Newlyn clamped car in supermarket car park 2*Harrow Council PCN's

[ploddertom]

Ask them to provide the Rule or Regulation that allows it.

[Pepe2004]

Will do ,and secondly if they pushed letter dated 16th January 2014, how come i was clamped without notification in dec 2013, 

can i send any letter disputing this as i paid to get the clamp released at that time £500 ....

Bailiff said total was £1200 .this includes two PCNs

 

i have received another reminder now demanding me to clear the balance of £300 what is the best option

 

do i have to give them proof that he attended on a sunday ?

they have provided me with the bailiffs name ,

which i need to check but dont know how

[Surfer01]

An HPI does not tell you who owns the vehicle however it tells you if there is outstanding finance on the vehicle and other information which is of no use to a bailiff. Therefore in this case a HPI check was unnecessary and the charge should be removed.

[Pepe2004]

thank you ,

 

how dirty of them to try and charge ,yet again Newlyn are in the spotlight .

 

thanks for the advice

 

Is there any template letter to write to them ref ,clamping in dec 2013 letter dated 16th jan2014

 

Received a letter from TEC stating it was referred to the council and as the penalty was paid up they cannot do anything.

 

I had to pay to get my clamp taken off in december, with two pcn i was told by the bailiff at the time which i did not receive.

 

My point is that the bailiff clamped me in a supermarket car park ,he had not posted or handed me any formal demand for the debt £1300+ prior to this . No letters received either

 

the court may not have been aware of the payment made as i only filled out the PE2/3 Forms and sent to them .

They have asked me to fill out a N244 AND APPEAL the judges decision.

 

Any advise would be great  ,as i was challenging the original PCNS out of time.

Did i have to put that i paid half the amount in the PE2/3?

 

I am totally annoyed now of my silly mistake of paying the bailiff, but it was near christmas.

What are my options of getting my £500 back, and what should i now put on the N244 form

I shall scan the letter so all can see what reply i got

 

Before a Court Officer

Sitting at Northampton County Court

IT IS ORDERED THAT -

1. Under rule 23.8 of the Civil Procedure Rules the Court will deal with the application for leave to file a Statutory Declaration/Witness Statement out of time without a hearing because the Court does not consider a hearing at Northampton would be appropriate.

 

2,___The appllcatton for leave to file a Statutory Declaration out of time witness statement to be REJECTED. _

LONDON BOROUGH *********have notified the TEC that this Penalty Charge has been paid.

 

Note: Any party affected by this order may request a review of the decision by a District Judge 75.5 (2). Such a request must be made within 14 days of the date of service.

 

Address all communication to the Court Manager AND QUOTE THE ABOVE CLAIM NUMBER

THE COURT OFFICE AT: County Court Bulk Centre

St Katharine's House

21-27 St Katharine's Street

Northampton

NN12LH

is open from 10 am to 4pm Monday to Friday

N24 General form of judgment or order

order 22 rule 1 (1)

 

Stuck for words now as when the car was clamped in dec 2013 i had not received any formal demand etc from the bailiffs...have been instructed now to appeal in 14 days on a N244 , as the pcn was paid the TEC REJECTED THE OOT

 

i need some help as to how to now fill in the N244 i do have the receipt from money deducted via visa debit, any advise i would be grateful shall post the other letter as well

 

Your recent application to file a Statutory Declaration/Witness Statement out of time was referred to the Court Officer for a decision without a hearing under Part 75.5(1) of the Civil Procedure Rules.

 

Your application has been refused,

 

please find enclosed the order drawn by the Court Officer.

 

The response from the local authority with regards to your out of time application

should have already been served to you.

 

London Borough of ******** have confirmed that this Penalty Charqe. has been.paid in full.

 

(This was clamped by Newlyn in Dec 2013 with no FORMAL DEMAND OR VISIT TO THE RESIDENCE)

 

The Traffic Enforcement Centre (TEC) is unable to assist with any queries you may have regarding

why the application was refused.

 

Reasons are not held on court record and the Court Officer is not required to give an explanation for refusal.

 

Please be aware that any enforcement action may be reintroduced by the Local Authority pursuing you

and the TEC do not have the authority to stop such enforcement action.

 

If you wish to apply for a review of this decision,

you should complete an Application Notice form N244 which is available from our website

or from your local County Court.

 

The application should be filed with the TEC within 14 days of the date of service of the Court Officer's Order.

 

For a review by a District Judge at a hearing to be arranged at your nearest County Court,

the fee payable is £80.

 

For a review by a District Judge without a hearing, the fee payable is £45.

As this application may incur further costs being awarded against you, you

are advised to seek legal advice before proceeding.

 

Payment for the fee, made payable to HMCTS, should be sent with the N244 application to the above address.

 

If you cannot afford to pay the fee, you may be able to apply for a fee remission.

 

Information on this together with an application form is provided in booklet EX160A,

also available on the website or from your local County Court.

 

Please note a company cannot apply for a fee remission.

 

If you have any queries regarding the above, you may contact us via our helpdesk or by email.

 

Contact details are provided at the top of this letter and our website is detailed below.

For the Traffic Enforcement Centre

 

any help guys ,as i am now fretting the NEWLYN ******

[Pepe2004]

hi could anybody help as i do not know what to put on the n244 forms to reply to the TEC

They say as it is been paid they cant do anything ,as Harrow said its paid up ,however this was paid to release my car from a carpark with no notification from newlyn or any enforcement visits

 

my time to file n244 is running out quickly any advise would be appreciated

[steampowered]

Hi,

 

I'm a bit confused as this thread doesn't have all the background. In particular I can't see anything about your application for leave to file a statutory declaration out of time? What is it that you want your witness statement to say and what procedure are you trying to follow?

 

If you want help with the N244 can you please let us know who issued the PCN, what documents you have received, and what documents you sent to court already.

 

The most important thing is that you get it your N244 in on time, if that is the route you want to go down.

[Pepe2004]

filed statutory declaration for OUT OF TIME As i had not received anything with ref to the PCN ,only when my car was clamped in supermarket carpark in dec, by the bailiff to be than told i had two pcns which he gave me the numbers for .

 

I than paid £500 + to release the clamp and than filed the OOT for both pcns.

 

I got a reply in early feb saying that the TEC has refused OOT for one as this has already been paid as they have been informed by harrow council

 

my issue is having paid £500 to get the car back in dec with an outstanding balance of 700, harrow have used the 500 to clear pcn, now as i did not receive any comms from harrow ref pcn and was only made aware by the bailiff when he clamped me in dec  

 

I have to now file a n244 giving reasons ,i shall post the letter shortly which will make sense

[steampowered]

Statutory declaration for what - what document did you try to file with the court?

[Pepe2004]

it was out of time sent to TEC.

Than i got reply to submit n244 within 14days from Tec in any court ..which i havent yet.

[steampowered]

Did you file a form TE7? Refer to http://hmctsformfinder.justice.gov.uk/HMCTS/GetForms.do?court_forms_category=Traffic%20Enforcement%20Centre.

 

I'm not an expert on these things, but taking a step back I'm not sure you are following the correct procedure. It sounds like you are trying to appeal against the PCN issued by the LA being converted into a Charge Certificate through the TEC. This would be relevant if a PCN had been issued and you were trying to stop it being enforced by bailiffs.

 

I'm not actually sure this helps you in a situation where the money has already been paid. You may be better off trying to find a way to attack the underlying PCN directly or else finding some other fault with the LA's conduct and possibly issuing a county court claim for breach of statutory duty.

 

A good start would be to try and identify why you did not receive the PCN.

[Pepe2004]

Apoligies for any confusion i have posted

 

Not trying to appeal against the PCN, just saying i never received it, and i was only made aware of the pcn when the bailiff clamped the car in supermarket carpark and gave me the PCN numbers

 

,i had never received any notification or visits from bailiffs prior to this happening in dec 2013, or on the day of the clamping taking place

 

Spoke to TEC ref pcns ,advised to file OUT OF TIME using TE7 and on one PCN.(. PE2/PE3),these were sent to tec and they acknowledged receipt

 

Received letter from TEC for one being rejected as the LA stated it was paid and TEC stated file N244 if i was not happy with the decision ,this i believe as i had paid 500 to release the clamp with an outstanding 700 balance hence i logged it with TEC

 

Now i am in a situation ,paid for something i was not made aware of or no visits from bailiff took place , the only time they visited me was in mid jan this year to try and get the balance outstanding

 

hope this clarifies any confusion

 

P.S.not filed any document in court just the TE7 PE2/3

[steampowered]

Thanks for the clarification. Looks like my thoughts are correct. I'm no expert in the process for enforcement of parking tickets but I think you are following the wrong procedure - the stat declaration stuff is about stopping a PCN gonig up to the TEC for enforcement and is really aimed at the TEC. The amount you paid is now with the LA so I think you need to be pursuing them for the amount rather than pursuing the TEC. Getting the money back might be more complicated. I'll have a think and maybe someone else will have a suggestion.

[Pepe2004]

any help with a letter to the LA would be appreciated

points could include:

1 clamped without notification or being aware of PCN

2 Paid 500 to release clamp from an outstanding 1303

3 bailiff still chasing balance