Urgent Newlyn help |
Urgent Newlyn help |
Wed, 27 Nov 2019 - 15:42
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#1
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Member Group: Members Posts: 21 Joined: 27 Nov 2019 Member No.: 106,812 |
Hi all first time posting.
Looking for help please. My partner recieved a letter from a council stating 3 years ago a pcn was no paid. Ithe address was an old address and also an old car. We had moved shortly after the date stated of the pcn stated on the letter which I think led to him not receiving any notice. We have appealed through the Traffic enforcement centre and it was rejected. In the mean time we have had several letters from Newlyn about repossession of valuables. What can I do now ?? |
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Wed, 27 Nov 2019 - 15:42
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Wed, 27 Nov 2019 - 15:53
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#2
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Member Group: Members Posts: 28,687 Joined: 27 Nov 2007 Member No.: 15,642 |
You will need to review other threads, to see what information is required
I presume you sent an out of time form, but they are notoriously tricky to complete and so we would need to see what you sent. |
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Wed, 27 Nov 2019 - 16:13
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#3
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Member Group: Members Posts: 35,159 Joined: 2 Aug 2008 From: Woking Member No.: 21,551 |
OP, this is serious.
We won't get all info in one post, but let's start here: Post all of Newlyn's letters. Post TEC's most recent letter. Leave in all dates. Was your partner the registered keeper on the date of the contravention? Let's say that there are two addresses involved: A and B. Which was the registered keeper's DVLA address on the date of contravention, A or B? At which address did they live on this date, A or B? When did they move from A to B? Was the DVLA keeper register updated for address B for the car in question? When? |
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Thu, 28 Nov 2019 - 00:59
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#4
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Member Group: Members Posts: 21 Joined: 27 Nov 2019 Member No.: 106,812 |
Thank you for your replies.
He was the registered keeper at the time and the car was registered to the address he lived in at the time. I dont know exact dates but I would say roughly a month afterwards he had moved. He has since moved 3 times and also changed his vehicle. We have no problem paying the pcn but we honestly knew nothing about it. He cant recall if it was him who parked the car there or a family member or if it was displayed on the window. I had rang southend council to explain my partner was in hospital at the time we received the letter as this was the first we heard about it. I dont have copies of the out of time forms I posted them. I just explained on the that he had moved address and never recieved any notice to owner. |
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Thu, 28 Nov 2019 - 16:41
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#5
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Member Group: Members Posts: 21,017 Joined: 22 Apr 2012 Member No.: 54,455 |
First time I think we have seen actual refusal letters on this forum ! Looking at your first post, if the original PCN was for parking and served to the car, they would have requested your address from the DVLA (the V5C details) about a month later which would seem to match with your partner moving address. Did he send off his V5C for updating when he moved or at least soon after ? If so, it might be worth submitting an N244 and paying the £100 for a county court judge review.
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Thu, 28 Nov 2019 - 17:02
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#6
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Member Group: Members Posts: 29,280 Joined: 16 Jan 2008 Member No.: 16,671 |
I dont know exact dates But it's crucial. How can he not know the date of a move? There are all kinds of possible records. If he didn't make the close timing clear then the council objection is understandable. But potentially worth spending £100 if he gets a date and proof. the out of time forms I posted them. I just explained on the that he had moved address and never recieved any notice to owner. What do you mean 'you' sent and 'you' said? This post has been edited by Neil B: Thu, 28 Nov 2019 - 17:09 -------------------- |
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Thu, 28 Nov 2019 - 22:05
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#7
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Member Group: Members Posts: 21 Joined: 27 Nov 2019 Member No.: 106,812 |
Thanks again for the replies.
I say that I sent the forms etc because I did it my parent was in hospital at the time. I have managed to figure out the dates. The pcn was dated the 15th may 2016 we had moved on the 16th june 2016. My partner shortly afterwards had changed his address on the v5. I could possibly ask the estate agent would they have proof of this. Am I best then an N244 form and paying the £100. Could I claim that back? Thanks again |
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Thu, 28 Nov 2019 - 22:38
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#8
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Member Group: Members Posts: 21,017 Joined: 22 Apr 2012 Member No.: 54,455 |
Doubtful you can get the £100 back, I'm afraid. Normally with things like this you would include it in any claim for costs in a court, but you never get to a court with the decriminalised enforcement system ! However, I may be wrong so hopefully somebody will tell me whether I'm right or not.
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Fri, 29 Nov 2019 - 16:24
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#9
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Member Group: Members Posts: 29,280 Joined: 16 Jan 2008 Member No.: 16,671 |
I say that I sent the forms etc because I did it my parent was in hospital at the time. I have managed to figure out the dates. The pcn was dated the 15th may 2016 we had moved on the 16th june 2016. My partner shortly afterwards had changed his address on the v5. I could possibly ask the estate agent would they have proof of this. Am I best then an N244 form and paying the £100. We've gone from partner to parent and you're still saying "I". Only the debtor can make applications to court. If he/she wants to try they will need our help completing the N244 form. -------------------- |
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Fri, 29 Nov 2019 - 22:17
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#10
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Member Group: Members Posts: 38,007 Joined: 3 Dec 2010 Member No.: 42,618 |
Doubtful you can get the £100 back, I'm afraid. Normally with things like this you would include it in any claim for costs in a court, but you never get to a court with the decriminalised enforcement system ! However, I may be wrong so hopefully somebody will tell me whether I'm right or not. There is nothing to say that an application under Part 75 cannot include an application for costs. -------------------- If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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Sun, 1 Dec 2019 - 20:31
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#11
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Member Group: Members Posts: 21 Joined: 27 Nov 2019 Member No.: 106,812 |
It was an accident saying parent I meant partner. I say I because I had been dealing with the situation as he was recovering form sepsis. He will be completing the N244 form. Could you please help him do so?
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Mon, 2 Dec 2019 - 09:37
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#12
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Member Group: Members Posts: 35,159 Joined: 2 Aug 2008 From: Woking Member No.: 21,551 |
Not yet. We don't want a premature application as well as a poorly drafted Out of Time, do we!
TEC letter dated Sat 23 Nov, therefore presumed posted Mon 25th. Last day of 'within 14 days of service' is therefore 11 Dec. We have a few days, let's use them wisely. 1. Did your partner or whoever was driving receive a PCN on the vehicle? If so, what happened? If there's any correspondence, then let's see it. Let's not dance around these matters or be economical with the truth. A DJ would want to know whether a challenge was made and what address was used. 2. Post a copy of your OOT application and tell us when and how this was made. For example, if your OOT was made after receipt and thorough consideration by you of the council's objection and yet still TEC refused, then that's one thing. But if, as I imagine, the OOT was submitted prior to receiving the council's objection and therefore did not address the council's substantive case, then that's another because a DJ would be considering different facts and argument. This post has been edited by hcandersen: Fri, 6 Dec 2019 - 21:25 |
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Mon, 2 Dec 2019 - 13:22
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#13
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Member Group: Members Posts: 29,280 Joined: 16 Jan 2008 Member No.: 16,671 |
For example, if your OOT was made after receipt and thorough consideration by you of the council's objection and yet still TEC recused, then that's one thing. But if, as I imagine, the OOT was submitted prior to receiving the council's objection and therefore did not address the council's substantive case, then that's another Eh? How would you get an objection to OOT before filing an OOT? -------------------- |
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Mon, 2 Dec 2019 - 14:26
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#14
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Member Group: Members Posts: 29,280 Joined: 16 Jan 2008 Member No.: 16,671 |
I'm just looking at the dates on this and wondering how Newlyn are playing with
a three year old warrant? -------------------- |
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Tue, 3 Dec 2019 - 18:03
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#15
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Member Group: Members Posts: 21 Joined: 27 Nov 2019 Member No.: 106,812 |
He honestly can not recall wether or not he had gotten a pcn on the vehicle or not. I rang the council in a panic like I said my partner was in hospital they told me to send an OOT form and I did and never heard a response so i contacted them again they told me to fill it out again and respond so this time my partner was out of hospital and he filled it out and posted it and recieved the letter of refusal afterwards.
Stupidly I never kept a copy of it. |
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Tue, 3 Dec 2019 - 18:13
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#16
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Member Group: Members Posts: 29,280 Joined: 16 Jan 2008 Member No.: 16,671 |
Can I suggest you phone TEC and ask the full history of the warrant, as it is so old.
And ask if it is still live and if so how. -------------------- |
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Wed, 4 Dec 2019 - 13:33
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#17
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Member Group: Members Posts: 21 Joined: 27 Nov 2019 Member No.: 106,812 |
I will get my partner to ring the TEC and ask.
When I did contact them (when my partner was in hospital) they told me to email Newlyn and explain the situation and that we were appealing the pcn. So I did and they replied that i needed to update them on asap and have since been receiving notice of enforcement letters from them. |
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Fri, 6 Dec 2019 - 20:00
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#18
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Member Group: Members Posts: 21 Joined: 27 Nov 2019 Member No.: 106,812 |
He had spoken with TEC and they said because it had been refused they cant speak anymore on the matter he would have to ring the council. Again he had gotten to call the council they were closed so he will call them on Monday.
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Tue, 10 Dec 2019 - 10:03
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#19
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Member Group: Members Posts: 21 Joined: 27 Nov 2019 Member No.: 106,812 |
So he has spoken with southend Council they have said yes it is still live. What do we do now?
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Tue, 10 Dec 2019 - 14:39
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#20
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Member Group: Members Posts: 29,280 Joined: 16 Jan 2008 Member No.: 16,671 |
TEC not talking to you is ridiculous but some are not well trained.
I still can't see how a warrant that old is still valid. If you want to pay £100 to proceed with an N244 application - Have you got the form yet? It must be filed tomorrow latest. Start by listing here the main points you think should be raised. -------------------- |
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