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Out of time witness statement refused, Help appreciated on options and next steps
TimG
post Mon, 8 Jul 2019 - 12:45
Post #1


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Group: Members
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Joined: 8 Jul 2019
Member No.: 104,650



Hi all

I would appreciate any help/ advice you can offer on my next steps after out of time witness statement has been refused.

The situation is as follows:

- My wife and I bought a car in March 2018. At the time we transferred our Hackney resident's permit from our old car to the new one.
- There was an issue with Hackney council processing this change, which went on for several months. Over the course of this time we received four PCNs for parking without a valid permit. Each time we followed up with Hackney who said the issue had been resolved, which it wasn't until the last time (in June 2018 - which this PCN relates to).
- Three of the PCNs were overturned because of the error on Hackneys part. Until recently I had assumed the last had been as well.
- However, recently our car was clamped. When we rang the bailiffs they informed us it was in relation to a PCN form June 2018 and all correspondence had been sent to a flat we moved out of in March 2016 (two years before we owned the car). However, Hackney had given our current address as the address to recover the debt. The bailiff agreed not to remove the car and not to take any more action, but did not remove the clamp.
- At this stage my wife (who is the registered owner of the car) submitted TE7 and TE9 forms, as we had not received any correspondence from the TEC or bailiffs.
- The clamp was recently removed from the car
- However, last week we received a notice from the TEC stating our out of time application had been rejected.

We did appeal the PCN when it was first awarded but did not receive a response.

As far as I can see, we now have three options:

1. Request an appeal, at a cost of £100 without a hearing, or £255 with a hearing
2. Pay the charge, which is c£650
3. Wait for the car to get clamped/ removed

I have attached the "statement of truth" from Hackney, which states they randomly started posting things to our old address midway through the process. Given the other PCNs received in the same period for the same reason were overturned, this one should be as well. Even if that is not the case, I don't think I can be asked fro more than £203 as this is the amount after the last letter they set to is.

Is this what the judge will consider in any hearing or is it purely on whether the out of time should be granted?


Statement of Truth, TE7, TE9 and rejection letter here:









I would be grateful for any advice on the next steps and options I have.

Thanks

This post has been edited by TimG: Mon, 8 Jul 2019 - 12:57
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Posts in this topic
- TimG   Out of time witness statement refused   Mon, 8 Jul 2019 - 12:45
- - stamfordman   Sounds like a classic cock up which you fuelled by...   Mon, 8 Jul 2019 - 12:54
|- - TimG   QUOTE (stamfordman @ Mon, 8 Jul 2019 - 1...   Mon, 8 Jul 2019 - 13:02
- - Neil B   Your TE9 claimed you made representations. When wa...   Mon, 8 Jul 2019 - 13:16
- - TimG   QUOTE (Neil B @ Mon, 8 Jul 2019 - 14...   Mon, 8 Jul 2019 - 13:45
|- - Neil B   QUOTE (TimG @ Mon, 8 Jul 2019 - 14:4...   Mon, 8 Jul 2019 - 13:52
|- - TimG   QUOTE (Neil B @ Mon, 8 Jul 2019 - 14...   Mon, 8 Jul 2019 - 14:21
- - Neil B   For now, specifically, - What happened to the cor...   Mon, 8 Jul 2019 - 14:24
|- - TimG   QUOTE (Neil B @ Mon, 8 Jul 2019 - 15...   Mon, 8 Jul 2019 - 14:52
|- - TimG   QUOTE (Neil B @ Mon, 8 Jul 2019 - 15...   Wed, 10 Jul 2019 - 14:26
|- - cp8759   QUOTE (TimG @ Wed, 10 Jul 2019 - 15...   Wed, 10 Jul 2019 - 15:02
|- - Neil B   QUOTE (cp8759 @ Wed, 10 Jul 2019 - 16...   Wed, 10 Jul 2019 - 15:26
- - hcandersen   Taking the council's evidence as per their let...   Mon, 8 Jul 2019 - 14:51
|- - TimG   QUOTE (hcandersen @ Mon, 8 Jul 2019 - 15...   Mon, 8 Jul 2019 - 15:03
||- - Neil B   QUOTE (TimG @ Mon, 8 Jul 2019 - 16:0...   Mon, 8 Jul 2019 - 15:57
||- - Neil B   QUOTE (TimG @ Wed, 10 Jul 2019 - 15...   Wed, 10 Jul 2019 - 21:48
||- - cp8759   QUOTE (Neil B @ Wed, 10 Jul 2019 - 22...   Thu, 11 Jul 2019 - 09:26
||- - TimG   QUOTE (Neil B @ Wed, 10 Jul 2019 - 22...   Fri, 12 Jul 2019 - 10:38
|- - Neil B   QUOTE (hcandersen @ Mon, 8 Jul 2019 - 15...   Thu, 11 Jul 2019 - 13:59
|- - TimG   QUOTE (Neil B @ Thu, 11 Jul 2019 - 14...   Thu, 11 Jul 2019 - 17:46
|- - Neil B   I'll help later. Sorry busy. Did you note thi...   Fri, 12 Jul 2019 - 14:35
|- - TimG   QUOTE (Neil B @ Fri, 12 Jul 2019 - 15...   Fri, 12 Jul 2019 - 14:39
|- - Neil B   QUOTE (TimG @ Fri, 12 Jul 2019 - 15...   Fri, 12 Jul 2019 - 15:39
|- - TimG   QUOTE (Neil B @ Fri, 12 Jul 2019 - 16...   Fri, 12 Jul 2019 - 16:01
- - hcandersen   My head hurts with this account! PCN issued ...   Wed, 10 Jul 2019 - 16:21
|- - TimG   QUOTE (hcandersen @ Wed, 10 Jul 2019 - 1...   Wed, 10 Jul 2019 - 18:15
- - cp8759   Those timescales are achievable from my perspectiv...   Thu, 11 Jul 2019 - 14:26
- - Neil B   Maybe you could just proceed with what we do know ...   Fri, 12 Jul 2019 - 12:47
|- - TimG   Thanks Neil. I would appreciate some help with th...   Fri, 12 Jul 2019 - 14:08
|- - Neil B   QUOTE (TimG @ Fri, 12 Jul 2019 - 15...   Sat, 13 Jul 2019 - 21:23
|- - Neil B   Moving on. This, which you wrongly put in box 3 -...   Sun, 14 Jul 2019 - 12:11
|- - TimG   QUOTE (Neil B @ Sun, 14 Jul 2019 - 13...   Mon, 15 Jul 2019 - 10:58
|- - Neil B   To be honest, I might know the relevant issues but...   Mon, 15 Jul 2019 - 12:29
- - Neil B   I'll try and help before Monday.   Sat, 13 Jul 2019 - 11:52
- - cp8759   It's Sunday evening and as far as I can tell t...   Sun, 14 Jul 2019 - 18:41
- - cp8759   I am not overly optimistic, had we had a few days ...   Mon, 15 Jul 2019 - 14:31
|- - TimG   QUOTE (cp8759 @ Mon, 15 Jul 2019 - 15...   Mon, 15 Jul 2019 - 14:44
|- - Neil B   QUOTE (cp8759 @ Mon, 15 Jul 2019 - 15...   Mon, 15 Jul 2019 - 16:13
|- - cp8759   QUOTE (Neil B @ Mon, 15 Jul 2019 - 17...   Mon, 15 Jul 2019 - 18:47
|- - Neil B   QUOTE (cp8759 @ Mon, 15 Jul 2019 - 19...   Mon, 15 Jul 2019 - 19:14
|- - cp8759   QUOTE (Neil B @ Mon, 15 Jul 2019 - 20...   Mon, 15 Jul 2019 - 19:44
- - Neil B   You have an extensive knowledge of CPRs but, as I...   Mon, 15 Jul 2019 - 21:43
|- - cp8759   QUOTE (Neil B @ Mon, 15 Jul 2019 - 22...   Tue, 16 Jul 2019 - 11:28
|- - TimG   I am not going to pretend I have followed most of ...   Wed, 17 Jul 2019 - 11:30
|- - phantomcrusader   deleted post.   Sun, 7 Jun 2020 - 00:15
- - Neil B   Not sure why you deleted your input Phantom? As f...   Sun, 7 Jun 2020 - 09:37


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