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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69531
Experience:  Over 5 years in practice
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I was issued a pcn parked in a bay marked

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I was issued a pcn for being parked in a bay marked for resident permit holders only. I hadn't put the permit on due to having to priorities the fact that the client had a bad water leak. When I managed to get the water shut of I then came back out to put the permit on, but by this time (5 minutes max) a trafic enforcement officer was in the process of issuing the ticket. I appealed the pcn via the local authorities website and received no reply. The previous owner of the van then called me some time after stating that a fine had been delivered to him for the unpaid fine. I then contacted the council again and explained the situation, I was informed that the fine is in the certificate stage and that if I wished to appeal further I will have to fill in a whiteness statement that will be sent out in 15 days. I have not received these documents. They have now sent out another letter to the provious owner for collection of the fine (now at the sum of £400) I also asked if this matter was to be heard at court and if so I'd like dates so I can make representation. How can I get this matter resolved?
Regards
Chris Toms
Submitted: 8 months ago.
Category: Law
Expert:  Jo C. replied 8 months ago.
Who is the issuer please?
Customer: replied 8 months ago.
Hackney council
Expert:  Jo C. replied 8 months ago.
Why is the previous owner still the registered keeper?
Customer: replied 8 months ago.
The dvla didn't receive the v5 for change of keeper. I have sent off for the v5 to be changed now but can take upto 8 weeks
Expert:  Jo C. replied 8 months ago.
Sorry for the delay. I lost my connection.Were the V5 forms sent off within a short time of transfer?
Customer: replied 8 months ago.
Yes they were sent off the day of the transfer in November. I was given the pcn first week of January, I spoke to the dvla in March. In March was when I re applied for the v5 to be in my name. I'm still till this date waiting for the v5 to come back in my name
Expert:  Jo C. replied 8 months ago.
Sorry for the delay. I lost my internet connection. You can always make a statutory declaration. The summary of this situation is that you submitted an appeal and then didn’t receive documentation. It is not their fault as their only obligation is to write to the registered keeper. The statutory declaration could be refused on that basis but I think a court would accept that it wasn’t your fault either. You cant do much more than submit a V5. You can’t write to every local council in the country on the off chance they might want you. If the stat dec is accepted then you can either pay at the reduced rate of appeal further. Can I clarify anything for you? Jo
Customer: replied 8 months ago.
Thanks for that, how do I make a stat declaration? I'm not even sure the matter has been or going to court but the recent document sent out was for recovery of the amount owed. Is there any way that I can take the council to court? Or will the matter of had to go to court for bailiffs to be involved for the recovery of the amount?
Expert:  Jo C. replied 8 months ago.
It will have been to the Adjudicator.You need to make an out of time stat dec explaining why you are out of time. Then make an in time one.The forms are on TEC website https://www.justice.gov.uk/courts/northampton-business-centre/traffic-enforcement-centre/statutory-declarations
Jo C., Barrister
Category: Law
Satisfied Customers: 69531
Experience: Over 5 years in practice
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