Bus and Access Only, no PCN, no response, Enforcers by the door

[pesco]

Hi,

bit of a background. Most dates are from letters. Blue are the dates from correspondence.

 

02/07/15 - contravention occured, CCTV observed

08/07/15 - Council applied for my details to DVLA

14/07/15 - Council received the details and posted PCN

I have not received the PCN

 

24/08/2015 - Charge Certificate was sent (£90 or so)

01/09/2016 - PEC warning Letter was sent (£90 or so)

 

I opened both letters on 09/09/2015.

 

 

As I didn't remember entering any Bus Lane I drove to the place.

Once there I remembered I did enter the road when looking for a venue for my Wife's birthday.

I couldn't see any signs as there was a bunch of diggers and other road working machines parked on both sides of the road.

 

 

The sign says "Bus and Access Only".

As I went half way that road to check the pub it is access.

The pub is not accessible by any other road.

It sits bang in a middle of Bus and Access only road.

 

 

I phoned up Council stating that I never received PCN and on top of that I was within restrictions as I was accessing a venue located on that road.

 

 

Was advised to fill 2 forms (don't remember what forms).

Couple of days later I filled the forms and posted them.

Haven't heard from the Council since.

 

27/11/2015 - Council sent TE3/TE9. I honestly don't remember if I got them. Irrelevant anyway as I sent forms already.

08/01/2016 - Warrant of Control was authorised and notice sent to Enforcement Agency

 

Some time in January enforcer turns up and wants nearly £500.

I sent him away and contacted CAB.

 

 

As advised filled forms (Out of Time Witness Statement and Statutory Declaration) stating that I have not received the PCN in a first place and I did coply with restrictions as I used the read as access to the venue which is on that read.

 

Northampton refused the application.

 

Now the case is back with enforcers unless I fork out £100 (no hearing) or £255 (with hearing) and apply for review.

 

Why on Earth Northampton refused I have no idea.

When I called TEC they said that officer refused based on reply from the Council.

 

 

Looks like Council decided here even if it is a side in a case.

 

Now I have to fork out £100 or £255 to have it reviewed and still not certain of the outcome especially if has been refused before despite the fact that I had 2 valid grounds for having Out Of Time granted.

 

 

As far as my research so far any of this grounds on its own should warrant acceptance of Out of Time.

 

Please advise if there is anything else I can do.

 

Just to clarify,

 

Main problem is should I received PCN I would have appealed against it.

 

Mainly as I can't afford any extra expenses and I do watch very carefully where I drive or park.

 

Having said that if I lost the appeal I would have to pay "only" £60.

 

I definitely can not afford £500.

 

Got to think twice before forking out £100 for review and £255 is out of reach.

 

Regards

[Jamberson]

The main obstacle you face is the "out of time" issue. Before you can go anywhere with this you need to have a good reason why you didn't deal with this in the timeframes allowed - all I can glean from the above is that you just didn't read the letters when they arrived, and left it to progress. Unfortunately you can't put the clock back, but what you should have done was take this more seriously and get it dealt with and wrapped up back in August.

 

Now months have passed, people have been chasing you and fees have been added - there's no automatic right for this to just go away again. They are looking to enforce payment, and are charging you for their work. Paying more money now, without a reliable explanation of why you didn't deal with this last year seems like a long shot - although you could get lucky if the council doesn't contest. It does happen, but it's a gamble.

[Pocket Nines]

Let me guess; Hull?

 

If they sent you TE3 and TE9 that was unlawful. (and may help you).

 

Presumably your OOT was submitted on PE2 and PE3.

Many people get these wrong: You have to pre-empt the Council objection to force the hand of the TEC Court Officer.

 

Show what you sent in please + the copy of the Council objection (you should have?)

[Pocket Nines]

Is this going nowhere then?