N244, notice sent to old address, daylight robbery |
N244, notice sent to old address, daylight robbery |
Wed, 15 May 2019 - 21:45
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#1
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Member Group: Members Posts: 43 Joined: 1 Oct 2018 Member No.: 100,152 |
So I am in the following situation:
on the 15th august 2018 i apparently committed the offence of being in a bus lane. i moved out of my previous residence on 7th august and into my current one on the 16th august. i informed the dvla of this change during this period(not sure exact date) and recieved an updated driving license with the new address dated 16th august. on 15th march 2019 i recieved a notice of enforcement from jbw to my current address, telling me i owed £173. this is the first I became aware any offence had been committed. i filed a statuary declaration out of time and a few days back recieved a letter from the courts and tribunals services informing me that my out of time was refused. No reason was given why and to appeal this, it is £100/£255(with judge), plus it states there is the possibility of further costs being awarded against me. I still have not recieved anything directly from the council in regards to the offence. On the letter from the courts and tribunals service it states: "the response from the local authority with regards to your out of time application should already have been served to you.", which I've not recieved(presumably they are still posting to the old address). What would be the advice given this situation? I'm intending to challenge this given I am not in the wrong, but the threat of mounting legal fees is a little daunting. I also want to understand any technicalities that could potentially be used against me. 1. If the change of address was requested on the 16th august, where do I stand as the offence was committed on the 15th? I don't know the date the notice of the offence was posted, but assuming it wasn't on the same date of the offence, should the address the notice was posted to, be the address at the date of the offence or the address at the time of posting? 2. after this initial notice, the address should have been updated and any further correspondence should have been sent to the correct address. I'm not sure what the procedure is if they don't get a reply back to the initial letter, but surely any correspondence after that should have been sent to my current address. Thanks for any help. This post has been edited by markdown: Wed, 15 May 2019 - 21:48 |
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Wed, 15 May 2019 - 21:45
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Wed, 7 Aug 2019 - 11:48
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#121
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Member Group: Members Posts: 43 Joined: 1 Oct 2018 Member No.: 100,152 |
Still nothing I'm afraid, have contacted manchester county court and they're pretty much trained to only respond if you have a case number. In my case, i am waiting for them to actually generate one.
Spoke to TEC today to see what the latest status is with them, and they are still showing as the case is with manchester county court.... In the meantime, I requested a transcript of the call I made to Manchester city council in regards to getting a copy of their objection to my out of time application, although they came back with no transcript (they don't apparently record calls), they did send the case history which contains notes from the particular operator, i'll upload this, just need to find a way of removing personal info from the pdf documents |
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Wed, 7 Aug 2019 - 12:32
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#122
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Member Group: Members Posts: 29,269 Joined: 16 Jan 2008 Member No.: 16,671 |
I feel for you mate. This is ludicrous.
I'm thinking a complaint to TEC or Manc Cty Ct. or even MoJ is warranted. They've taken your fee and not even scheduled your case, let alone heard it. -------------------- |
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Wed, 7 Aug 2019 - 12:50
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#123
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Member Group: Members Posts: 416 Joined: 4 Apr 2016 Member No.: 83,440 |
Still nothing I'm afraid, have contacted manchester county court and they're pretty much trained to only respond if you have a case number. It was a week or so ago that I had an enquiry about an N244 hearing 'in person' and the reference number that the motorist quoted when making an enquiry with the court had been the PCN number. It is worth a try as that would be the number that would have been provided on the forms when sent TEC sent the application to Manchester County Court. |
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Wed, 7 Aug 2019 - 13:16
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#124
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Member Group: Members Posts: 35,068 Joined: 2 Aug 2008 From: Woking Member No.: 21,551 |
OP, it might be worth your while re-posting the letter from TEC (4 June 2019) here so that we don't lose touch with the order, whose components are:
Your application to review the initial court officer's decision has been received in time, that the DDJ has directed that this be heard, and that under the court's case management powers this has been transferred to your local county court hearing centre (Manchester); ...who will assign a case management number, arrange a hearing date and notify you 'in due course'. OP, have you actually written to the Manchester County Court Hearing Centre with the simple question: when will you be advising me of the hearing in this case? (enclosing a copy of the letter) Or has everything been done by phone? |
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Thu, 8 Aug 2019 - 12:35
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#125
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Member Group: Members Posts: 43 Joined: 1 Oct 2018 Member No.: 100,152 |
So just to clarify, I've been unable to pay the further £155 until they have a case number against which to register the fee. I've queried this (twice) and been told the same thing, to wait until the case is registered with them and they will then get in contact with any payment requests.
I'm beginning to think this may be the wrong advice, and a payment is expected beforehand before the case is raised..... I've tried with my PCN number, as well as name & address, but nothing has showed up. All my contact with them has been via the phone, but on hcandersen's suggestion, have sent them an email with the copy of the letter attached. |
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Thu, 8 Aug 2019 - 21:39
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#126
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Member Group: Members Posts: 43 Joined: 1 Oct 2018 Member No.: 100,152 |
Case history from Manchester City Council attached.
If attachment doesn't work, a copy can be found here: https://www.docdroid.net/ZTC5jYJ/ticket-history.pdf
Attached File(s)
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