Help filling out the N244 Form

[Jamberson]

I then asked for the appeal to be sent to TAPAS

 

You're making me hungry!

 

The council had a choice over whether to accept your PE2/3, and it's the strength of the reasons you gave which should hold sway. A lot of N244 applications succeed, because the courts don't much like having councils take up their time with these matters.

 

You need to get across the reasons you gave originally for filing the PE2 late, and ask the court to accept this. You don't need to go into the PCN itself, just focus on the lateness of the application and why the council should accept it.

 

If there is a specific section of the form you want help with, can you advise which part?

[Jamberson]

The address change could be important.

 

I am not too clear on the chain of events. What should happen initially is this:

 

PCN issued to the vehicle

- you can appeal

- if you appeal you get a reply

If not cancelled or paid, a Notice to Owner is issued to the registered keeper (according to the address held by DVLA)

- you can appeal

- if you appeal you get a reply

If not cancelled or paid, you can refer to PATAS, and if you do not, a Charge Certificate is issued to the registered keeper

 

The question is, at what stage did you appeal?

 

And the other question is, at what point in this process did you move house?

[Jamberson]

OK, so your case should be based on the fact that you made a formal representation but did not receive a response.

 

The problem for you is that you appealed around Feb 2010 but did not move house until October 2010. I assume therefore that the Council was sending the notices to the correct address.

 

Your reason for filing the statutory declaration late was that you did not receive these notices - but if they were sent to the right address at the time, this could be judged either way. So I don't think the address change will help your case.

 

It's difficult to know how this one will pan out. I think the best you can do is proceed with the N244 and hope that you have a sympathetic judge at the hearing. Most of them side with the motorist, and a high proportion of N244 applications are accepted.

[Jamberson]

Don't call the bailiff just yet.

 

When your stat dec is rejected you have a period (14 days I think) to file an N244. Your last letter should state this. The Council should hold the case for that period to see if you do file an N244. If you've timed out, bailiffs can pursue but if not, the Council are wrong and you should call back and ask for a supervisor. Quote the dates on your rejection letter.

 

(In any case, once TEC have the N244 they will advise the Council and then the case will be on hold regardless - so the window is very short.)

[Jamberson]

They do not "cease" bailiff activity, but they do suspend it (the difference being that it's on temporary hold until matters are sorted). This case should be on hold. If I were you I would call again and get clarification of this. As I said, ask for a supervisor, since not all staff will be up to speed on bailiff cases.

[Jamberson]

Hi Kool,

Could you please let me know what was the outcome of your N244. as I am in same position I would like to know if its worth to fill N244?

 

thanks in advance

 

There's no point in asking, to be honest. Every case is different and will pan out differently.

 

Best thing to do is start a thread of your own, summarise what has happened so far, and you will get some advice which will hopefully help you out.