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Late N244 after Out of Time Refused


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I filed a Statutory Uut of Time Declaration using a PE2 and PE3 form but the application was refused by the Local Authority.

 

They refused referring to TE9 form (Don't understand why as I did not complete this) and cite that the Penalty Charge Notice on the form refers to a moving Traffic Offence PCN not a parking offence.

 

The Local authority also mentioned that on review of the case the council was in possession of the address supplied on the TE9 form and that the Notice to Owner was sent to that address.

 

They also provided photographic evidence of the PCN attached to a windscreen of the car.

 

The TEC mentioned in their letter that I could complete the N244 form and file it within 14 days. However it is past the 14 days and I was wondering if I could complete a late N244.

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2 questions; what was the offence- (I didn't know LAs had the power to deal with moving traffic offences apart perhaps bus lanes/box junctions) and how did the PCN end up on the windscreen if you car was moving?

 

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The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

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Edited by sailor sam

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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I filed a Statutory Uut of Time Declaration using a PE2 and PE3 form but the application was refused by the Local Authority.

 

They refused referring to TE9 form (Don't understand why as I did not complete this) and cite that the Penalty Charge Notice on the form refers to a moving Traffic Offence PCN not a parking offence.

 

The Local authority also mentioned that on review of the case the council was in possession of the address supplied on the TE9 form and that the Notice to Owner was sent to that address.

 

They also provided photographic evidence of the PCN attached to a windscreen of the car.

 

The TEC mentioned in their letter that I could complete the N244 form and file it within 14 days. However it is past the 14 days and I was wondering if I could complete a late N244.

 

Yes, you can indeed submit an N244 after 14 days and the District Judge CANNOT refuse the application if submitted late as he is limited to ONLY being able to decide whether or not the Court Officer should have allowed your Out of Time Application. He CANNOT look at any other reason and in fact, a District Judge last friday made this point very clear to a London local authority.

 

On what grounds did you file the original Out of Time Application as this could be very relevant when submitting your N244?

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