather a letter from their Prosecution lawyer in their Legal Services department, stating that I have not made any sustainable arguments against paying for the PCN, and demanding payment within the next 12 days. They do not tell me what steps they will take if I do not pay by the deadline.

I called the TEC for their thoughts, and while they were unable to advise me legally, a gentleman I spoke with did say that it was odd to do it this way and in his experience, once the TEC sends out a revoking order, a new NTO is always issued. Basically, in a nutshell, does anyone out there know of anything I can use in my response to the Council, that perhaps indicates they are not following due process? I don't want to accuse them of such without the facts, and was hoping someone may have had a similar experience, or could at least point me in the right direction.

Thanks very much for your help in advance.
Kind regards.

[tgsh2006]

Legally they need to go down the road of serving another Notice to Owner. Usually Councils will do this by recorded delivery; though DoT guidance says use a process server!

Of course the longer the whole saga goes on the more unreasonable it becomes of the council to try and enforce the penalty. Notice to Owner's sent out for a 2nd time have been 'known to not be received by the owner' for a 2nd time and the whole process has to start again

[Asti]

Thanks for the reply. I know that it can drag on for months, but I really don't want it to... all I want is the opportunity for it to get back to the appeal stage after they issue a new NTO so that I can make my appeal again - this time armed with hindsight. My main concern is though that they are now not reissuing the NTO and instead demanding it via legal services... and I'm just wondering what legal grounds they could possibly have for doing this?

Argh! I have less than 10 days to pay, and I need to make sure my reply, complaint and refusal to pay is without flaw!

Thanks again!

[dw190]

Originally Posted by Asti

Thanks for the reply. I know that it can drag on for months, but I really don't want it to... all I want is the opportunity for it to get back to the appeal stage after they issue a new NTO so that I can make my appeal again - this time armed with hindsight. My main concern is though that they are now not reissuing the NTO and instead demanding it via legal services... and I'm just wondering what legal grounds they could possibly have for doing this?

Argh! I have less than 10 days to pay, and I need to make sure my reply, complaint and refusal to pay is without flaw!

Thanks again!

Road Traffic Act 1991 (c. 40)

Invalid notices 8.—(1) This paragraph applies where—

• (a) a county court makes an order under paragraph 7 above;

• (b) the person against whom it is made makes a statutory declaration complying with sub-paragraph (2) below; and

• (c) that declaration is, before the end of the period of 21 days beginning with the date on which notice of the county court's order is served on him, served on the county court which made the order.

(2) The statutory declaration must state that the person making it—

• (a) did not receive the notice to owner in question;

• (b) made representations to the London authority concerned under paragraph 2 above but did not receive a rejection notice from that authority; or

• (c) appealed to a parking adjudicator under paragraph 5 above against the rejection by that authority of representations made by him under paragraph 2 above but had no response to the appeal.

(3) Sub-paragraph (4) below applies where it appears to a district judge, on the application of a person on whom a charge certificate has been served, that it would be unreasonable in the circumstances of his case to insist on him serving his statutory declaration within the period of 21 days allowed for by sub-paragraph (1) above.

(4) Where this sub-paragraph applies, the district judge may allow such longer period for service of the statutory declaration as he considers appropriate.

(5) Where a statutory declaration is served under sub-paragraph (1)(c) above—

• (a) the order of the court shall be deemed to have been revoked;

• (b) the charge certificate shall be deemed to have been cancelled;

• (c) in the case of a declaration under sub-paragraph (2)(a) above, the notice to owner to which the charge certificate relates shall be deemed to have been cancelled; and

• (d) the district judge shall serve written notice of the effect of service of the declaration on the person making it and on the London authority concerned.

(6) Service of a declaration under sub-paragraph (2)(a) above shall not prevent the London authority serving a fresh notice to owner.

(7) Where a declaration has been served under sub-paragraph (2)(b) or (c) above, the London authority shall refer the case to the parking adjudicator who may give such direction as he considers appropriate.

[Asti]

Further to the above post a few months ago (thank you for responses btw),could someone please clarify the process for me following receipt of a second NTO following a Statutory Declarataion...

Basically, once a statutory declaration is filed and a second NTO is received (in my case 7 months after the TEC accepted the SD), does the cycle begin again? ... i.e. NTO => Challenge => Notice of Rejection => Appeal => Decision... etc etc...

Reason for asking: Letter received from Council last week further to a letter sent to them 4 months ago (one referenced in earlier post above) where they state that if I do not pay PCN in 7 days, they will issue an order for recovery/ charge certificate... What I'm getting from this is that they are not even going to bother hearing my appeal ...

"... if the Local Authority are forced into issuing another Notice of Rejection and you choose to appeal to the adjudicator again rather than pay the Penalty Charge Notice, the Local Authority will be pursuing an order for costs against you. In normal circumstances, given the fact that the PATAS appeal has been heard, you would not normally have been able to take the matter to Northampton County Court and this is a mistake on their part."

Any thoughts in terms of the process? I'm guessing as per point 7 above by DW190, the statute is saying if a SD is filed/ served, then this shall indeed go to the adjudicator/ appeals process?

Thanks in advance for comments.

[dw190]

Originally Posted by Asti

Further to the above post a few months ago (thank you for responses btw),could someone please clarify the process for me following receipt of a second NTO following a Statutory Declarataion...

Basically, once a statutory declaration is filed and a second NTO is received (in my case 7 months after the TEC accepted the SD), does the cycle begin again? ... i.e. NTO => Challenge => Notice of Rejection => Appeal => Decision... etc etc...

Reason for asking: Letter received from Council last week further to a letter sent to them 4 months ago (one referenced in earlier post above) where they state that if I do not pay PCN in 7 days, they will issue an order for recovery/ charge certificate... What I'm getting from this is that they are not even going to bother hearing my appeal ...

"... if the Local Authority are forced into issuing another Notice of Rejection and you choose to appeal to the adjudicator again rather than pay the Penalty Charge Notice, the Local Authority will be pursuing an order for costs against you. In normal circumstances, given the fact that the PATAS appeal has been heard, you would not normally have been able to take the matter to Northampton County Court and this is a mistake on their part."

Any thoughts in terms of the process? I'm guessing as per point 7 above by DW190, the statute is saying if a SD is filed/ served, then this shall indeed go to the adjudicator/ appeals process?

Thanks in advance for comments.

They have to successfully contest you reps to the Adjudicator before any consideration of costs. I think thats just trying to frighten you and is probably wrong for them to state such.