Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
Eveneing all, please respond to this post, cos I am feeling desperate right now!!
My previous post was re Lambeth and appealed ticket and finally won, as wrong info on ticket, but I called them as they sent a charge certificate. They then informed me that I had a outstanding matter with the bailiffs - dating back to October 07 where I had parked in a loading bay without loading - ticket was via camera. You don't want to know my reaction to this info.
I moved in 2005, messed about with changing address with DVLA and therefore did not get ticket, as sent to old address - before anyone says its my own fault, in 2008, I had to pay out £1500 to get my car unclamped for two tickets sent to baliffs that I was not aware of, again camera tickets and sent to old address. I had changed DVLA info, which is why they found me.
I confidently filed a statutory declaration, PE2 and 3 in May, the day afer this news, having seen advice on this forum, stating I never received tickets, as they were sent to my old address.
Today I have received a letter back stating the leave to file declaration has been refused. It does not say why, but there is a accompaning letter that sates my N244 application notice was not properly completed.
I did not fill in this form - I have a email from Northhampton with the PE2&3 and advice on how to fill in.
It also says that I have not included fee of £75, I have not quoted pcn number on form N244, then states I hvae given two different PNC numbers, not given named respondant etc.
I have no idea why my declaration has been refused and the letter refers to a form I have never completed.
PLEASE can I get some advice - if they clamp my car again they will need to take it, cos I don't have any disposable income, basically robbing peter to pay paul each month, threatened with sack, kids pi**ing me off, won't behave etc.
I need help please.
Many thanks for viewing and any advice apprieciated
Don't know how much you know about the process but I'll give you some basic info:
The local authority is under no obligation to accept an Out of Time statutory declaration. The key thing is your reason for why it is out of time. I trust you explained carafully on the form, and all the dates tie up etc. and back you up. They can still refuse it though, and if they do when there is good reason, you can challenge their decision.
This is where the N244 comes in - it challenges them.
If they say the N244 wasn't completed correctly, but you never even completed it, then I would assume they are getting confused and probably generated the wrong tempate letter to send to you. I don't see any significance in it.
No matter - file it now. File the N244, include the fee, and challenge their refusal. Only do this if your case is sound, and you genuinely was not receiving car-related mail - if you can't prove this with a reasonable account of dates and addresses then you could be wasting the fee.
The upshot is, it will cost you to do this. You have to gamble this fee along with the possibility of not succeeding, plus if you do succeeed, the original pcn which will still be outstanding (although you might eventually be able to get that quashed on appeal), against what the bailiff is chasing now.
It's a decision only you can make. Could you convince an independent person that you genuinely did not know about this PCN until after it was refered to the bailiff?
N244 for the application to succeed you normally only have to attend and the judge will ask a question and that usually is it. Do not forgetto ask for your £75 back as well.
I hate bailiffs. Let me know if you have had a problem with them. I am sure i could upset them.
That's true - the judges are normally supportive of the car owner, and view the council's resistance to the stat dec as petty. Still, it's best to have a robust case to be sure.
Not sure about getting the fee back though - maybe someone can advise on how likely it is.
Thanks everyone, I checked this thread over the weekend and was feeling down I didn't get any responses - must have been my computer.
I got a liitle confused as Northampton told me they would ask the Council to accept Pe2&3 - if they didn't then a decision would be made by Northampton. I assume they made their decison by refusing stat declaration.
I moved Deecember 05 - could not fine log book,so didn't change address until December 07 - silly I know - I have already paid out £1500 to bailiffs in 2008 for parking tickets, to TFL and croydon, as they went to old address.......then I discovered this website!!!1will do N244 - thanks for the help, I tell am currently telling random people to sign up, when I see they have a ticket!!!!
refused statutory declaration
- dating back to October 07 where I had parked in a loading bay without loading - ticket was via camera. You don't want to know my reaction to this info.
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