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Statutory Decalartion RE: Parking ticket


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I recieved a letter and an Order for Recovery of unpaid penalty charge. I have been given the option to file a statement to the court which I intend to do.

 

After looking at the form (TE9) http://www.hmcourts-service.gov.uk/courtfinder/forms/te9_e.pdf

it gives me four options. I believe the option that I did make a representation, but have had no response to my appeal, is true in my case.

 

My question is, what can the court decide based on that fact? It's just seems their word against mine. They say I never made a representation, I say I did.

 

Should I add anything to the statement?

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If you file it in time, it will probably be accepted at face value. That means you will get another NTO and you're back in the appeals loop.

 

I would advise that you do make a statement - briefly - confirming that you made a rep and posted it to the correct address, but you have now learned that it was not received by the Council. It makes your case straight-forward and plausible.

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I would advise that you do make a statement - briefly - confirming that you made a rep and posted it to the correct address, but you have now learned that it was not received by the Council. It makes your case straight-forward and plausible.

 

Personally I would say that you made representations which were mailed as instructed but that no response was received from the Local Authority.

********************************************

Nothing in this post constitutes "advice" which I may not, in any event, be qualified to provide.

The only interpretation permitted on this post (or any others I may have made) is that this is what I would personally consider doing in the circumstances discussed. Each and every reader of this post or any other I may have made must take responsibility for forming their own view and making their own decision.

I receive an unwieldy number of private messages. I am happy to respond to messages posted on open forum but am unable to respond to private messages, seeking advice, when the substance of that message should properly be on the open forum.

Many thanks for your assistance and understanding on this.

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I think what I am trying to say is that I would not acknowledge, at this stage, knowing that the LA say the reps were not received. I cannot see that it helps and I can see that it could harm the case.

********************************************

Nothing in this post constitutes "advice" which I may not, in any event, be qualified to provide.

The only interpretation permitted on this post (or any others I may have made) is that this is what I would personally consider doing in the circumstances discussed. Each and every reader of this post or any other I may have made must take responsibility for forming their own view and making their own decision.

I receive an unwieldy number of private messages. I am happy to respond to messages posted on open forum but am unable to respond to private messages, seeking advice, when the substance of that message should properly be on the open forum.

Many thanks for your assistance and understanding on this.

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I recieved a letter and an Order for Recovery of unpaid penalty charge. I have been given the option to file a statement to the court which I intend to do.

 

After looking at the form (TE9) http://www.hmcourts-service.gov.uk/courtfinder/forms/te9_e.pdf

it gives me four options. I believe the option that I did make a representation, but have had no response to my appeal, is true in my case.

 

My question is, what can the court decide based on that fact? It's just seems their word against mine. They say I never made a representation, I say I did.

 

Should I add anything to the statement?

 

The statement you make is that you 'did not receive a resonse to your appeal' not that one was not sent. So the Council cannot possibly know if you got it or not, so it is not one persons word against anothers, you are swearing you didn't get it.

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G & M is correct, you are swearing that you had not received a response to your representation.

 

Thankfully, by submitting a TE9 on receipt of the Order for Recovery, your application will AUTOMATICALLY be accepted and the PCN reverts back to the NTO Stage.

 

Make sure that you don't delay in sending the form back as otherwise, the local authority will request permission to issue a Warrant of Execution which will then allow bailiffs to enforce the debt.

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I was under the impression that statute states the

enforcement authority should refer the matter to the adjudicator.

 

http://www.legislation.gov.uk/uksi/2008/609/regulation/15/made

 

 

2) The witness statement must state one and only one of the following—

 

(a)

that the person making it did not receive the notice to owner in question; .

(b)

that he made representations to the enforcement authority under regulation 4 of the Representations and Appeals Regulations but did not receive from that authority a notice of rejection in accordance with regulation 6 of those Regulations; .©

that he appealed to an adjudicator under regulation 7 of those Regulations against the rejection by the enforcement authority of representations made by him under regulation 4 of those Regulations but— .

(i)

he had no response to the appeal; .

(ii)

the appeal had not been determined by the time that the charge certificate had been served; or .

(iii)

the appeal was determined in his favour; or .

(d)

that he has paid the penalty charge to which the charge certificate relates. .

(3) Paragraph (4) applies where it appears to a district judge, on the application of a person on whom a charge certificate has been served, that it would be unreasonable in the circumstances of his case to insist on his serving his witness statement within the period of 21 days allowed for by paragraph (1).

 

(4) Where this paragraph applies, the district judge may allow such longer period for service of the witness statement as he considers appropriate.

 

(5) Where a witness statement is served under paragraph (1)©—

 

(a)

the order of the court shall be deemed to have been revoked; .

(b)

the charge certificate shall be deemed to have been cancelled; .

©

in the case of a statement under paragraph (2)(a), the notice to owner to which the charge certificate relates shall be deemed to have been cancelled; and .

(d)

the district judge shall serve written notice of the effect of service of the statement on the person making it and on the enforcement authority concerned. .

(6) Subject to regulation 12, service of a witness statement under paragraph (2)(a) shall not prevent the enforcement authority from serving a fresh notice to owner.

 

(7) Where a witness statement has been served under paragraph (2)(b), © or (d), the enforcement authority shall refer the case to the adjudicator who may give such directions as he considers appropriate and the parties shall comply with those directions.

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