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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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My partner and I are currently filling in a N244 form

Customer Question

My partner and I are currently filling in a N244 form for 4 PCNs, for him. I was hoping to get some advice from you.
He received 3 unknown PCNs for a parking contravention made for his car being pushed onto a double yellow line, whilst he was on holiday in December. When he got back from the holiday he had one PCN, which he appealed with the Council. This appeal was turned down and he dutifully paid the fine.
The 4th PCN was for driving in a bus lane at a later date.
He did not receive any Notice to Owner / Penalty Charge Notice for these other contraventions. Except for the single ticket left on his windscreen, which he appealed.
In October, after making a parking contravention, he was informed that there was an Order of Recovery due to 4 PCNs not being paid. We submitted an out Of Time Witness statement and this has been turned down for 2 of the OTWSs, we are still waiting for information regarding the other two.
He does not dispute the PCNs, but it wants the increased fees to be reduced, as notice of these fees were received out of time although we had full contact with the council with the appeal of that PCN. I had even spoken to someone on my partner's behalf in January to double check the decision and why it was turned down, and he said that once the fee was paid there was nothing to worry about.
My partner's drivers’ licence was up to date with the DVLA. And due to Robert’s language skills (he is not fluent in English) this has been a difficult process in trying to get information needed in time.
I was hoping you could advise us on what information to place in section 10 of the N244 form, as he wants to appeal in court with a hearing to get the warrant revoked and court fees refunded.
Thank you.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
Is this to the traffic court please?
Customer: replied 1 year ago.
Hi, yes this is to the traffic court.
Expert:  Ash replied 1 year ago.
I assume he knew nothing about it, right?
Customer: replied 1 year ago.
Hi Alex. He knew nothing about the 4 PCNs until the other parking contravention in October. That council (wimbeldon I believe) told him that there was a warrant and that he had to speak to the bailiffs. The 4 PCNs in question are from the Royal borough of Kingston council. We don't understand why their system allowed his car to be ticketed 3 times and not be linked together, he gave them his full contact details for the PCN he did receive (on his windscreen) and appealed. Please let me know if you'd like us to create a timeline for you of this situation.
Expert:  Ash replied 1 year ago.
OK - then it appears that he needs to be making a statutory declaration rather than an application to set aside. This is where he swears on oath that he knew nothing about the proceedings until recently. The only issue I see is that he knew in October and we are now in the middle of November.
It appears he has waited for some time before making this application. You need to check with the Court that it is a form N244 rather than a statutory declaration he needs to be making as there may be a different form for this.
But in box 10 he can put (either that or in the form of a witness statement) that he knew nothing about the proceeding until October, why he knew nothing about it and why he has waited until now before making the application.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
Sorry, I think you may have gotten this wrong.
Upon hearing about the warrants in October, we immediately filled Out Of Time Witness statements (TE9 & TE7 and PE3 & PE2 ) and these have been turned. So we were advised to fill in the N244 forms.
Customer: replied 1 year ago.
Actually, I would like to not use this service, how can I cancel? apologies for any inconvenience caused.
Expert:  Ash replied 1 year ago.
I would still like to help you.
So you applied already and this was rejected?
Customer: replied 1 year ago.
Thank you, ***** ***** would like to cancel my order, please.
Expert:  Ash replied 1 year ago.
No problem. Good luck and if I could ask you to contact customer services.
Alex
Customer: replied 1 year ago.
Thank you alex. All the best.
Expert:  Ash replied 1 year ago.
And you. If we can help in the future please do come back and let us know.
Alex

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