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Enceladus
Posted on: Thu, 22 Nov 2018 - 19:06


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What make, model and engine size are the two vans that don't show as Euro 6? And were they new when yuo bought them? Perhaps pre-registered?

That HPI database linked above is not accurate. It's likely using the date of first registration to determine the compliance band. IE whether or not the vehicle was first registered on or after the date a given emission standard became mandatory. Trouble is that some vehicles were compliant several years prior to the mandatory date post which a mon=compliant vehicle could not be sold as new. After all who would make vehicles that might hang around for maybe 6-12 months and then couldn't be legally sold.
  Forum: The Flame Pit · Post Preview: #1436340 · Replies: 16 · Views: 688

Enceladus
Posted on: Tue, 20 Nov 2018 - 23:56


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Motability retain the original V5c for their vehicles. They will provide a photocopy on demand. However the V5c has the name & address of the Motability account holder as Registered Keeper albeit endorsed with a six digit Motability account reference.
Hence the VQ5 response from the DVLA to a VQ4 request from an Enforcement Authority for RK details returns the name & address of the Motability account holder just as it would with a private vehicle.
So all of the documents would have been directly addressed to the OP's brother (in this case) as RK. Nothing would have been sent to Motability.


  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1435821 · Replies: 20 · Views: 596

Enceladus
Posted on: Tue, 20 Nov 2018 - 22:44


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The problem you have is that the Order for Recovery gave you, or rather gave the Registered Keeper, until the 2nd September to either pay £203 to the Council or to submit a Witness Statement.

It appears you did neither. If as you mention you did not receive a Notice to Owner, which would have been sent to the name and address of the registered keeper as held by the DVLA, then why didn't you submit the WS? That would have got the process reset to the NTO stage.

Your immediate priority is to get the bailiff action frozen and reset. So now you have to come up with a good plausible reason for being late. What is it?

I can also see in your photos double yellow dashes on the kerb by the DYLs. These indicate a 24 x 7 'No Loading' restriction. The Blue Badge does not provide any exemption where a 'No Loading' restriction is in force. So your brother was never allowed to park there. That said you later posted a Google Street View that doesn't show the yellow dashes. The view you posted is from July 2012, not either of the 2018 views which do show the dashes. Why did you do that?

On this forum honest and complete disclosure of the facts is key.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1435806 · Replies: 20 · Views: 596

Enceladus
Posted on: Mon, 15 Oct 2018 - 16:28


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There is a perforating gouge across 18 & 19, so it is arguably defaced or at least damaged. I'll get it back and have a closer look. But I agree we need confirmation as to why it was issued in the first place, so that will be part of the representations. If the allegation is that the permit has been reused and/or defaced then surely code 16 should have been used?

Also it's an 'All Day' as opposed to a '24 Hour' permit. Valid until midnight on the marked date. So it shouldn't matter what time it says. It must always have been within the time.

Of course since this is a tow there are no photos on Newham's website. We'll ask for those as well.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1425431 · Replies: 15 · Views: 302

Enceladus
Posted on: Mon, 15 Oct 2018 - 14:01


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Any ideas what to do with this?
Resident permit applied and paid for 14th Sep.
Permit posted on 17th effective from the 14th.
Car was parked on Devonshire Road, E16 on the 20th.
An all zone visitor permit was displayed. Arrival time "8" and completed for 20 Sep 2018
Zone hours are 8:00am to 18:30pm, Mon-Sat.
09:38 PCN issued, code 19.
Car towed shortly after and then retrieved at pound 13:15 20/09/2018.

It's unclear why the PCN was issued? It says "8" as opposed to 8am etc as per other recent cases on this forum.
However there is also a scratch on the visitor permit on the number 19.

So reps will ask why the PCN was issued and we will request photos etc. However the CEO must have accepted that the permit was valid at some point since it's contravention 19 as opposed to the usual 16 used in Newham. Can that be used?

Disproportionate to tow a car from a resident bay for a lower rate contravention.

There is also the chargeable fax number on the rear of the PCN and on the appeal form from the pound.

To add insult to injury the permanent permit arrived in the post whilst the driver was at the pound.







  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1425387 · Replies: 15 · Views: 302

Enceladus
Posted on: Thu, 11 Oct 2018 - 20:12


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Wrong location is usually fatal for a PCN, because the allegation is that you parked your car in contravention of regulation x at location y. Hence the Council would need to show that your vehicle was parked at location y at the relevant time. Since it wasn't there, they fail.

However some folks frequently get this wrong so I would post up both sides of your PCN, just obscure the PCN number and vehicle reg, leave everything else visible. And a GSV link to the location and scans of any other correspondence you have to do with this,
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1424345 · Replies: 2 · Views: 113

Enceladus
Posted on: Thu, 11 Oct 2018 - 10:12


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QUOTE (hcandersen @ Sat, 6 Oct 2018 - 22:44) *
..........................
If you persist in pursuing me for an additional penalty, I shall submit a witness statement to the effect that the 'penalty.....has been paid'. The matter would then be referred to the adjudicator for directions and I doubt whether they would be enamoured of the authority when they see that they were misled by you in your submission which was materially false, see enclosed copy highlighted as appropriate.
..........................

The original contravention was moving traffic so a Statutory Declaration would be required. However an SD has no option for 'payment already made'.

The issue appears to be that the Adjudicator proceeded to hear the case when it had in fact been closed by the making of the £65 payment. Presumably because the Council failed to notify the Tribunal. The Adjudicator ordered £130 to be paid, so a balance due of a further £65. This wasn't paid and so a Charge Cert was issued. This should have been for £130 but was in fact for £195.

Be interesting to see what amount shows up on the Order for Recovery?

Alas I'm not sure you have any proper route to get the matter back before the Adjudicator. Your deadline for a review expired weeks ago.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1424114 · Replies: 96 · Views: 2,243

Enceladus
Posted on: Tue, 9 Oct 2018 - 11:00


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QUOTE (DancingDad @ Tue, 9 Oct 2018 - 10:37) *
My point was that bailiffs should have returned it FOC.

Assuming you had shown it was unlawfully seized ?

QUOTE (hcandersen @ Tue, 9 Oct 2018 - 10:49) *
The issue is not why you couldn't drive the car from the pound, it's why you paid.

Options were: trade plates and they drive to you; they deliver free; you pay them to deliver.

This has already been covered in post #27 above.
Newlyn don't accept that they are under any duty to return the car to where it was seized from. Merely to release it back to the OP, with a threat of £40 per day storage charges if it was not collected.

QUOTE (Bailiff Advice @ Wed, 3 Oct 2018 - 09:18) *
For those viewing this thread, I have been speaking with the OP regarding this matter and as difficult as it is to understand, Newlyn are in fact correct in their instance that the vehicle must be collected from their vehicle pound as opposed to them returning it back to where it had been removed from.

In almost all similar cases, if a 'third party' has their vehicle taken for the previous owners debt, the OP would be required to make what is a commonly referred to as an 'Interpleader' Claim (known also as a 'Part 85' claim). The reference to 85 comes from the legislation being Part 85 of the Civil Procedure Rules.

I won't go into too much detail on here about 'Part 85' claims suffice to say; that if the local authority accept the claim, (which effectively, is what has happened here)
then according the part 85 (6)(b) of CPR, 'the enforcement agent must, as soon as reasonably practical, make the goods available for collection by the claimant if they have been removed from where they were found'

https://www.justice.gov.uk/courts/procedure...-executed-goods

  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1423497 · Replies: 47 · Views: 1,841

Enceladus
Posted on: Mon, 8 Oct 2018 - 16:05


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QUOTE (Trying2BHonest @ Mon, 8 Oct 2018 - 15:29) *
Someone finally called me back. And I managed to pay. Feel so cheated.

It might be for the best. It has words on the reverse of the original PCN to the effect that if they do serve an NTO on the RK it must be responded to notwithstanding any outstanding responses to informal representations. They served the NTO and you didn't respond or pay. So bang to rights.

Where you have grounds for complaint is the admission that they mislead you as to where you stood and what action you should take. On the other hand you've effectively admitted liability and closed the case by paying up. But you didn't seem to have any other option. Not even if you had submitted an in-time Witness Statement to the TEC. And Islington can't even get that right, you have no right of appeal to the TEC, only the Adjudicator.

So I suggest that you make a formal complaint to the Council Chief Financial Officer and the Chief Executive Officer. This will be rejected, so pursue it all the way to the Local Government Ombudsman with a demand for £73 and expenses in compensation.

BTW They've also charged you the £8 court registration fee on top of the £65 discounted penalty which strikes me as excessively greedy..
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1423346 · Replies: 36 · Views: 1,237

Enceladus
Posted on: Fri, 5 Oct 2018 - 23:56


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Well I'm glad to hear you have recovered the car. That's positive progress.

Concerning the damage, "the delivery guy who works for the pound.........":
Do you mean the recovery company that you employed damaged the car?
Or do you mean that the company that originally lifted/towed the car for the bailiff damaged it?
Or do you mean the bailiff or their storage agent delivered the car back but charged you £120 and the storage agent's delivery driver damaged it?
And how do you know when or how it occurred?
Might it have been broken when you bought the car..

Have Newlyn confirmed who they were acting for?

I'm thinking that you'll have to make a complaint to the Council concerned and if necessary follow it through to the Ombudsman, to recover your expenses.
And make a parallel complaint to Newlyn. The LGO (Local Government Ombudsman) won't want to consider your case unless all other remedies have been exhausted first.

What make and model car are we talking about? Car plastic under-trays are easily broken. And they don't contain any oil. However lifting the car onto a flatbed truck is not really likely to have broken the tray.

Oil pan gaskets frequently leak as they age. As will the drain plug seal if it's reused when it should have been replaced. And numerous other possibilities higher up the engine. The best thing to do would be to get the car onto a ramp, remove the under-tray and inspect for damage. Sometimes all that's needed is to re-torque the oil-pan bolts.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1422716 · Replies: 47 · Views: 1,841

Enceladus
Posted on: Thu, 4 Oct 2018 - 00:26


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Please post up the letter (response) you had from Islington. obscure your name & address, vehicle reg and PCN number and leave everything else visible.
I imagine the letter to be a "Notice of Rejection (Of Formal Representations).
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1422039 · Replies: 36 · Views: 1,237

Enceladus
Posted on: Wed, 3 Oct 2018 - 11:56


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QUOTE (Neil B @ Wed, 3 Oct 2018 - 12:02) *
QUOTE (Slapdash @ Wed, 3 Oct 2018 - 11:59) *
QUOTE
OP the car cannot be SORN there no more, the DVLA can and will clamp it or remove it. put it on private land that is gated, and truly private.


Correct me if I am wrong but

It depends on whether it is public road. If it is not maintained at public expense it is not a public road.

If it is a public place (even though private property) it could potentially need insurance.

I said both earlier.
Got told it was irrelevant and got ignored by OP.

It's relevant in terms of where to store the car when it is returned.
It's irrelevant to the actions required to recover the vehicle from Newlyn. And to avoid the threatened storage charges.
Until the OP informs otherwise it would appear that Newlyn still have the car and it might well be hundreds of miles away.

Once the vehicle is recovered then the possibilities of complaints about the Enforcement Agents actions, due diligence etc can be considered. And how to go about recovering the trailer expenses if or when it comes to it. Hopefully Newlyn will simply return the car

  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1421813 · Replies: 47 · Views: 1,841

Enceladus
Posted on: Wed, 3 Oct 2018 - 10:01


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QUOTE (hcandersen @ Wed, 3 Oct 2018 - 09:57) *
Very useful link.

But if I may ask, surely this is predicated on there being an enforceable warrant against the owner of the vehicle in the first instance which according to the OP was not the case. They are saying that the auction house were advised that the vehicle could be sold with free title, therefore no warrant existed against the OP. Surely, no warrant is not the same as a contested warrant.

We don't know why the car was seized and sent to auction in the first place. Or the name of the Enforcement Agents.
The car was subsequently sold at auction to the OP but the new V5c is still in process.
Newlyn apparently have active warrants on behalf of a, as yet unknown, Council for unpaid penalty charges issued against the original owner. The sale at auction wouldn't have cancelled these.
Newlyn "found" the car and seized and removed it, presumably on the premise that it was still the property of the original owner. And apparently unaware that some other Enforcement Agent had got there first.

So the OP is not contesting any warrant. He is trying to recover property which is supposed to have been seized from somebody else, but where the OP is in fact the lawful owner.

However I smell a large rat. The vehicle was apparently removed immediately rather than clamped. I wonder did Newlyn and their principals recheck the RK details with the DVLA before seizing the vehicle? Since the vehicle was found elsewhere than the address on the warrants, it seems to me that the LGO would say they should have. And is it really a matter of chance that the vehicle was "found" in a carpark belonging to a block of flats where the OP's GF lives? Or perhaps Newlyn knew where to look for it?
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1421741 · Replies: 47 · Views: 1,841

Enceladus
Posted on: Tue, 2 Oct 2018 - 09:08


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Please post up te text of your representations. Let's see if there's anything in there that helps. Obscure your name and address. Also the PCN number and vehicle reg if you're bothered. Leave everything else visible.

If you mother is the RK then the appeal will need to come from her. She can write to the Tribunal and ask for you to represent her if necessary.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1421458 · Replies: 11 · Views: 314

Enceladus
Posted on: Mon, 1 Oct 2018 - 15:39


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Alas yours appears to served within time. So nothing there.

Do you have the envelope for the Notice of Rejection? Postmark date?
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1421313 · Replies: 11 · Views: 314

Enceladus
Posted on: Mon, 1 Oct 2018 - 15:33


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Did they tell you the name of the Council?
If not, I suggest you ask them again. Now they've admitted that you have good title to the car then I would imagine it's unreasonable of them to refuse to disclose their client.
It's just in case they continue to be tiresome. Your recourse to recover your expenses, if you incur any to get the car back, would be the Council as principals. And also if it comes to a complaint about the bailiff's actions.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1421310 · Replies: 47 · Views: 1,841

Enceladus
Posted on: Mon, 1 Oct 2018 - 02:04


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21st July = Date of alleged contravention.
What is the date of issue of the PCN?

Look at the the other Mare Street cases as there is plenty of examples of possible appeal points.

Three out of every four Mare St/Richmond Rd cases that are appealed to the Adjudicator are not contested by Hackney and hence are automatically allowed.
Three out of every four cases that are contested are refused and only one out of every four is allowed. Those allowed are mostly down to procedural errors on the part of Hackney.

Signage issues cut no ice with the Adjudicators.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1421133 · Replies: 11 · Views: 314

Enceladus
Posted on: Sun, 30 Sep 2018 - 11:34


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I suggest that you make contact with and seek help from Bailiff Advice Online. Make sure you have the correct website. Where ownership of the goods is in dispute you may need to go through the below process, if Newlyn do not play ball.

I for one fail to understand what relevance the VED status of the vehicle has to this, your car hasn't been towed by or on behalf of the DVLA?
Your car has apparently been towed for non-payment of parking penalties, so somehow you need to find out the name of the council. That information will have to come from Newlyn.
Of more concern is how Newlyn found the vehicle in the private carpark of your girlfriends flat? Was that the address you gave to the DVLA for the new Registered Keeper?
Longer term there may be grounds to complain about Newlyn's actions.

QUOTE
Commentary from Bailiff Advice Online:
A significant change that has been made to the regulations is the right to ‘appeal’ (object) if goods ( in particular motor vehicles) have been taken by the bailiff which are considered to be ‘exempt’. This simple, speedy and most importantly, free procedure is outlined under Section 85 of the Civil Procedure Rules and is one that we have used successfully many times. Most importantly, a Part 85 claim avoids the need for costly court injunctions etc.

If you are concerned that a vehicle may be at risk of being taken or has already been taken by a bailiff then you can email a question to us using our online Enquiry Form. Alternatively, you can contact our free helpline. Details are on our Contact page.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1421013 · Replies: 47 · Views: 1,841

Enceladus
Posted on: Thu, 27 Sep 2018 - 12:14


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As a matter of interest what was the date of the contravention?
And when did you take the picture of the angled sign?

Also I suggest that yuo the PCN number and vehicle registration into the Hackney website here.
Confirm that the PCN is actually shown as "closed". And take some screen prints.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1420121 · Replies: 9 · Views: 198

Enceladus
Posted on: Thu, 27 Sep 2018 - 00:38


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Do you mean that your Statutory Declaration has been accepted? In which case you would have received a court order from the Traffic Enforcement Centre at Northampton County Court? This probably states that the Charge Certificate and Order for Recovery are cancelled.

Or have you had a notice from the Council advising that that the PCN has been cancelled?

If the former then Council should refer your case to the Adjudicator for direction since you submitted representations and had no response. The Adjudicator would normally direct that the matter be heard as an appeal.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1419993 · Replies: 15 · Views: 689

Enceladus
Posted on: Wed, 26 Sep 2018 - 11:49


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Hackney have altered the traffic lights at the Mare Street / Richmond Road junction. They've added an illuminated no left turn light to the stanchions on the nearside corner and the traffic island. Lends further credence to the notion of inadequate signs, an argument that doesn't seem to hold any water with most of the Adjudicators.

Looks like they went live sometime in the last two weeks. Part time to match the restricted hours I imagine. Wonder what happens when BST ends?

  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1419817 · Replies: 46 · Views: 1,932

Enceladus
Posted on: Tue, 25 Sep 2018 - 01:38


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QUOTE (Mad Mick V @ Mon, 24 Sep 2018 - 17:45) *
Looks like the critical sign was turned 45 degrees in July:-

2180328653

Anybody know when the advance sign was turned?

At last some lucky person has won on vague locus.
QUOTE
Case reference 2180300246

This is an appeal against a penalty charge notice for performing a prohibited turn.

Upon reading the papers in this matter and viewing the CCTV it is in first glance difficult to understand this appeal. The Appellant and Respondent make various comments about the Appellant performing a U-Turn. Where the CCTV shows the Appellant turning left.

The appeal became more much more clear when the Appellant appeared in person. The Appellant had received a PCN which has two images on it. Neither are particularly illustrative of the locus in quo. Likewise, the PCN particularises that the contravention occurred on Mare Street (D), this is something to which I will return.

The Appellant went about appealing thinking that the contravention was said to have taken place in an entirely different place (and indeed, an entirely different type of contravention). This is why the correspondence between the Appellant and Respondent makes little sense.

The Appellant received the papers for this hearing and suddenly realised that the allegation was in a completely different location and of a different type then he had realised initially.

Indeed, the Appellant then realised that the contravention had occurred and tried to pay the discount rate, it obviously being too late to do so.

This rather illustrates the problem in this case. Mare Street (D) is not illustrative to a motorist at all. Indeed, Mare Street (D) does not appear in The Hackney (Prescribed Route and 20 MPH Speed Limit) (London Field School Street - One Way, Pedestrian And Cycle) (Bus Gate) (Banned Left Turn - Richmond Road) (Experimental) Order 2018 at all. Instead (and the clue is in the title of the TMO), the TMO specifies a prohibited turn between Mare Street and Richmond Road.

In my view, considering how long Mare Street is, that is what the PCN ought to have specified. I am not clear why the letter, 'D', was inserted in parenthesis at all.

So whilst the contravention did occur, I am not satisfied that it was properly enforced. It follows that I allow the appeal.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1419428 · Replies: 46 · Views: 1,932

Enceladus
Posted on: Mon, 24 Sep 2018 - 01:11


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QUOTE (faith_f @ Sun, 23 Sep 2018 - 23:34) *
Yes, I believe so. Their last letter was dated 17th of August, 2018. Since then, I haven't receive any other letters, nor any PCN's.
I didn't know that they've got 28 days deadline. Because this 28 are gone, does it mean I don't have to pay anything?

It's 28 days from the date the court order dated Saturday June 23rd was served on them. So the new PCN had to reach you on or before the 24th July. (Or is it the 25th?) So it's strange that they wrote to you on the 17th of august when they were already timed out.

Anyway there doesn't seem to be any valid reason why the replacement PCN, if indeed any fresh PCN has been issued and posted, should not have reached you since it would/should have been posted to your current address. As that is the address you put on the SD and OOT.

Since there apparently is no PCN to challenge I wouldn't worry about it.

Report back on this thread if you hear anything further.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1419112 · Replies: 15 · Views: 427

Enceladus
Posted on: Sun, 23 Sep 2018 - 10:50


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For the avoidance of doubt please confirm,
That the address where you now live is the address on the V5c registration doc for the car?
That the TEC order posted above is addressed to you at you at the address where you now live?
The docref date on the V5c? (At the bottom of page 2 there is an 11 digit docref number followed by a date.)
The date you moved to your new address?

Any new PCN should have gone to the address you supplied on the SD and OOT forms.

Was the cheque cashed?
And how much was it for? £130 or £195?
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1418952 · Replies: 15 · Views: 427

Enceladus
Posted on: Sun, 23 Sep 2018 - 03:59


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Why the unusual delays, I wonder?
SD submitted on May 8th.
TEC Order dated June 3rd.
Ealing Letter dated August 17th.

Did you receive an Order for Recovery? If so, please post it up.
Was it addressed to you at your current address?
Otherwise how did you know to submit an SD to the TEC?
Was there an Out of Time application submitted to the TEC with your SD?
Whose name and address did you put on the SD (and/or OOT)? You at your current address?

The original PCN would have been followed by a Charge Certificate.
Did that arrive?
And was it addressed to you at your current address?
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1418913 · Replies: 15 · Views: 427

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