QUOTE (Bagshot @ Sun, 2 Sep 2012 - 10:19)
It isn't a trivial difference. Whereas the Witness Statement has a box for Penalty already paid, the Stat Dec does not. The Stat Dec has only three grounds and already having paid is NOT one of them!!!
Help!
Ditto! Good reminder, ta.
QUOTE (Bagshot @ Sun, 2 Sep 2012 - 10:30)
It is quiet on here at weekends. I am hoping that one of the eagles will pick this up on Monday. As I see it there a two choices.
1. Contact the council and tell them where to go. It should work but it is much less fun.
2. Instead of filing the Stat Dec that they send you, file a TE9 (Witness Statement) and see where it gets you. I have a feeling that they will have to process it.
Out of my depth. I know what I would do, but I'm me.
No, can't agree to number 2 Bags. I think submitting such a legal statement covered by entirely different legislation would be dangerous.
I have an alternative suggestion for anyone to comment on.
The Regs say, as you've said --
(2) The statutory declaration must state (as the case may be) that the person making it—
(a)did not receive the penalty charge notice in question;
(b)made representations under regulation 9 but had no response to those representations; or
©appealed to the adjudicator under regulation 14 but had no response to the appeal.I think we can bend the rules without actually going outside the law. So, yes, contact the Council but make it in writing - urgently and make sure you head this
'Representations against PCN xxxxxxxxxx.' - on the grounds - PCN paid, obviously. Do this NOW; It does not matter that it is late - because they 'may' consider late reps in law.
Then -
When the OfR arrives you can truthfully complete it for reason
(b) above.
Nice huh?