Statutory Decleration out of time

[yipsf]

Hi all,

 

Does anyone know how many times you can submit the above form? I've done the N244 but have a bad feeling it'll be rejected. Another helpful forum guru suggested this and I have to agree I've been thinking about it.

 

Anyone got any comments on this?

 

Thanks

[tomtubby]

Hi all,

 

Does anyone know how many times you can submit the above form? I've done the N244 but have a bad feeling it'll be rejected. Another helpful forum guru suggested this and I have to agree I've been thinking about it.

 

Anyone got any comments on this?

 

Thanks

 

What reason did you provide on the Out of Time Declaration?

 

Had you received a bailiff visit?

 

Which local authority?

 

Have you been provided with a copy of the Statement of Truth provided to TEC by the local authority that states the reason WHY they were rejecting your application?

 

Have you paid £40 or the £75 fee to have the case reviewed by Court?

 

Do you have a Court date?

 

Sorry to be asking so many questions but they are necessary....believe me.

[yipsf]

What reason did you provide on the Out of Time Declaration?

 

Had you received a bailiff visit?

 

Which local authority?

 

Have you been provided with a copy of the Statement of Truth provided to TEC by the local authority that states the reason WHY they were rejecting your application?

 

Have you paid £40 or the £75 fee to have the case reviewed by Court?

 

Do you have a Court date?

 

Sorry to be asking so many questions but they are necessary....believe me.

 

Hi Tomtubby,

 

In answer to your questions;

Reason for Stat Dec = Never received the parking fines or any details of further action until the bailiff showed up

 

Bailiff visit = Yes, this is when I found out about the whole issue

 

LA = Lambeth Council, London

 

I received something from the TEC stating that my Stat dec's were refused (no reason except it was going back to the council)

 

Have just sent off N244 (about 2 months late!) with £75 x 2 cheques and witness statement

 

Waiting to hear if they throw out the N244 with laughter, or they actually allow me to represent myself in court!

 

Any advice would be most gratefully received.

Thanks!

 

p.s. don't apologise, thanks for taking interest!

[tomtubby]

Sorry, more questions:

 

You say that the Out of Times were rejected and that they have been sent back to the council. Can you check if this is correct the case should not have been returned to the council.

 

If you hade not received any statutory notices this is most likely because they had been sent to a previous address. It is VITAL that you know the address where all documents had been sent and this would form the basis of your N244.

 

You need to call Lambeth Parking Office on 0207 926 9000 and ask them to confirm the address that all notices had been sent.

 

If I am correct then you will need to quote from Paragraph 10.70 of the Operational Guidance to Local Authorities under the TMA 2004 ( more on this once you have responded)

[yipsf]

Sorry, more questions:

 

You say that the Out of Times were rejected and that they have been sent back to the council. Can you check if this is correct the case should not have been returned to the council.

 

If you hade not received any statutory notices this is most likely because they had been sent to a previous address. It is VITAL that you know the address where all documents had been sent and this would form the basis of your N244.

 

You need to call Lambeth Parking Office on 0207 926 9000 and ask them to confirm the address that all notices had been sent.

 

If I am correct then you will need to quote from Paragraph 10.70 of the Operational Guidance to Local Authorities under the TMA 2004 ( more on this once you have responded)

 

Hi again,

 

I think I've left the paperwork at work so I'll take a look and get back to you. But I can answer a couple of questins.

 

Lambeth are c**p, they refuse to allow me access to the paperwork they 'sent' out. I did manage to sweet talk a guy to tell me that paperwork had been sent to address that were not my current one! So it seems this is exactly what's happened. I've written to them and telephoned them and they refuse to give me access! Can I start quoting freedom of information act etc?? I actually can't even see what I originally did to incur the fines in the first place as the aparant video evidence must be out of date and I can't view on line!

 

I'll get back to you soon, thanks!

[tomtubby]

Hi again,

 

I think I've left the paperwork at work so I'll take a look and get back to you. But I can answer a couple of questins.

 

Lambeth are c**p, they refuse to allow me access to the paperwork they 'sent' out. I did manage to sweet talk a guy to tell me that paperwork had been sent to address that were not my current one! So it seems this is exactly what's happened. I've written to them and telephoned them and they refuse to give me access! Can I start quoting freedom of information act etc?? I actually can't even see what I originally did to incur the fines in the first place as the aparant video evidence must be out of date and I can't view on line!

 

I'll get back to you soon, thanks!

 

If Lambeth are refusing to assist, you will need to call TEC on 08457 045 007 and ask them for the address on the Warrant of Executions. You will need your PCN number.

 

From this inforamtion you can then amend your N244 if necessary.

[Jamberson]

I've written to them and telephoned them and they refuse to give me access! Can I start quoting freedom of information act etc??

 

These docs are covered by the Data Protection Act. The Freedom of Information Act has no relevance - if you quote it, it will just take loads of time and won't help.

 

I don't understand their attitude (I'm not sure what you mean by "they refuse to give me access"), but so long as you know that correspondence went to a different address to the one you were residing at, that's as much info as you need just now. You are entitled to a copy of the warrant and that will also show the wrong address.

 

You don't need further particulars of the PCN to go forward with your stat dec/N244.

[yipsf]

HI again,

 

Just thought i'd write to update. Well I sent the N244 in and they were not rejected. Ok TEC wrote back and requested why I'd left it so late - well postal strike did not help. I sent back the forms (registered) and just found out (now May) that they were not received and the post office still have them (gotta love Royal Mail). Luckily I have proof that I sent them.

 

I have to tell you though, I hired the expert services of John Gault and he was fantastic. I don't know the law and this really is confusing. I admit its a little expensive, but he didn't charge me per fine, just an overall fee. I've called on his help again recently regarding these fines and he not only remembers me but also was more than happy to redo the forms and advise again. I honestly can't fault his work or knowledge. He really does hate traffic wardens and anything to do with bailiffs. He honestly does have a legal background. I was extremely sceptical and was desperate. He did the work straight away and the witness statment is amazing!

 

In my eyes worth the money. Now I just have to wait for my court dates! Damn Lambeth Council!

[yipsf]

Quick update - court dates set for 7 September! LONG wait to get here but fingers crossed and I'll update! Thanks for all advice