OOT Witness Statement/Statutory Declaration, LA/Council Objection Question |
OOT Witness Statement/Statutory Declaration, LA/Council Objection Question |
Wed, 25 Jul 2018 - 14:49
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#1
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Member Group: Members Posts: 221 Joined: 10 May 2017 Member No.: 91,884 |
When a LA/Council object to an OOT Witness Statement/Stat Dec are they required to provide a copy of their objection/Statement of Truth to the person submitting an OOT app?
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Wed, 25 Jul 2018 - 14:49
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Wed, 25 Jul 2018 - 18:46
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#2
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Member Group: Members Posts: 195 Joined: 4 Mar 2014 Member No.: 69,189 |
When a LA/Council object to an OOT Witness Statement/Stat Dec are they required to provide a copy of their objection/Statement of Truth to the person submitting an OOT app? Can't find any regulation or Part 75 civil procedure rule that says they must. There might be some good practice guidance suggesting they do it but if so, I doubt any failure is something that can be used to disrupt enforcement. |
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Wed, 25 Jul 2018 - 18:57
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#3
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Member Group: Members Posts: 4,126 Joined: 31 Jan 2018 Member No.: 96,238 |
My understanding is that they're not even obliged to tell the motorist that they're objecting
As a result, the bailiffs know before he does that the application is refused and have a window to restart activities before he can take precautions such as locking away his car |
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Wed, 25 Jul 2018 - 20:58
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#4
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Member Group: Members Posts: 221 Joined: 10 May 2017 Member No.: 91,884 |
Ok thanks.
This isn’t regarding an active case, but one where I ended up paying after my OOT was refused. The council have since agreed to refund what I had paid as they had actually sent the notices to the wrong address (they omitted one word), my V5C has the correct address. I only found out I made a complaint. The matter of their objection came up and the council said that it was TEC’s responsiblilty to send the motorist a copy, whereas TEC said it was the councils responsiblility. |
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Thu, 26 Jul 2018 - 14:54
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#5
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Member Group: Members Posts: 28,931 Joined: 29 Nov 2005 Member No.: 4,323 |
FOI the TEC for a copy of the latest TEC Users Guide plus the associated documents.
-------------------- Which facts in any situation or problem are “essential” and what makes them “essential”? If the “essential” facts are said to depend on the principles involved, then the whole business, all too obviously, goes right around in a circle. In the light of one principle or set of principles, one bunch of facts will be the “essential” ones; in the light of another principle or set of principles, a different bunch of facts will be “essential.” In order to settle on the right facts you first have to pick your principles, although the whole point of finding the facts was to indicate which principles apply.
Note that I am not legally qualified and any and all statements made are "Reserved". Liability for application lies with the reader. |
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Lo-Fi Version | Time is now: Thursday, 28th March 2024 - 14:16 |