PCN OOT refused need help with next stage

[yabzy]

Hello, I am glad to find this forum as I am incredibly stressed out with this current dispute.

 

I first received a bailiff letter in February which is the first time I had heard of this contravention.

 

I called the council as soon as i received this letter, who informed me i had been noticed by a mobile camera unit stopped in a bus stop and that there was nothing I could do apart from now deal with the bailiffs.

 

The contravention occurred as I stopped to let a passenger put some rubbish in a bin at a bus stop, i did not stop the engine and unfortunately did not realise i was in a bus stop.

 

I did not receive any of the letters, the bailiff tracked me via ANPR.

 

I received the fine a month prior to changing my DVLA address. I moved address then moved to new accommodation fro a month, then moved to another house for 7 months then moved to a permanent address after this- then I changed the address - I moved in May and changed my address in August.

 

I sent an out of time notice via the TEC who informed me that my application had been rejected. I put on the out of time that i had not received the fine and other documents and this is why I had not paid the fine. I did not give details of my address changes.

 

I am now considering reviewing this decision in a court , if anybody could give me some advice as to the viability of my claim as I am extremely reluctant to pay £400 bailiff charges for a fine I had no idea about.

 

Further information- is that the bailiffs have sent me the warrant of execution which has my old address.

 

Thank you The letter from the TEC states that for further information consult their website - which is listed below- it isn't- does this help me?

 

Thank you

[Jamberson]

You haven't said what grounds you gave on your Out of Time, but it's not particularly important now. What you should have done is state that you were not living at that address and give some dates, proof, etc, so that they could see that you would not have received their correspondence.

 

Anyway, the last stage is an N244 application. This is a legal challenge to their decision to reject your Out of Time. You have to pay for it (about £80) but if you can prove beyond doubt that you were not living at the address the council were writing to, then you have an excelent case, and can also ask for costs to recover the application fee. You need to get an application form for an N244 if you don't have one already with your recent correspondence from them, and request a hearing in person.

 

If you succeed, then all the bailiff charges will be cancelled and you will be back with the original PCN to deal with.

 

This is more specialist stuff about the bailiff process, so you may be better off posting on the bailiff section of these forums.

 

Alternatively - FORUM MODS - can you move this thread over?

[yabzy]

Hello Jamberson

 

Thank you for your reply, just got it as I was queuing to send the N244, I have included details to show my past addresses as much as I could find, hopefully this will be enough.

 

My next problem is that the date was a sunday, because of the bank holiday weekend it won't get to them by this tie- although i have proof of postage for next day delivery sent the day before the end of the 14 day period. Even if it got to them by sunday they wouldn't be anybody there to open it until normal opening resumes on tuesday?

 

Thank you for your post as it has made me feel a little better as I'm very worried they will reject it again and then i will be potentially liable to pay all court costs plus bailiffs charges.

 

This PCN occurred as i stopped temporarily in a bus stop (didn't realise it was a bus stop) to allow my passenger to put some rubbish in the bin- lesson learnt next time throw it out of the moving window- only joking!

[Jamberson]

Yes, you're right - they won't get it until Tuesday, but I assume it is in time, and not beyond the usual deadlines/timeframes - in which case the PCN should all be on hold anyway. I hope you requested a hearing in person? If you can present the evidence to prove you would never have received their prior correspondence, you have an excellent chance of winning.

 

Keep us posted - please can I ask that you check on here before doing anything? I'm sure you know what you're doing, but a wrong move can sometimes cause problems! Better to check first.

 

Next stage should be your hearing, where you can argue your case. It's pretty informal and the court people tend to be on the motorist's side. I'm optimistic for you.

[ploddertom]

Moved to Bailiff Forum.

[tomtubby]

Have you received a copy of the local authorities response to your OTT?

 

Please note that you have 14 days form the date of SERVICE to seek file an N244. In any event you can file the N244 (to seek a review) AFTER the 14 day period but you will need to provide a reason.

 

As you have now seen, your OTT has been rejected as you had failed to provide a REASON as to why had not received all statutory notices. You can however address this on your N244

[tomtubby]

The entire subject of Out of Time Applications and N244's is completely misunderstood by so many websites and sadly only yesterday one website in question openly stated that as the notices had been delivered to a wrong address that filing an OTT will revert the PCN back to the initial stage and thereby allowing the debtor to pay at the reduced rate. This 'advice' (poor as it is) is wrong because in reality, only a small percentage of applications are accepted and those are one that are properly completed.

 

Worryingly, the same website regularly advice debtors that if an OTT has been rejected that the debtor should APPEAL THE PCN TO EITHER PATAS OR PTP!!Simply incredibly wrong advice given that once a warrant had been issued the debtor has already LOST the legal right to appeal and the ONLY way in which an appeal (either to the LA, PATAS or to PTP) may be made is if the OTT is accepted and the PCN is rewound either to NTO stage or appeal stage (depending on the box that was ticked on the TE9).