Author Topic: County court judgement but no letters - Bailiff  (Read 2246 times)

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Re: County court judgement but no letters - Bailiff
« Reply #30 on: »
What date did you email your SD to the TEC? And what time is the TEC's acknowledgement receipt?

A missing revoking order from the TEC is not too surprising. Since Covid struck they seem to suffer delays in getting letters printed and into the post. Sometimes weeks rather than days. Before Covid letters were usually posted 1-2 days after printing. But it should eventually arrive.

The TEC will use whatever address you put on the PE3 declaration form. They will have informed TFL of the SD and the address on it, in theory electronically and on the same day if they received your declaration before 4pm on a working day. TFL would/should have updated the address if the one from the TEC is different.

The TFL log says a PCN was "batched" on the 23rd Sep. So we can expect that it was actually posted on the 25th Sep. I would imagine that it should have arrived yesterday or today.

I suppose it's also possible that the TEC haven't actually processed your SD and issued the revoking order as yet. TFL might have jumped the gun and anticipated that the TEC will do so and put the batched PCN into some sort of hold/pending queue. But batched (a data processing term) in this case usually means print PCN and post.

Is there anything unusual about your address? EG a sub-division of a larger property like 123, 123A, 123B etc. Or maybe no property number at all, just a name? Or two properties combined into one? Anything at all?
« Last Edit: September 28, 2023, 10:50:33 am by Enceladus »

Re: County court judgement but no letters - Bailiff
« Reply #31 on: »
OK so update on PCN YJ58264268 I have just received a letter from TFL confirming my TEC appeal and they have sent the PCN that is dated 23 September. I went online and paid the original amount of £90 so that one is done. Hopefully I have attached a scan of the letters. Thanks for your help so far and now I have to overcome the PCN GX06778756.


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Re: County court judgement but no letters - Bailiff
« Reply #32 on: »
Further update this time on GX06778756.

I have just received this email from TEC.

Good afternoon,

Your Penalty Charge Number (PCN) is:  GX06778756

We can’t process your form as they haven’t been completed properly.

Why we couldn’t process your form:

● Your Statutory Declaration has been received outside the timescale allowed. Please complete the enclosed PE2 Application to file a Statutory Declaration ‘Out of Time’ form and return both forms together - this form should not be used to give reasons for contesting the original penalty charge.

Please read the guidance notes carefully, as your forms cannot be accepted unless they are valid.


Please note that if you add any further information to your form(s) after they have been returned to you, your form(s) must be re-witnessed. This is to swear that the new information you have written is true. Your form(s) will be returned to you if this is not complied with.

We do not keep invalid applications. Please return all appeal forms together, along with any supporting documents/evidence.

Re: County court judgement but no letters - Bailiff
« Reply #33 on: »
I now have 3 forms to take to the court for swearing an oath on. There is a PE2 out of time, a TE7 and a TE9 and I have an appointment at lunchtime today at the county court. This process seems to just go on and on, are they hoping I will give up ?

Re: County court judgement but no letters - Bailiff
« Reply #34 on: »
Your TE7 & TE9 witness statement and OOT application don't need to be witnessed? Just complete, sign & date and scan them to PDF. Email the PDFs attached to an email to the TEC. The email address is on the forms.

But why have you to submit a TE7 OOT & TE9 WS at all? I understood that you have already submitted a TE9 in respect of the parking contravention, the TEC revoked the OfR and ordered the Charge Cert cancelled. TFL sent you a new PCN which you paid at £90, ULEZ discount. So that PCN is closed. Or is there now a third PCN?
 
Have still got the witnessed copy of the PE3 to go with the PE2 OOT?
If not complete a new copy of the PE3 form and get that witnessed at the same time.
But what exactly have you put on the PE2 by way of explanation as to why you are late with the PE3.

For the purposes of these forms you are the respondent and the Council/TFL are the applicant.
« Last Edit: September 29, 2023, 02:57:44 pm by Enceladus »

Re: County court judgement but no letters - Bailiff
« Reply #35 on: »
Thank you Enceladus I have been back to the court again today for the third time now and had form PE2 witnessed. The lady at the court did explain as you said I do not need TE7 and TE9 witnessed, just signed by myself. I sent all these with the original PE3 off to TEC. As I had some success with the first on I am hopeful but not confident but I will continue the fight. Once again tank you all for your contributions and I will keep you updated.

Re: County court judgement but no letters - Bailiff
« Reply #36 on: »
Yes but what are the TE7 & TE9 forms for? Is there a third PCN?

Re: County court judgement but no letters - Bailiff
« Reply #37 on: »
No they were for the PCN GX06778756 as the email I got from TEC had them attached to complete. I assumed this is to get the fees back from the bailiff and or the court and TFL

Re: County court judgement but no letters - Bailiff
« Reply #38 on: »
Yes but what are the TE7 & TE9 forms for? Is there a third PCN?
No, when you mentioned that one pcn was for zig zag stopping I thought it was the one relevant to bailifs.

Re: County court judgement but no letters - Bailiff
« Reply #39 on: »
Thank you Enceladus I have been back to the court again today for the third time now and had form PE2 witnessed.
But what on Earth have you written on it? It poses a particular question which you've been unable to answer here.

Re: County court judgement but no letters - Bailiff
« Reply #40 on: »
Thank you Enceladus I have been back to the court again today for the third time now and had form PE2 witnessed.
But what on Earth have you written on it? It poses a particular question which you've been unable to answer here.

This thread is a prime example of why we have rule of one thread per PCN. There are two PCNs in this thread and it's becoming increasingly confused.

I understand the PE2 to refer to PCN YJ58264268 which is for a ULEZ contravention. However TFL have already accepted the SD and re-issued the PCN and the OP has settled it at the £90 discount rate. So that's closed out. Or have I got that wrong?

I understand the TE7 & TE9 relate to PCN GX06778756 which is the one that the bailiffs' enforced and the OP paid up circa £560. The underlying PCN was for parking on the zigzags of a pedestrian crossing. The Op wants to recover the bailiff fees and the TFL charges since no PCN, CC, OfR and Bailiff EN were served.

So what we now need to know is what the OP has put on the TE7 OOT application?
« Last Edit: September 29, 2023, 09:42:14 pm by Enceladus »
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Re: County court judgement but no letters - Bailiff
« Reply #41 on: »
No they were for the PCN GX06778756 as the email I got from TEC had them attached to complete. I assumed this is to get the fees back from the bailiff and or the court and TFL

The only way to reclaim bailiffs fees is a detailed assessment (complicated) or a small claim (simple).

Go with the latter, but the claim must start with a letter of claim setting the reason why the money should be returned and give bank details for TFL to pay.

I've not read your thread, but your grounds can be that the warrant address for enforcement differs from your current address, the enforcement power ended (suspended, your PE2 was allowed), or some other enforcement error. It would be a discussion in its work right to debate the possibilities of enforcement error.

Re: County court judgement but no letters - Bailiff
« Reply #42 on: »

I understand the TE7 & TE9 relate to PCN GX06778756 which is the one that the bailiffs' enforced and the OP paid up circa £560. The underlying PCN was for parking on the zigzags of a pedestrian crossing. The Op wants to recover the bailiff fees and the TFL charges since no PCN, CC, OfR and Bailiff EN were served.

So what we now need to know is what the OP has put on the TE7 OOT application?
And why have TEC said they are the wrong forms?

Re: County court judgement but no letters - Bailiff
« Reply #43 on: »
No they were for the PCN GX06778756 as the email I got from TEC had them attached to complete. I assumed this is to get the fees back from the bailiff and or the court and TFL

The only way to reclaim bailiffs fees is a detailed assessment (complicated) or a small claim (simple).
This is nonsense: When an OOT application is allowed the bailiff fees and 50% increase in penalty are refunded.
I don't recall ever having a major problem getting that refund.

Re: County court judgement but no letters - Bailiff
« Reply #44 on: »
I've not read your thread,
Really? Yet you managed to comment in the thread on the 22nd, 24th and 27th?