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Full Version: TfL sent evidence to signatory on Statutory Declaration and not Registered Keeper
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A Statutory Declaration was recently issued because TfL ( or the Post Office) had lost the original reply to the PCN.
The case then went straight to Appeal without us having the opportunity to make any representations regarding the PCN.
TfL then served the evidence they were relying on at the forthcoming appeal to the person who swore the Statutory Declaration* ( also listing the company as well underneath albeit correctly )
This evidence was returned to TfL ( by recorded delivery) on the basis that it was not served on the correct legal entity and that they were attempting to create a liability to a natural person when it was a corporate body who were listed at the Recorded keeper and therefore liable for the PCN and they were given the opportunity to re serve the evidence to the Company. TfL have just submitted further evidence to PATAS stating that they had served the evidence correctly which we will dispute at the Appeal.

The Question is what are the rules regarding the service of Evidence to the other side and what piece of legislation contains them? as i wish to quote this in my Appeal and cannot find it anywhere.
What time do we have before the Appeal to submit our evidence? As we do not want to give TfL the chance reconsider their actions and reserve the evidence on the correct entity so we want to submit the evidence at the last minute.

On a broader note I wonder if anyone else has had a notice to a Corporate body ammended to include the person who swore the Statutory Declaration?

* for reasons of clarity it should be explained that we are a small company and a PCN is normally addressed to "The Company Secretary". Our Company Secretary is in turn another Company and therefore unable to swear a Statutory Declaration so we were forced to have a natural person swear the Statutory Declaration in their capacity as a Director of the Company Secretary, which TfL have now adopted as the lead respondant in this case by adding this persons name before the Company name. As this person is twice removed from the Registered Keeper then it is our position that the evidence is not correctly served and therefore the case cannot proceed because the Registered keeper has not been served with the evidence against them in order to consider it but we need to know what TfL's obligations are to serve evidence on the Registered Keeper before the Appeal as we cannot find reference to it. Thanks...

Is there some reason why the Director of the Company Secretary cannot or will not pass the documents on to the Registered Keeper?
QUOTE (Bagshot @ Mon, 30 Jul 2012 - 10:54) *
Is there some reason why the Director of the Company Secretary cannot or will not pass the documents on to the Registered Keeper?

theoretically not, but we are obviously arguing that it is not the place of a third party to serve the documents on behalf of TfL but that it is TfLs obligation to serve them and to do so correctly in the first place
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