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Traffic Court Reject out of time declaration and bailiff is after my blood
I am fairly good at dodging parking fines but have had no luck with an old one which I thought had gone away. It is a Harringay council parking ticket from last May. The car was registered at my parents place at the time and all the letters regarding the fine went there. At the time I was very much a go **** yourself type of bloke but now I'm a changed man and am trying to deal with my past indiscretions. I had a good few tickets from that period and up to now have managed to get out of 2 of them by using statutory out of time decs and not having the councils follow them up. A third council sent a notice to owner which is fine as I can appeal against it but the fourth was sent back saying the court had decided it could not help me. It went on to state that I can appeal their decision (which incidentally they won't elabourate to) for a £75 fee. No way. Can't afford it. Can't afford any of this. Also bailiff is after £600 and refuses to accept that they are visiting the wrong house despite me giving them my current (ahem) address. Any Ideas?? Can I file another statutory dec? Can I offer the bailiff £1 a week or something? Can I somehow take the council to court for hounding me?
Re: Traffic Court Reject out of time declaration and bailiff is after my blood
If the bailiffs are after you then it has already been to court and a judgement made against you.
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Re: Traffic Court Reject out of time declaration and bailiff is after my blood
Well no, not exactly. The Order for Recovery would have been issued as more a part of an automatic administrative process rather than a 'judgement'. i can't see how it can be called a 'judgement' when there is nothing you can do to defend the original issue.
He has since tried to overturn that by use of OOT Stat Dec and that has so far failed.
The mention of £75- is the recently introduced charge (1/10/08?) to transfer a case to your local county court and hence present your case that the decision not to allow the Stat Dec should be reversed. If such a hearing went ahead then yes, i would call that a 'judgement' because it will be decided at the time by a Judge.
Anyway, that's as i understand it. Feel free anyone to correct any errors.
Problem now is that i cannot imagine the Stat Dec decision being reversed even if you invested that £75-. If you failed to re-register your car and the correspondence was actually going to the wrong place because of that then - can't see much hope. Moreover, if it comes out in the hearing that the correspondence went to a close relative then i fail to see any reason to allow or alleviate your previous ostrich impression.
Sorry mate. Have to be honest with you. If others have something more positive to offer then i wish you the very best.
Yet again, no disrespect to members here but i recommend you post this on the 'PePiPoo' forums because you haven't had any responses here for what is a fairly urgent situation. They may only confirm what I've said or they may know more. Either way you will know where you stand.
Re: Traffic Court Reject out of time declaration and bailiff is after my blood
Originally Posted by Ting
Yet again, no disrespect to members here but i recommend you post this on the 'PePiPoo' forums because you haven't had any responses here for what is a fairly urgent situation. They may only confirm what I've said or they may know more. Either way you will know where you stand.
I would agree with Ting's comments - posting on both forums opens you to maximum benefit of the combined forums wisdom.
That said some of this information is posted in other threads. I also feel that sometimes these threads could do with being in the bailiffs section - where the likes of Tomtubby, ScrewtheBailiff and others can see and contribute.
Ting, a challenge, you have criticised this forum about the lack of responses in these cases. I often don't respond because I don't have the necessary knowledge, I don't want to give bum advice and I bow in deference to your knowlegde. As you seem to have a good knowledge of the pcn process, maybe some general directions on the use of Stat Dec's etc would be useful to both forums (CAG and the other one). Any guidance on the PCN process itself would be good. Any chance you could put something in writing? I'm sure the site admin guys would make it sticky. (BTW I'm happy to help out with wording, formatting etc - I used to write training manuals once upon a time)
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Re: Traffic Court Reject out of time declaration and bailiff is after my blood
i agree with all of that. A sticky re Stat Dcs would be useful rather than having to keep explainingtheprocess to people. Problem is that despite your nice comments this isn't an area in which i feel particularly confident about my knowledge; Plenty better than me, here and t'other.
Yes I have been critical of a lack of responses on a number of occasions but I hope it is clear that is not in any way a criticism of members here. This is a valuable resource and it is clear that members are well intentioned. It might interest you to know that although I might scorn posts of "oh deary me I should complain about if i were you" I believe that common sense opinions have as much place as advice on the intricacies of legislation.
This site covers many subjects whereas the other is more specialist. It is inevitable that efforts here have to be spread around.
Where I sometimes get concerned it is just because i want to see people get the help they need. Sorry, i know i shouldn't take it on but I find it difficult to ignore those seeking help. Problem there is I can't always gaurantee to be able to respond further and also that I am not quite so knowledgable as you have kindly said - and seek a further opinion for the poster. In such cases I refer people to a source of help that is both knowledgable and more active.
There are actually some very knowledgable members here i've noted and i hope i haven't offended; that is not my aim.
Re: Traffic Court Reject out of time declaration and bailiff is after my blood
Originally Posted by Ting
Well no, not exactly. The Order for Recovery would have been issued as more a part of an automatic administrative process rather than a 'judgement'. i can't see how it can be called a 'judgement' when there is nothing you can do to defend the original issue.
He has since tried to overturn that by use of OOT Stat Dec and that has so far failed.
The mention of £75- is the recently introduced charge (1/10/08?) to transfer a case to your local county court and hence present your case that the decision not to allow the Stat Dec should be reversed. If such a hearing went ahead then yes, i would call that a 'judgement' because it will be decided at the time by a Judge.
Anyway, that's as i understand it. Feel free anyone to correct any errors.
Problem now is that i cannot imagine the Stat Dec decision being reversed even if you invested that £75-. If you failed to re-register your car and the correspondence was actually going to the wrong place because of that then - can't see much hope. Moreover, if it comes out in the hearing that the correspondence went to a close relative then i fail to see any reason to allow or alleviate your previous ostrich impression.
Sorry mate. Have to be honest with you. If others have something more positive to offer then i wish you the very best.
Yet again, no disrespect to members here but i recommend you post this on the 'PePiPoo' forums because you haven't had any responses here for what is a fairly urgent situation. They may only confirm what I've said or they may know more. Either way you will know where you stand.
-
In that case then the 'bailiffs' are not after him as they can only come after something has been to court.
Trading Standards wants your help
Dubious website businesses Conterfeit alcohol and cigarettes Illegal sales of alcohol, tobacco, knives & fireworks to children Cowboy builders or tradesmen Car clockers Counterfeiters Aggressive selling
Never phone or accept phonecalls from debt collection companies.
If you don't believe you can win, there is no point in getting out of bed.
_________________________ ________________ _________________________ ___________________
Re: Traffic Court Reject out of time declaration and bailiff is after my blood
A sticky is needed about this and I would be more than willing to provide one. I do not normally post on the parking section......my speciality is bailiff queries.
Sadly, we are finding that MOST Out of Times are being rejected. Until we receive proof otherwise, I am personally of the opinion that this has something to do with the introduction of a fee of £75. Our company have written letters of complaint on this fee, in particular whether this is legal as this is merely a "review" of a Court Officers" decision.
Another fact that you need to know is that the TEC allow the very same bailiff company who may have clamped or removed your car to respond to your Out of Time Declaration. This has only recently been discovered by us and we have to thank JBW (bailiffs) for this.
A further complaint has been made about this practice as the Civil Procedure Rules (75) specifically state that the response must be from the local authority.
It is a fact that most N244 Applications are successful. I would strongly suggest that you borrow the £75 fee. Whilst the N244 is ongoing all enforcement MUST CEASE.
We have been advising everyone who makes an N244 Application to request from the TEC or local authority a copy of the STATEMENT OF TRUTH to see whether it addresses the reasons stated in your Out of Time.......and who has signed it !!!!!
Finally, if your application on the N244 is successful you can request your costs. This will include the £75 fee that you would have paid.
If you need assistance in completing the form...please post back.
PS: This is not a Judgement and is not recorded as such.
Re: Traffic Court Reject out of time declaration and bailiff is after my blood
Another fact that you need to know is that the TEC allow the very same bailiff company who may have clamped or removed your car to respond to your Out of Time Declaration.
Well, that would explain the aforementioned lack of success then.
Apologies to people who I was in the process of helping, I may be gone some time.
Re: Traffic Court Reject out of time declaration and bailiff is after my blood
Bookworm.
You are correct.
It was only after hearing that so many applications were rejected concerning one particular local authority and their relevant bailiff company that we started asking questions and requesting a copy of the response from the "local authority" to the applicarion for an Out of Time Statutory Declaration.
The statements that we received back were found to be signed by the very same bailiff company who had clamped, removed and in some cases .......sold the clients vehicle. These "Statements of Truth" were then accepted by the Traffic Enforcement Centre even though the Statutory Regulations provide that it must be the local authority concerned who must swear a Statement of Truth.
Traffic Court Reject out of time declaration and bailiff is after my blood
from last May. The car was registered at my parents place at the time and all the letters regarding the fine went there. At the time I was very much a go **** yourself type of bloke but now I'm a changed man and am trying to deal with my past indiscretions. I had a good few tickets from that period and up to now have managed to get out of 2 of them by using statutory out of time decs and not having the councils follow them up. A third council sent a notice to owner which is fine as I can appeal against it but the fourth was sent back saying the court had decided it could not help me. It went on to state that I can appeal their decision (which incidentally they won't elabourate to) for a £75 fee. No way. Can't afford it. Can't afford any of this. Also bailiff
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Re: Traffic Court Reject out of time declaration and bailiff is after my blood
Originally Posted by Ting
Well, that would explain the aforementioned lack of success then. 
