sufferer2009/collect services

[Sufferer2009]

Hi, can someone kindly shed some light on the TE7 and TE9 forms known as 'Out of time witness statement' for a PCN debt. I called up Northampton County Court and they sent me these forms. Now wat i need to know is, who decides the outcome of the 'out of time witness statement'? Is it the Court or the local authority who are claiming the recovery through Bailiffs. And what if the outcome is decided against me of the 'out of time witness statement' does the bailiff action for the debt which is on hold at the moment because of me filling out the witness statement. Does it resume if it is unsuccessful? My second question is - Are there any lawyer firms or organisations offering free legal aid on these PCN matters? The PCN was issued on tenth of june 09 through CCTV. I've recently gone back to the very location/road there is no warning sign to suggest that there are cameras controlling single yellow line for parking or stopping. The ONLY warning is for bus lane cameras. The yellow line i stopped at was not in the bus lane. Can they issue a PCN using bus lane cameras on single yellow lines without any warning?

Help much appreciated

[Sufferer2009]

I have recently (2 days back) filled in these 2 forms and emailed them back to TEC but the mistake i have made is that i did'nt have them witnessed by a local county court/magistrates. What can now happen? I could'nt understand that if they're supposed to be witnessed by somebody. Can there be trouble for not doing that? Can i again fill in these forms and send them again by having them witnessed this time or just keep quiet?

[Sufferer2009]

I have made an error i think on filling in an "out of court witnness statement' forms. Was it supposed to be witnessed at a county court/magistrates? The forms where emailed to me 2 days ago by the court and i could'nt understand that they have to be witnessed. What could happen next? Can i fill-in the forms again and do it the proper way? Apologise for an error on my part? Please help

[Sufferer2009]

Hi Jason you now have to fill in form N244. To challenge the decision and most likely and hopefully the whole process will start all over againagain from the PCN

[MARTIN3030]

Posts merged - keep your posts together and not posted everywhere.

Edited December 19, 2009 by MARTIN3030

[Jamberson]

OK, a lot of questions/issues here, but I'll see if I can help.

 

Hi, can someone kindly shed some light on the TE7 and TE9 forms known as 'Out of time witness statement' for a PCN debt. I called up Northampton County Court and they sent me these forms. Now wat i need to know is, who decides the outcome of the 'out of time witness statement'? Is it the Court or the local authority who are claiming the recovery through Bailiffs.

 

The outcome should be decided by the local authority, but sometimes they outsource. The issue they are considering is - why are you out of time. If they don't think there's a good reason, they will simply reject the application. If they think there is good reason, then they will look at the strength of the case itself. They may still reject it.

 

If it's rejected, the N244 is a process by which you can challenge the rejection.

 

 

And what if the outcome is decided against me of the 'out of time witness statement' does the bailiff action for the debt which is on hold at the moment because of me filling out the witness statement. Does it resume if it is unsuccessful?

 

Yes, but you'll be advised of this and given a timescale (perhaps 14 days?) to pay the current amount before anything else happens.

 

 

My second question is - Are there any lawyer firms or organisations offering free legal aid on these PCN matters?

 

Not to my knowledge. There's no money in it for them. This forum is probably the best resource you'll find.

 

 

The PCN was issued on tenth of june 09 through CCTV. I've recently gone back to the very location/road there is no warning sign to suggest that there are cameras controlling single yellow line for parking or stopping. The ONLY warning is for bus lane cameras. The yellow line i stopped at was not in the bus lane. Can they issue a PCN using bus lane cameras on single yellow lines without any warning?

 

I'm afraid this is immaterial at this stage. Before you can even think about challenging the PCN, you will have to have your out of time witness statement accepted and the case reverted down - then, and only then, will you be able to contest the original charge.

 

 

I have recently (2 days back) filled in these 2 forms and emailed them back to TEC but the mistake i have made is that i did'nt have them witnessed by a local county court/magistrates. What can now happen? I could'nt understand that if they're supposed to be witnessed by somebody. Can there be trouble for not doing that? Can i again fill in these forms and send them again by having them witnessed this time or just keep quiet?

 

I think that if you made a witness statement, that does not need to be witnessed and counter signed. Only if you filed it in the form of a Statutory Declaration would that be required. If you did, and it's not witnessed, it will not be processed, so in essence you haven't filed it - so do it again ASAP!