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Fizzgig

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Everything posted by Fizzgig

  1. They can't check for you specifically for what vehicles you own and to my knowledge they will only take the car that the PCN relates to. Equita automatically check the vehicle for which the PCN has been issued. I think they would be within their rights, provided that they have listed it as an asset, take anything you own, but it would be unlikely that they would know that the other vehicle belonged to you provided that it is not parked in your drive or in a reserved parking space. However, I'm not 100% on that I'm afriad.
  2. Is there no chance of hiding your car? As in parking a few streets away from where you live. Also, what date was this warrant issued? It is only valid for 12 months from the issue date, so if you manage to stretch it out for this time, you would not have to pay them anymore.
  3. Even if the Council reject your out of time application, you will be given the opportunity to file an N244 with the county court and a judge will decide whether the application will be accepted.
  4. Adjudicators cannot rule on mitigation so your comment that a contravention may have 'technically have taken place' but 'NPAS would allow the appeal' is a complete contradiction. It may sound a contradiction, but this advise was given to local authorities by NPAS in their annual report. Many rulings they give don't make much logical sense and they often do find that a contravention has occured, but still side with the appellant.
  5. Please make sure that you notify the Council that you are filing a Stat Dec, as this requires that they suspend bailiff enforcement until your stat dec has been processed. If they do not do this, contact TEC as they have to suspend enforcement. If your stat dec is rejected, you may still take the case to a county court to see if the judge agrees that the council should accept it out of time by filing an N244(I think), which would, as you have been advised bring the case back to the Notice to Owner stage.
  6. Forget about contesting on the grounds that the PCN is not compliant. All councils are now aware of this problem and have fixed it. NPAS in general will have approved the template, so it is unlikely that this will get the fine cancelled. However, wait for the NTO and make reps on the grounds that you paid and displayed. At some point after leaving the vehicle the ticket must have fallen from the dashboard, therefore, a contravention may have occurred technically, but it would be unreasonable for the council to expect you to pay for a notice that was issued under circumstances beyond your control. If your representations are rejected, I can almost guarantee that if you appeal it will be no contested by the counciland failing this NPAS would allow your appeal, provided you still have the valid ticket that you purchased.
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