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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69369
Experience:  Over 5 years in practice
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Hello, I have been trying to fight with London Borough of

Customer Question

Hello, I have been trying to fight with London Borough of Lewisham over two parking tickets. They were never attached to my car and I did not receive any papers with the photos showing what was wrong. These went straight to bailiffs.

I have sent in Form TE7 and Form TE9 for one of the parking tickets. The other ticket was refused by Lewisham Council after I sent in TE7 and TE9. I now want to take them to Court using N244 but find it hard to fill in the form.

Its more the injustice of the whole thing. The bailiffs' fees are horrific and I am an unpaid carer for my son who has a disability.

Can you tell me, is there a way out of this. I would appreciate any help I can get especially with the N244.

Many many thanks for you help.

Regards
jacqui cook
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Why was the stat dec refused?
Customer: replied 3 years ago.


Because they did not agree with my reasons stated in TE7. I told them I had not received the penalty charge notice nor the follow up papers showing the photos, etc., from the parking warden. Below is what Lewisham Council say about this matter.


 


'~A Notice to Owner sent on 07/08/12 to the registered keeper as supplied by DVLA was not responded to within 28 days therefore, a Charge Certificate issued 17/09/12 increased the amount outstanding by 50%.


 


The PCN was registered and accepted @TEC on 16/12/12 and a Witness Statement was sent on 17/12/12. A warrant requeste4d 26/11/12, authorised 27/11/12. The account was passed to bailliffs.


 


Lewisham advised by TEC Late Witness Statement filed, case on hold with bailiffs.


 


The appellant does not disclose any reasonable explanation or grounds for the significant delay in this matter nor in the filing a statement outside the relevant timescales.


 


The London Borough of Lewisham have acted within the Statutory Guidelines at all times in this matter and would request the late statement refused'.


 


This is their opposition.


 


Is this enough for you?


 


Jacqui Cook

Expert:  Jo C. replied 3 years ago.
I really need to narrow this down into relevant facts.

Surely you were out of time for a stat dec?
Customer: replied 3 years ago.

FOR JOMO 1972


 



I am not sure but I filled in the forms anyway. I did not receive the PCN nor the follow up papers as Lewisham Council said I had.


 


If I had, I would have fought it at that point, but I do not know what I fighting as I have no hardcopy evdience.


 


Does this help?


 


jacqui cook


 

Expert:  Jo C. replied 3 years ago.
Not really.

You would have been out of time to make a stat dec? It should really be a yes or no answer.

You usually have to do it within 21 days of the issue of the PCN?
Customer: replied 3 years ago.

FOR JOMO1972


 


I KNOW I WAS OUT OF TIME THAT'S WHY I PUT IN A LATE WITNESS STATEMENT.


 


HOW CAN I MAKE A STAT DEC WITHIN 21 DAYS OF RECEIVING A PCN IF I DIDN'T RECEIVE A PCN.


 


THIS IS WHY I PUT IN A LATE WITNESS STATEMENT AS WELL.


 


JACQUI COOK


 

Expert:  Jo C. replied 3 years ago.
And what did you say in the stat dec about the notice to owner?
Customer: replied 3 years ago.


FOR JOMO1972


 


I SAID I DID NOT RECEIVE THE PCN.


 


JACQUI COOK


 

Expert:  Jo C. replied 3 years ago.
Would you be able to give me the information I asked for?
Customer: replied 3 years ago.


FOR JOMO1972


 


MY APOLOGIES, I MISSED YOUR QUESTION ... STRESS.


 


MY REPLY BELOW


 


'I DID NOT RECEIVE A PENALTY NOTICE ON MY CAR ON THE DAY IN QUESTION. I DID NOT RECEIVE ANY FURTHER PAPERS FROM LEWISHAM COUNCIL SHOWING ME WHAT I HAD DONE WRONG. THE FIRST I HEARD OF IT WAS WHEN THE BAILIFFS SENT ME A LETTER.


 


I was going to see a psychiatrist on the day in question and it was stressful for me. I was not so stressed that I would not have noticed a PCN on my car. This is sloppy work by Lewisham Council and a lazy way of carrying on, trying to squeeze money out of people without first following their own guidelines.


 


I absolutely oppose this PCN. I might be stressed but I am not stupid.

Expert:  Jo C. replied 3 years ago.

Yes, so did you comment upon that in your stat dec?
Customer: replied 3 years ago.


I'M SORRY I'VE GOT PROBLEMS WITH MY SON HE'S FLIPPING OUT SO WILL HAVE TO CLOSE THIS. I WILL COME BACK TO YOU WHEN THINGS SETTLE DOWN INDOORS.


 


MANY THANKS


JACQUI COOK


 

Expert:  Jo C. replied 3 years ago.
No problem.

I will be here.
Customer: replied 3 years ago.


FOR JOMO1972


 


HELLO, SORRY ABOUT THAT, EVERYTHING IS CALM NOW SO I CAN CONCENTRATE.


 


WHAT I SAID ABOVE IS WHAT I ACTUALLY PUT IN THE APPLICATION TO FILE A STATEMENT OUT OF TIME/EXTENSION OF TIME. IS THIS WHAT YOU ARE ASKING?


 


 

Expert:  Jo C. replied 3 years ago.
Yes, this is the basis of your difficulty.

You are making an out of time stat dec and you are trying to rely on grounds relevant to an in time one which is why its been refused.

There is only one ground for an out of time stat dec and that is to explain why you are out of time. Its all very well to say that you didn't get the PCN but you haven't explained why you didn't respond to the Notice to Owner. If you had received the NTO and acted then you would have been in time.

You can appeal a refusal of an out of time stat dec to the county court and often they do allow them but you must address the criteria.

Sorry thats probably not the answer you wanted but it is the position that you have and I have a duty to give you truthful and accurate information even though its not what I want to say.

Hope this helps. Please rate my answer OK SERVICE or above and I can answer your related questions.

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