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PCN Out of Time Declaration rejected ... is it worth appealing?
blackberryjam
post Mon, 24 Sep 2018 - 21:44
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Hi,

I'm hoping I can get some advice on whether it's worth appealing the rejection of my Out of Time Declaration and if so, should I pay the extra for a hearing with the District Judge. I've also just returned from my honeymoon and the rejection was received whilst I was away, meaning I'm outside of the 14 days to appeal. I spoke to TEC and they advised that I can appeal anyway and explain the reasons why it is late.

I had another call from Equita this morning advising they will be visiting my property this week unless I pay the fine of over £300 straight away. I would like to fight this all the way as I believe it's completely unjust (see timeline below for further details) but I can't afford to spend lots off money to register the appeal, legal advice, court costs etc if my chances of winning the appeal are slim.

18/08/17 Date of contravention for congestion charge fine

21/08/17 Moved out of the property where my car was registered. Sent Vehicle Logbook (V5C) with updated address to DVLA within days of moving out

21/08/17 Payment made online within designated period (19th and 20th August were a Saturday and Sunday). Didn’t receive an email receipt so took a screen shot of the page that advised transaction is successful.

24/08/17 PCN issued but didn’t receive it until a few weeks later when I visited my old house to collect mail.

18/09/17 Change of address actioned at DVLA. Sent Vehicle Logbook (V5C) with updated address a couple of weeks prior. Updated V5C received at new address shortly after.

19/09/17 Appealed PCN on the basis that I had paid the congestion charge on time (or thought I had), given the “transaction successful” message that was on the screenshot from 21/08/17 that I attached to the appeal. I checked my credit card statement and couldn’t find the payment coming out.

27/09/17 Additional evidence request sent out - card number used, date and time payment made etc. This was sent to my old address and therefore not received.

30/10/17 TFL rejected my appeal as additional evidence not received.

19/03/18 Equita informed TFL Congestion Charge of COA

11/07/18 First letter received from Equita advising my case is being prepared for enforcement action.

13/07/18 Contacted Equita, TFL Congestion Charge dept. and Traffic Enforcement Centre to find out what this related to. Also contacted CAB and National Debtline for advice.

18/07/18 Contacted Traffic Enforcement Centre to ensure I had correct forms to complete. they emailed me the PE2 and PE3 to complete with instructions. Also contacted Congestion Charge customer services to gather further information such as dates the letters were issued

19/07/18 Sent completed PE2 and PE3 forms by email to TEC

06/08/18 TFL letter sent advising that they remain satisfied that the enforcement of the relevant PCN is correct and have therefore challenged my out of time statutory declaration

25/08/18 Letter sent from TEC stating that my out of office statutory declaration had been rejected. No explanation for the rejection was provided. As I was out of the country for my wedding and honeymoon from 26/08/18 until 15/09/18 I did not open this letter until 17/09/18. I was therefore unable to appeal via the N244 form within the 14 days from the date the letter was served.


Thanks in advance!
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post Mon, 24 Sep 2018 - 21:44
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Neil B
post Wed, 26 Sep 2018 - 11:10
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QUOTE (blackberryjam @ Wed, 26 Sep 2018 - 10:39) *
The N244 Guidance Notes state that I need to include this exact statement in Part 3:

"I wish to apply for a review of the Court Officer’s Order" (stating reasons why)

Should the text that you kindly drafted above therefore be included in Part 3 (What order are you asking the court to make and why?), or should it be in Part 10 (What information will you be relying on, in support of your application?)?

In 3 but a single sentence, not HCA's suggested statement, that goes in 10

"I wish to apply for a review of the Court Officer’s Order" - of dd month 2018, that refused my application to
file a Statutory Declaration outside the normally permitted time.
I ask the Court to order that original application be accepted.


- is the gist, if not my best wording but it does the job.

----

You are 'respondent' btw; Council are 'applicant'.

You don't need to enclose a copy of the order you want made.

You don't answer 'time required for hearing'

I can't recall the rest and don't have time to dig out. TEC will help.

I think you need this one sworn/witnessed ? Check with TEC.


--------------------
QUOTE (DancingDad @ Fri, 11 May 2018 - 12:30) *
Neil is good at working backwards.

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blackberryjam
post Wed, 26 Sep 2018 - 14:09
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QUOTE (Neil B @ Wed, 26 Sep 2018 - 12:10) *
QUOTE (blackberryjam @ Wed, 26 Sep 2018 - 10:39) *
The N244 Guidance Notes state that I need to include this exact statement in Part 3:

"I wish to apply for a review of the Court Officer’s Order" (stating reasons why)

Should the text that you kindly drafted above therefore be included in Part 3 (What order are you asking the court to make and why?), or should it be in Part 10 (What information will you be relying on, in support of your application?)?

In 3 but a single sentence, not HCA's suggested statement, that goes in 10

"I wish to apply for a review of the Court Officer’s Order" - of dd month 2018, that refused my application to
file a Statutory Declaration outside the normally permitted time.
I ask the Court to order that original application be accepted.


- is the gist, if not my best wording but it does the job.

----

You are 'respondent' btw; Council are 'applicant'.

You don't need to enclose a copy of the order you want made.

You don't answer 'time required for hearing'

I can't recall the rest and don't have time to dig out. TEC will help.

I think you need this one sworn/witnessed ? Check with TEC.


Thanks Neil! The N244 doesn't need to be witnessed.

I've now submitted the application and will update you on the outcome. Appreciate your help and also the help of HCA!
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blackberryjam
post Tue, 23 Oct 2018 - 15:32
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Hi all,

I've just received a letter back from Northampton County Court stating the following:


IT IS ORDERED THAT

1. The application for leave to file a Statutory Declaration out of time / Witness Statement to be granted


This order has been made without a hearing under the Court's case management powers contained in the Civil Procedures Rules Part 3. You may, within 7 days of the service of this order, apply to set aside or vary the order under CPR Part 23 Rule 10. You must file with the Court, and serve on the other parties, an application that sets out your reasons for the objection. A fee is payable upon the filing of the application.

Dated - 18 October 2018



I'm currently on hold to TEC to find out what this means exactly but I wondered if anyone on here can help? As the order is dated 18 Oct I only 1 day to respond but I need to understand what it is I need to do.

Thanks
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Neil B
post Tue, 23 Oct 2018 - 15:38
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You don't need to do anything.
The judgement in your favour so TfL have the 7 days to object -- very rare and unlikely.

I've not swotted back a recap what this was all about.


--------------------
QUOTE (DancingDad @ Fri, 11 May 2018 - 12:30) *
Neil is good at working backwards.

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Neil B
post Tue, 23 Oct 2018 - 18:12
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So what happens next.

TfL are required to refer the matter to the adjudicator for directions; normally a hearing will be scheduled.

Current procedure is that, you not having received the rejection, they send a copy. I'm not forgetting they've
already done so but it normally happens at this point.
They will give you the option of appealing to the adjudicator.
You will, of course and you'll be adding the missing info below.
QUOTE (blackberryjam @ Mon, 24 Sep 2018 - 22:44) *
19/09/17 Appealed PCN on the basis that I had paid the congestion charge on time (or thought I had), given the “transaction successful” message that was on the screenshot from 21/08/17 that I attached to the appeal. I checked my credit card statement and couldn’t find the payment coming out.

27/09/17 Additional evidence request sent out - card number used, date and time payment made etc. This was sent to my old address and therefore not received.

30/10/17 TFL rejected my appeal as additional evidence not received.


Let us know when TfL make contact because this is a situation where it might be polite and constructive to first respond
direct to them with that info.

(but, when invited, don't miss the deadline for appeal)


--------------------
QUOTE (DancingDad @ Fri, 11 May 2018 - 12:30) *
Neil is good at working backwards.

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blackberryjam
post Wed, 24 Oct 2018 - 08:58
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Member No.: 100,043



Thanks very much for explaining Neil!

Great news that I have the opportunity to appeal the original PCN so appreciate your earlier advice too.



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