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Hi,

I have received a PCN back in October from Barnet council on Sunday evening 20:53.

I only stopped for about 10 minutes to go into a shop and had no idea I had to pay on Sunday evenings.

 

I kind of forgot about it and moved addresses

 

now I received a letter from Newlyn PLC that I have to pay the multiples of the original fees.

 

I never received any letter from Barnet council probably because I moved addresses.

 

By the way there was pitch dark in the street I parked and it was raining heavy so there was no way to see the parking sign.

 

Is there anything I can do?

 

I can attach some pictures.

 

Vehicle Registration Number --

Penalty Charge Notice --

Date 12/10/2014

Time 20:51

Colour Black

Was seen in YEW GROVE (5836)

Contravention 12® Parked in a residents' or shared use parking place or zone without clearly displaying either a

permit or voucher or pay and display ticket issued for that place (residents' bay)

 

Thank you

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Hi and welcome to CAG.

 

 

1st of all you need to convert the images to PDF. second since this offence was some time ago and you have moved you may still be able to fill out an out of time defence (OOT)

 

 

You offence is parking in a restricted bay not a P&D different offence. You could call the Council in the morning and ask them if they will accept a very late appeal, If not the TE7/TE9 with Northampton I believe. Since it is very late you will be given further advice in the morning when we are all up

If I have been of any help, please click on my star and leave a note to let me know, thank you.

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Hi and welcome to CAG.

 

 

1st of all you need to convert the images to PDF. second since this offence was some time ago and you have moved you may still be able to fill out an out of time defence (OOT)

 

You could call the Council in the morning and ask them if they will accept a very late appeal,

 

If not the TE7/TE9 with Northampton I believe. Since it is very late you will be given further advice in the morning when we are all up

 

MM,

 

Once a warrant has been issued there is no possibility of a local authority accepting an appeal against the ticket. Instead, the correct procedure is for the poster to file and Out of Time application with the Traffic Enforcement Centre. If accepted, Barnet would then issue a new Notice to Owner and it is that stage that the poster could either pay the ticket or appeal. But there is a problem.

 

An Out of Time witness statement may only be filed on one of four grounds...the most common of which is ground number one; being that the vehicle owner had not received the parking ticket/Notice to Owner (the second most common ground being that the vehicle owner appealed the ticket to the LA but had not received a Notice of Rejection).

 

In this particular case, the poster has not only confirmed that he had received the original parking ticket....but he has gone a little further by exhibiting copies !!!! Accordingly, he cannot with all honesty file an Out of Time on the basis that he had not received the PCN !!!!!

 

The TE9 is a Witness Statement and requires the debtor's signature to be witnessed by a solicitor so the form must be truthful.

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Thank you for the replies.

 

I am not sure what I need to do. Do I need to fill out a TE9?

 

The images I got from council website using the reference from the Newlyn letter.

 

I changed the DVLA later.

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Cany anybody reply please?

 

 

In this particular case, the poster has not only confirmed that he had received the original parking ticket....but he has gone a little further by exhibiting copies !!!! Accordingly, he cannot with all honesty file an Out of Time on the basis that he had not received the PCN !!!!!

 

Like I said I have never received the PCN. The reference number is on the Newlyn letter and I could login with that to the website along with my reg and this is how I could obtain the pictures.

 

So I would appreciate if you stopped calling me a liar.

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Cany anybody reply please?

 

 

 

Like I said I have never received the PCN. The reference number is on the Newlyn letter and I could login with that to the website along with my reg and this is how I could obtain the pictures.

 

So I would appreciate if you stopped calling me a liar.

 

Please, there is no need for such a comment.

 

My post earlier today was in response to your post where you stated the following:

 

I have received a pcn back in October from Barnet council on Sunday evening 20:53.

I only stopped for about 10 minutes to go into a shop and had no idea I had to pay on Sunday evenings.

 

I kind of forgot about it and moved addresses

 

Naturally from your post I assumed that you had received a PCN on the vehicle which you then forgot about and moved address (and therefore you would not have received the Charge Certificate or Order for Recovery as these two notices would have been sent to your previous address).

 

If you had received the PCN on the car then you would not be able to file an Out of Time witness statement.

 

If was only after I had made my post that you advised the board that in fact you had obtained the PCN details by using the reference number on the Newlyn letter. As I work all day I have not had the chance to read your reply sooner.

 

As you have now stated that you had not received the parking ticket on the car then yes...you are legally entitled to file an Out of Time witness statement in the morning. If you require assistance with completing the form, please do post back in the morning.

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1st paragraph of post 1 you says you did..........

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I think there is a bit of a confusion here. I have received the PCN on the car, yes.

 

What I have not received are the letters from the council.

 

So my question is that is there still something I can do to be able to appeal the ticket? To get to that stage?

If I could appeal then on what grounds? I believe the charge is unfair because it was Sunday night around 9PM and this is only MY opinion.

It just does not seem fair to have received a PCN that night.

 

That is all I am saying.

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You can only file an Out of Time application if you had not received the parking ticket/ Notice to Owner. The parking ticket can be either affixed to your car or, if the contravention was via CCTV...by post. This initial notice is of vital importance as it is only at this stage that you can either pay the charge or make representation/appeal the parking ticket.

 

In your case, as you had received the parking ticket on the car you were able to use this notice to take advantage of the discount period or to appeal.

 

If you wish to file an Out of Time witness statement please feel free to do so but you need to be aware that you are required to swear on oath that you had not received the parking ticket (which you have now confirmed that you did receive).

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Ok so since I got the pcn on the car at the time it happened I cannot fill out an out of time application.

Is there any other option other than paying the bailiff? Is there any way to bounce this back to the council?

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