Statutory Declaration Before OfR, Get Your Jab In First? |
Statutory Declaration Before OfR, Get Your Jab In First? |
Thu, 28 May 2020 - 17:53
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#1
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Member Group: Members Posts: 317 Joined: 20 Jun 2013 Member No.: 62,885 |
I have been trying to phone Northampton to find out what is happening regarding where I have an Order For Recovery on the way but the queue is too long. (Maybe I should call when I'm queuing to get into B&Q) so I'm looking for an email address and I have brought up the Statutory Declaration form.
Looking as the form the ONLY reference to an OFR is "You must ensure that all details above are correctly entered from the Order for Recovery of unpaid penalty charge." Otherwise there is no reference to the OfR form nor is there any field to enter anything that does not appear on the PCN or the CC. Given that I could fill it in now (which I am not going to do) what What if an SD is submitted upon receipt of a CC before an OFR is sent out if it is done properly? Has anyone ever actually done this?.... basically does it have a standing on it's own right or does it only relate specifically to an OFR? |
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Thu, 28 May 2020 - 17:53
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Thu, 28 May 2020 - 18:56
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#2
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Member Group: Members Posts: 33,610 Joined: 2 Apr 2008 From: Not in the UK Member No.: 18,483 |
IIRC, a precondition for a declaration is the an OfR has been issued.
-------------------- Moderator
Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed. |
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Thu, 28 May 2020 - 18:56
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#3
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Member Group: Members Posts: 26,655 Joined: 6 Nov 2014 Member No.: 74,048 |
Not an option until the OfR there is nothing to make the SD against When you try to step outside the process is when problems occur stick with the advise given in your thread
This post has been edited by PASTMYBEST: Thu, 28 May 2020 - 18:57 -------------------- All advice is given freely. It is given without guarantee and responsibility for its use rests with the user
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Thu, 28 May 2020 - 20:56
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#4
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Member Group: Members Posts: 23,582 Joined: 12 Feb 2013 From: London Member No.: 59,924 |
The OfR is issued by authorisation of a court (the TEC). How can you take action against something that hasn't happened.
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Thu, 28 May 2020 - 23:52
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#5
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Member Group: Members Posts: 516 Joined: 27 Sep 2008 Member No.: 22,840 |
You'd be better off explaining fully the background of what situation you are in and what paperwork you have received. The people on here will then steer you in the best direction.
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Fri, 29 May 2020 - 05:32
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#6
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Webmaster Group: Root Admin Posts: 8,205 Joined: 30 Mar 2003 From: Wokingham, UK Member No.: 2 |
You'd be better off explaining fully the background of what situation you are in and what paperwork you have received. They already have. If this thread meanders any further from a random hypothetical question then it'll get merged with that one. -------------------- Regards,
Fredd __________________________________________________________________________
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Wed, 10 Jun 2020 - 19:59
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#7
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Member Group: Members Posts: 29,265 Joined: 16 Jan 2008 Member No.: 16,671 |
SD can be filed once the debt is registered, even if an OfR has not yet been issued.
So if you really want to bother pre-empting the council by a couple of days (it's rarely more) it's a bit pointless. But calls to TEC are the only way to know, if you insist. Those calls are far more important for making sure you don't miss the OfR and you only need do so every 12 days or so. Not just pointless but potentially dangerous. Go early and it gets bounced. If you miss or don't get such notification, you will go on to miss the deadline to file. -------------------- |
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Lo-Fi Version | Time is now: Thursday, 28th March 2024 - 13:34 |