Help - Search - Members - Calendar
Full Version: Statutory Declaration Declined - What to do?
FightBack Forums > Queries > Council Parking Tickets & Clamping and Decriminalised Notices
Hi All!
After being literally attacked by bailiffs on the road I rang the council to find out what the problem is. They said there was one unpaid ticket and I noted down details. I remembered vaguely that times (September 2007) but filled out Statutory Out of time declaration. It was sent back to me opposed stating different details of contravention to ones I was given on the phone with council. It seems I was given wrong information by the council operator. I had two tickets at that time one of which was on a yellow line loading and the other in a resident bay letting out a passenger (sic!) I was given the ticket to hand. As I do not have any documents from that time and I was said different details I filled the declaration stating that I was letting passenger out and I got proof from the council that the van was closed on a yellow line with no one inside. Is there anything I can do about it to clear things out. There is nothing like a tel no to the court, address or anything. I don't know if I should send a letter or fill a new declaration?
Anyone with similar experience? Any idea how to handle it from here?
Any help will be greatly appreciated!
Presumably your application has not been considered since you did not fill in the correct details. That should still leave you the first (free) stage of the process to use.

No tel number or address for the court? Gee, 30 seconds turned up this:

5th floor, St Katharine's House,
21-27 St Katharine's Street,
Northampton Northamptonshire

DX 702885 Northampton 7

0845 704 5007

Phone them up and ask them for the right details and ask them how to proceed. Don't be surprised if your out of time declaration is declined. ON what grounds are you making the declaration?
Thanks Southpaw for your reply.
Well actually I don't know which one it was. I was loading on a yellow line, the second time I was letting out a passenger in a residents bay so we were both inside. One of them was paid, but I don't know which one. These are grounds to contest tickets. I appealed to the council instantly, but Did not receive any response within 2-3 months; I also did not receive NtO or anything. This made me think that the appeal was successful. I think that this is a good for the declaration. Then I moved quite unexpectedly late December and simply forgot about the whole meter.
Not receiving an NTO is a ground for making a staturoy declaration. They are accepted as a matter of routine in time but are usually rejected if made out of time. Let's see what happens with yours.
Hi and thanks again for your time. I just don't know what to do with the wrong details issue. The council person on the phone clearly gave me wrong details. Also they claim in the response sent to me sending letters to my old address. The problem is that I never received any and I even got post from there after I moved out. I'll ring the court later today and post what they say.
Did you get any paperwork/details from the bailiffs? TEC probably won't talk with you unless you have a reference number, because they are short staffed, they have a set time for speaking with "customers".
I was trying to ring Northampton court a million times today with no luck. It seems they really are short of staff.
I don't have bailiff reference number, I didn't get one. What I did was I rang the council asking what tickets I have outstanding and they told me a ticket number. I then wrote that number on the application. I now received the whole bunch of documents from the council as evidence in opposition to my application. It's a copy of the evidence sent to the TEC.
And does that evidence have the correct PCN number on it?
I don't have any documents from that time. It has the same PCN number as I wrote on the application so probably the right one to appeal. The problem is that i explained different circumstances. I wrote I was letting a passenger out and pictures sent show the van properly parked along the kerb with no one inside. This doesn't make me look good I think.
None of which has anything to do with making a statutory declaration, does it?
Do you think there is nothing to worry about? I am really concerned.
JDL, you don't seem to be listening to what you're being told. When making a statutory declaration the details of the alleged contravention don't matter - the court doesn't care whether you have a defence or not. All the court cares about is whether the correct procedure has been followed or not.

At the present time, do not concern yourself with the details of the contravention. Concentrate on getting the OfR overturned.

The first thing you have to do is find out the correct PCN number. Nobody else can do this for you so I'd get onto that if I were you.

Once you have that you can make the out of time statutory declaration.
Sorry, I'm listening yet maybe concentrating on wrong points.
As this is my first time with this thing I may ask some (lots) silly questions for which I apologize in advance:)
Since I sent the declaration and now received correspondence from the council what is the next step?
Should I sit quiet and wait for the court order or is there anything I can do to make things better?
No, you need to make a declaration in relation to the correct PCN.
This is a "lo-fi" version of our main content. To view the full version with more information, formatting and images, please click here.
Invision Power Board © 2001-2019 Invision Power Services, Inc.