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  1. Wishing you all the best Mr Happy. First step in my opinion would be to find out if the Hospital car park is privatly run or operated by a local authority. If it is privatly run, I dont think it is enforcable. The more experienced members of this site I am sure will be able to tell you If it is LA my first step would be to appeal and plead mitigating crcumstances. How are you supposed to know how long the labor is going to take. With the birth of my son it was a nightmare I kept having to run back up and down to sort the car out when frankly I had more important things on my mind like trying to support my wife.
  2. Hi demented I will update, so far all I have received is acknowledgement of my email and that all is on hold whilst they deliberate and decide on their response.
  3. Letter sent via email to Wandsworth Council tonight Dear ..... ........ I have received your letter dated the 19th of August, I must point out that I only received this letter last week on Tuesday the 3rd of September. Within your letter was enclosed a Notice to Owner giving me 28 days to pay the charge of £80 or make representations. I also noted that within the Notice to Owner it stated that I had been given 14 days to pay a discounted sum ( I assume £40 ) on the Penalty Charge Notice and that it is now too late to pay the discounted amount. Given that I did not recieve the PCN, it is clear that I was not given this opportunity to pay the discounted rate or to make representations at this stage. In May 2013 I contacted Wandsworth Council and spoke to a Jacquie Whaley requesting proof that a PCN had been issued. I received a letter via email on the 13th which gave me a link to follow and pin to access photographic evidence of the alleged contravention. I have tried multiple times to access this evidence but have not been able to. Please could you provide evidence of the PCN and the alleged contravention the letter dated May the 13th stated that my ticket expired at 11:06 and a PCN was issued at 11:12 I would also like to point out that I have already paid £80 to have my case heard by my local county court due to your LA not following correct procedures. I refer to CPR 75.7 (7) and under Operational Guidance to Local Authorities: Parking Policy and Enforcement under the Traffic Management Act 2004 section 10.68 and sec 10.69. In my out of time witness statement I listed the valid reasons in that i had not received any of the statutory notices due to them being sent to a previous address. You declined this and then just went on to list all the notices you had sent to my previous address which is not a reason to reject my out of time witness statement. I also highlighted to you that given my address change of late 2011 the local authority are not permitted to amend the warrant and that instead once the correct address had been established a new notice to owner should be served. I would like to see the PCN and evidence of contravention and be given the opportunity to pay the £40 pound fine or appeal. Therefore I make representation on the grounds of A ( depending on evidence shown ) E due to not being given the opportunity to pay the PCN at the discounted rate and F on the procedural impropriety that has cost me £80.
  4. Thank you to all who have helped me, I have sent a donation to CAG as recognition for the help provided. Following the court case on the 12th of July and tomtubby's post above I contacted the TEC who informed me that I was not required to fill out another form. On the 18th of July I received from the courts a General Form of Judgment or Order which stated: "IT IS ORDERED THAT Permission granted to Defendant to file a Statutory Declaration out of time to be filed by 31 July 2013" On the 6th of August I received from the TEC the order that the recovery order was revoked and the charge certificate and notice to owner be cancelled along with the note that the original PCN was not cancelled. Wandsworth Council have written a letter to me and this is where it gets interesting. I received their letter on the 3rd of September and yet their letter was dated the 19th of August. The letter informed me that the PCN was not invalidated and enclosed was a new notice to owner. The Notice to Owner is for £80 and gives me 28 days to pay this rate or it may rise by 50% to £120.. My understanding was that this would revert back to the PCN and that therefore I would have the opportunity to pay £40. Their Notice to Owner states that I was allowed to pay the discounted sum of £40 as shown on the PCN and that it is now too late to pay the discounted amount, all very well if you actually received the PCN in the first place. I find this whole situation rich when I have already paid £80 to my local court to have my case heard due to Wandsworth Council refusing to follow the correct procedures. I have also seen no proof from them that my car was ever issued with a PCN, I have requested this previously and on May the 13th I received communication stating that I had a ticket displayed but at the time of the PCN being issued it had expired by 6 minutes. There was a link to their photographic evidence with a pin # however I have tried in vain to access these. Given that the 28 days is up tomorrow, I have written to Wandsworth Council with the above information requesting the right to see the evidence that my car was issued with a PCN. To confirm with them that if I had the opportunity to pay the discounted rate of £40 via the PCN, how am i supposed to exercise this right if I did not have the PCN. I will also point out to them that due to their inability or willing to follow the correct procedures on a number of points I was forced into a position of making representation at my local court costing me £80. Any advice on the above or comments welcome.
  5. Court Case Update: Judge has ruled that my out of time witness statement / Stat Dec be accepted and has ordered me to fill out another Stat Dec form by the 31st of July with the reasons provided in my N2444 form and his ruling. The LA were not present and made no representations. I believe this to mean that the LA will now have to accept my out of time witness statement and the whole process should revert to the beginning giving me the opportunity to pay the original fine. I hope my understanding of this is correct. I have called the LA to inform them of the ruling and have attempted to reason with them by offering to pay the original fine, thus saving everyone concerned unnecessary waste of resources. Now waiting for them to get back to me. If it is a no, or I do not hear back I will proceed with filling out the Statutory Declaration form tomorrow.
  6. Court case is this Friday, I will provide an update after Surfer01 tomtubby, once again thank you for sharing your insights into this matter. I do feel that they should have just processed my out of time witness statement rather than reject it as they did and save all involved a lot of time and effort not to mention our courts and tax payers money. I will be using their lack of adherence to correct procedures as my defence.
  7. Hi Tomtubby - I did receive the statement of truth from Wandswroth Concil, however it did not really provide any reasons for their rejection other than listing the dates that they had sent me the escalating forms to my old address and saying that they had obtained my address from DVLA.
  8. Update I have my court date this Friday 12th June - any advice on what to prepare for the Court. I know my case, would just like to know if there are any specifics that I should be aware of when in front of the judge.
  9. I have now submitted my N244 form along with payment for £80, so am now waiting for a court date. Thank you Tomtubby for your help and to others who have posted. I will update, once I have the court date and then of course the outcome.
  10. Thank you tomtubby I did inform Wandsworth Council that I had moved, when I called them following the Bailiffs letter, however I did not give them the exact date just the fact that I had moved prior to the PCN being issued. Regarding the choice of which option to have the N244 dealt with, would it be advantageous to go with the more expensive option and have a local hearing. I think I have the correct understanding that the £80 option would be with my local county court in person where as the £45 option would be in a magistrates court in my abscence. I have noted an earlier post of yours on another thread with guidance on how to fill out the form http://www.consumeractiongroup.co.uk/forum/showthread.php?297144-Help-filling-out-the-N244-Form Any other advice on how to get this form right would be greatly appreciated.
  11. I moved Dec 2011 ( had Royal Mail, divert my post to new address for 3 months ) I have only advised DVLA recently ( not good ) Car is owned outright Car is worth roughly £7000
  12. Ok, I have spoken to a very helpful lady at Wandsworth Council ( get the feeling if it was her decision I would not be in this mess. ) She has informed me that the warrant was issued on the 5th September and that following the bailiffs tracing of my new address the warrant has been resealed for my new address. She did assure me that, they have not received the refusal letter from the TEC as of yet and that I have 14 days from that letter to file the N244 and that no action by the bailiffs can be currently taken until the 14 days is up.
  13. Have managed to get through to the TEC this morning, after an hour! I have been informed that following a review of my case by a court officer, my application for an out of time has been refused. The letter from the TEC is in the post. I was advised that my next steps are to complete the N244 form along with the appropriate fee I was also told as there is no longer an active form within the system, the bailiffs can levy on my car I asked about the details of the Warrant and it was given on the 4th September 2012, and according to the lady this was at my current address. I was surprised by this and told her that I had received no correspondance from Wandsworth Council until I notified them of my new address following receipt of the Bailiffs letter in May 13. I suspect that the lady at the TEC, may be mistaken but when pressed stuck to her guns. I will call Wandsworth Council and try to find out more details.
  14. ]I have had a response, from Wandsworth Council, it appears that my Out of Time statutory declaration was accepted by the TEC however they wish to object to this and have sent me a copy of an affidavit with their objections made to the TEC. I have copied out the letter below, leaving out any identifying parts. Dear ........ I refer to the above and the hearing in respect of your application to file an out of date Statutory Declaration. I enclose the Affidavit of the Applicant Borough in response to this application. Please acknowledge safe receipt of this document. Yours Sincerely I .... ... of Wandsworth Town Hall, Wandsworth High St, London, SW18 2PU. Make Oath and say as follows: I am employed by the London Borough of Wandsworth, the Applicant Borough, as an income and Debt Recovery Officer within the Environment and Community department. I am familiar with the proceedings issued by the Respondent against the Council. I am duly authorised to make this Statement of Truth. In so far as the facts in this statement of truth are within my knowledge the same are true, otherwise they are true to the best of my knowledge and belief and derived from my perusal of the records and facts held by the Council. These records are `now produced by me marked LC 1 a bundle of Notices sent out to the Respondent by the Applicant. On .. March 2012 @ ..:.. vehicle registration .............. was observed by Civil Enforcement Officer .... in .......... Street SW18 and the vehicle was parked in contravention 19, invalid residents permit/voucher or pay and display. An enquiry was made with the DVLA on .... April 2012 and on .... April 2012 a Notice to Owner was posted to the registered keeper, .......... ( old address ) ....... As no payment or Representations were received within the designated time period a Charge Certificate was printed on the .... May 2012. As there was no payment or correspondance received in response to the issue of the Charge Certificate on ..... June 2012 a pre-debt reminder letter was printed and posted to the appellant advising of the intent to register the outstanding penalty as a debt unless it was paid. As there was no payment or correspondance received in response to the issue of the pre debt reminder, the outstanding penalty was registered as a debt with Northampton County Court and on ..... July 2012 an Order for Recovery was printed and posted. No letters regarding this matter were returned by the Post Office, or any other party, marked 'undelivered' On ... September 2012 a Warrant of Execution was granted and referred to the Council's Bailiff for recovery. On .... May 2013 the Council received an enquiry to which a response was issued on the .... May 2013. The Council considers that the Penalty Charge Notice was issued and served correctly via the postal system and is satisfied that the Respondant was aware of the outstanding Penalty Charge Notice and that the required notices issued under the Traffic Management Act 2004 were served correctly. Whilst the Borough acknowledges the fact that the Respondent has stated that he moved residency, as you are aware it is a legal requirement that motorists ensure all vehicle documents reflects current circumstances and therefore the Council cannot be held responsible for an oversight by the Respondent. In view of this the Council respectfully requests that the Respondants application to file a Statutory Decleration out of time be refused. The above Statment of Truth is submitted is support of the Council's Objections to the acceptance of the Respondent's application to file an out of time Statutory Decleration. ........... ( signed ) June 2013
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