Hi everyone - looking for some advice on whether I can claim back costs for a review of a decision by TEC. Pretty confident that judge will agree I can file my statutory declaration our of time.
Here's the relevant timeline
- The Order for Recovery arrives 21 August with a date of 11 September by which I need to pay or appeal
- I fill in the TE9 form sent by the council to TEC by post.
- Post version returned - date stamped 8 Sept - saying it has been received out of time
- Call TEC who tell me that the form BCC sent has wrong date on it but not to worry, can apply out of time with TE7 and TE9
- Refile a TE7 and a TE9 by email. TE9 form from this address:
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1094491/Parking_TE9.pdf- Hear nothing
- Get Marstons after me
- Call TEC who say there was an issue which they tried to contact me about using completely different email - TE9 form is wrong version
- Fill in ANOTHER TE7 and TE9 explaining wrong form wrong email issue
- Application refused "Applicant hasn't provided an accepted proof or explanation why the statutory declaration was served late"
- Decide to bite bullet and get a review
- Call TEC for clarity on what review application should focus on
- TEC guy points out that his system says BCC registered order for recovery on 31 July. And that they have 14 days to get the Order for Recovery to me (they posted it on 21 August - I have them confirming that in their evidence) And that I then have 21 days from that 14th day to pay. Which is Sep 5th. So fact that date on form was wrong is bomb proof reason as to why statutory declaration was served late (my words, not his)
- Email BCC to see if in light of this they won't just use their discretion rather than have me pay money to have the application reviewed. Ask for them to confirm the date that they registered the debt with TEC
- No response and I need to get the N244 form in before the deadline of 21 May
So the question is: given that the cost of the review is £313 to get this heard at my nearest county court, is there a way that I can claim the costs back from the council if they are at fault? Or TEC if it turns out BCC did everything right and the date on their system is wrong? Even if it means going down the small claims route?
(And for colour: initial fine didn't arrive. when reminder did i looked online and images shown were not my car! obvs very keen to appeal so have been checking in with BCC on how and when I can do this - that have records of all the calls I made. For them to mess up with the date on the letter is super annoying...!)