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pebblecomber

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About pebblecomber

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  1. Thank you kindly for your reply. So, to clarify, I submit my OOT with evidence as per what I wrote above, wait for them to approve or reject it? What happens next? Wow, that sounds like a big situation indeed! RE: the challenge/appeal/whatever they're actually calling it, there was an option to view evidence and "appeal the contravention" on Barnet Council's website when I viewed the PCN. I opted for the latter (including my new address as you know). So here they are either saying that they received a "challenge" and simultaneously saying they never received an "appeal" – or they are saying they received an initial challenge, replied (to the wrong address) and received no further appeals (impossible as I'd moved addresses and informed them). By using the word "never", one would assume the former. I challenged the PCN within the timeframe stated using the appropriate channel and using that channel to inform of the change of address – I really don't understand this! We received your challenge but "never received an appeal in respect of this PCN"* - WHAT? Furthermore, the use of challenge and appeal on their website at the time of challenging the PCN appears to be interchangeable, if they are attempting to insinuate that a "challenge" is unsatisfactory and an "appeal" isn't. Beyond confused, and irritated!
  2. Hi Bailiff Advice, Just wondering if the above is the correct thing to write RE: PE2 or whether I should be submitting something else? Thanks so much and hope you've had a good weekend. Best Wishes.
  3. Hi Bailiff Advice and everybody, So can you please advise if this is an acceptable OOT PE2 to send? Please forgive any naivety or stupidity on my part as this terrain is new to me. Thank you so much for your help. "Dear Sir/Madam, I have been unable to submit a statutory declaration in the normal time allowed because I did not receive a rejection notice and was unaware the PCN appeal had not been accepted until 31/07/2018 when bailiffs removed my vehicle. I made representations about PCN xxxxxx within the 28 days of the penalty charge notice (on 11/10/2017), notifying Barnet Council of a new address, but did not receive a rejection notice. I made the representation after moving house from xxxxxxx to xxxxxxx on 30/09/2017. I have attached my tenancy agreement as evidence. I also updated my driving licence with my change of address with the DVLA on 4/10/2017 shortly after moving. I have attached the updated driving licence as evidence. Barnet Council confirmed via telephone on 01/08/2018 that they received my updated address on the representation on 12/11/2017 and received an enquiry email – also with the updated address – on 28/11/2017 but unfortunately all relevant statutory documents regarding this PCN were issued and delivered to my previous address. I have attached my enquiry email and a recording of the telephone call as evidence. Had the rejection notice – or any other correspondence regarding this matter – been sent to my current address I would have accepted the rejection of the appeal and not hesitated to pay the balance requested in a timely fashion. On the 09/08/2018 I paid the sum of £803 to Marston Holdings to recover my vehicle as I use it daily for activities relating to work. I wish to be reimbursed for all bailiffs fees and travel costs for the days I did not have my car in my possession, as all fair and reasonable measures were made by myself to inform Barnet Council of my new address and settle the PCN and Barnet Council, possessing this information, did not communicate adequately regarding this matter. I look forward to the opportunity of addressing and settling this matter of the original PCN. I politely request this time and consideration on the grounds that my original representation included the new address of xxxxxxxxx, that I did not receive a rejection notice and was unaware of this situation until 31/07/2018. I enclose copies of my tenancy agreement, driving licence, v5c logbook, telephone recording and emails. Thank you kindly, " Furthermore, I received a letter today from Barnet council reading: "Thank you for your letter, which was received by the Council on 31/07/2018. Please be advised that on 14/08/2018 we received payment for the PCN; this was accepted as full and final settlement of the case and it is now considered closed. Please be aware that when you pay for the PCN this is an acceptance of liability and as such the case will remain paid and closed. "With regards to your query, I would advise that we have never received an appeal in respect of this PCN. I can confirm that on 12/10/2017 we received an email from you challenging the PCN. On 14/11/2017 we sent our response, in the form of a Notice of Rejection." So very interesting that they are now capable of sending letters to my current address! Please advise next steps. I've paid £800 for the car's return and, given Barnet council's behaviour, do NOT consider the matter closed my end.
  4. Hello! So I have confirmation from Barnet council that (as aforementioned) they received the updated address, twice, and that the rejection notice was sent to the old address. I shall revise my proposed PE2 form and post it here. In other news, I've paid out for the car. A little dirtier than when it left me and a slight bend of metal on the wheel arch.
  5. Thank you so much for taking the time to find and post that. I will call them back and get a why from them to add to the OOT. I hope I don't have to go through the OOT getting rejected to have it all sorted! Such bloomi' hassle!
  6. Thank you, Bailiff Advice. It looks like it! I did inform them that they received the address twice, logged it on the system and yet no documentation was sent there. Didn't quite have the parlance/knowledge to say anything about National Standards over the phone though! Thanks, I look forward to hearing back from you.
  7. Thanks so much for this. I've just got off the phone with Barnet Council (and recorded the call) and they updated my address (to my current address) at the time of the appeal (12/10/2017) but no letters were sent to it. They also did receive my enquiry email on 26/11/2017 (which also reminded them of my updated address). I'm guessing this leaves me in quite a strong position regarding my OOT now?
  8. Beyond getting confirmation of the appeal with the new address on it being received by Barnet Council and adding that to the OOt, is the OOT looking good or does more need adding to it? Or altering?
  9. Thank you kindly for being helpful. Is there anything to watch out for in terms of paying it? I believe I've seen stories on the forum about people being asked to sign something that later waives their rights to recover money and/or to refuse signature or sign with "declined". Don't know if that's super rare or something?
  10. Thank you kindly for your response, Bailiff advice. Right, I thought I would have to pay out for legal costs to recover it. The best option, then, might be to pay the fee and simultaneously file the PE2 and PE3. If it's successful, I can reclaim the costs? Is that an option?
  11. Good point. I did get through to them in the end (by just pressing yes to a department that had nothing to do with it and getting transferred as all the motor options just refer you to other automated voicemails) but didn't ask that. I will give it a try. I have no idea if they received the representation or subsequent emails and will have to ask them. I did find it odd (yet unsurprising) that they are hell-bent on you emailing them yet the times I emailed them requesting updates on the appeals and reminding them of my change of address, I received no reply. Had I done, this perhaps wouldn't have gone this far!
  12. Hi everybody. Love this forum and thank you so much in advance for any help. I've tried my best to dig deep here and elsewhere as to make this as easy as possible for you to advise on. A bailiff took my car this morning for an unpaid moving traffic PCN with an overall fee of £513 for release. The PCN was sent to my old address days before I moved house. I appealed from the new address (putting my new address on the form) and followed up via email (again informing of my new address) to ask the status of the appeal and received no correspondence. I updated my driving licence with the DVLA days after the move but – as seems common on this forum – not my V5C (which I have done now just two weeks ago but not at the time of the PCN or subsequent appeal in October 2017). I have downloaded the PE2 and PE3 forms to take to Barnet County Court tomorrow morning (I booked an appointment for 10am) to have witnessed and then sent to TEC. I would love any feedback on the below proposed PE2 statement for "reasons" and also any insight as to what might happen next. Does it look all right? I was half tempted to pay the £513 as I use the car a lot and it is of great inconvenience and obviously I wouldn't like it sold. I gather regaining the funds (if I'm entitled to them and if the appeal is successful) is quite lengthy. Any idea how long it might take to regain the vehicle with the PE2 and PE3 process? Do you think it likely the PE2 reasons are satisfactory or do I not really have a case and should just pay up? Thanks so much for taking the time to read this and for your help! "Dear Sir/Madam, I have been unable to submit a statutory declaration in the normal time allowed because I did not receive a rejection notice and was unaware the PCN appeal had not been accepted until 31/07/2018 when bailiffs removed my vehicle. I made representations about PCN xxxxxx within the 28 days of the penalty charge notice (on 11/10/2017) but did not receive a rejection notice. I made the representation after moving house from xxxxxxx to xxxxxxx on 30/09/2017. I have attached my tenancy agreement as evidence. On my appeal document I stated my new address (xxxxxxxx). I also updated my driving licence with my change of address with the DVLA on 4/10/2017 shortly after moving. I have attached the updated driving licence as evidence. Additionally, I contacted Barnet council twice requesting an update on the appeal and informing them of my change of address (I have attached screenshots of these emails). Unfortunately, it seems that the relevant statutory documents were issued and delivered to my previous address. Had I received a rejection notice – or any other correspondence regarding this matter – I would have accepted the rejection of the appeal and not hesitated to pay the balance requested in a timely fashion. I look forward to the opportunity of addressing and settling this matter of the original PCN. I politely request this time and consideration on the grounds that my original representation included the new address of xxxxxxxxx, that I did not receive a rejection notice and was unaware of this situation until 31/07/2018. I enclose copies of my tenancy agreement, driving licence, v5c logbook and emails. Thank you kindly, "
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