Thanks for your reply. I have drafted a reply to the NtO based on their procedural impropriety in not handing me an NtO or PCN at the scene. Is that a valid case? I want to defend this....so what I'm asking is:
Are my grounds for defense sound?
Are there any other grounds for defense I should consider / use?
Are my chances of success high?
Would I be able to recover any legal costs?
I have had no correspondence with ESCC other than that referred to above. Nothing at all!
I have seen nothing from ESCC. From the Traffic Warden telling me he wasn't going to take action on 15th Feb to getting the TE3 Order for Unpaid PCN on 7th or 8th June I had nothing. Our TE9 Statement was based on the fact that I got no NtO at the scene and the CEO was NOT prevented from doing so. At the time (Early June) I had no idea of the exact grounds of their action as I had only the Order for Unpaid Penalty Charge.
I may have assisted them inadvertantly as they sent the subsequent NtO to state: "83: Parked without clearly displaying a valid pay & display ticket"
Quite clearly this was the case. But equally clear is the fact that all NtOs / PCNs should be issued at the time.
The TE3 Order for Unpaid Penalty Charge gave a closing date of 19/06/14. Our Witness Statements were sent on the 10/06/14. I received notice from the Court dated 14/06/14 it had been received and that the order had been revoked. So it was definately within the time limit. At no time has time been pointed out as an issue.
I'm not claiming that time was an element in this. My contention is:
There has been a procedural impropriety.
The CEO was not prevented from handing the Owner a NtO or PCN.
The only reasons for allowing a NtO or PCN to not to do so is:
Camera Enforcement; CEO was prevented from handing the PCN by reason of the vehicle being driven away during the issuing process; The CEO was prevented by someone from issuing the PCN at the scene.
Since the CEO told my partner and myself that he had no intention of taking matters any further none of these things apply.
I'm not sure what you mean? I had no contact with anyone other than the Traffic Warden who told me he wasn't going to take any action. I've seen no notes or other information from ESCC until I received a new NtO issued on 14/06/14.
The only statements I have made were the TE9 Witness Statements. I have made no response as yet to the NtO issued on the 24th June, as that is what I'm working on as we speak. The time limit for that is 28 days -so 22nd July.
Is what you call the Statutary Declaration the 'Formal Representation against the PCN' ? If so..... that is what I'm trying to get together right now.
The letter I had from the Traffic Enforcement Centre Northampton (Not ESCC) was form TE3 'Order for recovery of unpaid penalty charge'.
My partner & I both sent in separate form TE9 'Witness statement'.
The Northants County Court notified me that "The Respondent filed a satutuory declaration / witness notice on 14/06. It is ordered that the order for recovery of unpaid penalty charge be revoked. It is further ordered that the charge certificate and NtO / enforcement Notice be cancelled".
The subsequent letter from ESCC said:
"You made the declaration on the basis that the NtO in respect of the above PCN was not received. In view of this the Court order has been revoked and the NtO and charge certificate have been cancelled".
The problem I had at the time was there was information contained in the TE3 as to what the alleged transgression was. Since it was unclear as to what was refered to I had to cover a 'failure to display' or unpaid parking.... or in fact anything else they could dream up! Since I quite clearly had a conversation with the traffic warden, it all seemed very unclear to me....especially as he had told me quite clearly in front of a witness that he was taking no action.
I did put that in my TE9 and it was the grounds for the Order being revoked. It's just that ESCC have issued another NtO and intend to continue with it. It is that subsequent action that I am now seeking to head off.
Thanks for that Jo,
Just a last point, are they obliged to keep a copy of the original ticket / NtO issued by the traffic Warden? Can I ask for it? Because I'd like to see the original grounds for the contravention.
Thanks very much for your help Jo.
Hopefully this will kill it.
if I were to have to take the legal aspect further, would I be able to recover costs?
Ok, Thanks very much, you've been a great help.