Author Topic: Ashford Borough Council PCN on Private Land  (Read 3597 times)

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Re: Ashford Borough Council PCN on Private Land
« Reply #60 on: »
Thanks.

'In-time' was up to 11 Apr.
You posted on 6th that you had already returned the WS.
Therefore it would have been presumed delivered in time as you say you used the correct address. You also say it was completed correctly.

But TEC did not action the WS, therefore you should contact them and the Royal Mail.

I still recommend paying because if the error is found to be yours this could add £235 to your debt after 10th.

You have still not confirmed who was the addressee on the OfR. It's a belts and braces check.



Re: Ashford Borough Council PCN on Private Land
« Reply #61 on: »
Thanks.

'In-time' was up to 11 Apr.
You posted on 6th that you had already returned the WS.
Therefore it would have been presumed delivered in time as you say you used the correct address. You also say it was completed correctly.

But TEC did not action the WS, therefore you should contact them and the Royal Mail.

I still recommend paying because if the error is found to be yours this could add £235 to your debt after 10th.

You have still not confirmed who was the addressee on the OfR. It's a belts and braces check.

Ok will pay to avoid further fees and look further into seeing why I have not received a response. I’m not sure how to pursue with Royal Mail as annoying I cannot find the receipt  :-\
I guess I could email the TEC to see why I have not received correspondence to start with?

The OfR was addressed to myself and my address.

Re: Ashford Borough Council PCN on Private Land
« Reply #62 on: »
Or phone, but do it first thing pl.

As regards RM, I'm no expert but I'd be surprised if they can't work backwards from the addressee, approx or better still exact date it was posted etc.
« Last Edit: May 09, 2024, 06:01:03 pm by H C Andersen »

Re: Ashford Borough Council PCN on Private Land
« Reply #63 on: »
Or phone, but do it first thing pl.

As regards RM, I'm no expert but I'd be surprised if they can't work backwards from the addressee, approx or better still exact date it was posted etc.

Contact made this morning explained the situation, they said there is issues with mail… check the tracking which I’ll try my luck with RM this afternoon fingers crossed!

Form I received from them is a WS Out of Time Application

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Re: Ashford Borough Council PCN on Private Land
« Reply #64 on: »
I don't follow.

What you need is facts, not generalities such as we're having issues with mail. Remember, TEC did receive your WS, so the question which remains is WHY did they reject it. Was this?

It was completed incorrectly;
It was received late;

Or both?

We're still blind.


Your WS was dated  X
They received it into their system on  Y
They rejected, but we don't know why.
For obvious reasons TEC will only act on when they received the WS, NOT the date someone wrote on it.

So: you need date of posting - sadly you'll have to rely upon RM as you've mislaid your proof of posting.
You also need the date TEC received it - for completeness.
Was the WS completed correctly- as you didn't keep a copy you'll have to rely upon TEC.

Re: Ashford Borough Council PCN on Private Land
« Reply #65 on: »
I don't follow.

What you need is facts, not generalities such as we're having issues with mail. Remember, TEC did receive your WS, so the question which remains is WHY did they reject it. Was this?

It was completed incorrectly;
It was received late;

Or both?

We're still blind.


Your WS was dated  X
They received it into their system on  Y
They rejected, but we don't know why.
For obvious reasons TEC will only act on when they received the WS, NOT the date someone wrote on it.

So: you need date of posting - sadly you'll have to rely upon RM as you've mislaid your proof of posting.
You also need the date TEC received it - for completeness.
Was the WS completed correctly- as you didn't keep a copy you'll have to rely upon TEC.

Unfortunately RM was unable to assist me with retrieving the tracking so I am a bit screwed there.

I have received the OUT OF TIME APPLICATION which includes the TE7 & TE9

The TE7 has a reason box for ‘The above named respondent applies for permission to file a statement to file a witness statement:’

Am I meant to put the reason of ‘not received a NTO’ here?

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Re: Ashford Borough Council PCN on Private Land
« Reply #66 on: »

what would you recommend the next move should be on this?


There is only one action open to you procedurally and this is for the recipient to complete and submit the WS in time!

So firstly, are you the addressee(AKA recipient)?

If so, then you complete the WS by ticking only one box, dating, signing and sending to TEC using one the methods offered and within time.

Without going back over the thread, which grounds apply to you? To keep this short the whys don't arise, only the whats. So which grounds? Is it:

a)that P did not receive the enforcement notice;

Noting that the following applies:

“enforcement notice”, other than in regulation 35, means—
(a)a regulation 10 penalty charge notice, or

(b)a notice to owner;

(a) doesn't apply here, so it's (b), yes?

Pl don't get distracted by anything else e.g. the format of the OfR, it's irrelevant at this stage.

The out of time documents require both TE7 and 9 completed and returned…

Re: Ashford Borough Council PCN on Private Land
« Reply #67 on: »
Any advice would be greatly appreciated for returning the TE 7 & 9  :)

Re: Ashford Borough Council PCN on Private Land
« Reply #68 on: »
Any advice would be greatly appreciated for returning the TE 7 & 9  :)
@D D all I can suggest is that you give a full and frank account of events so far. Write a draft and post it on here urgently, and tag me in your reply.

You see it is for this very reason that we always advise to throw the paper TE9 in the bin and just do everything by email, if only you'd done that all these problems could have been avoided.

Did you find the postal receipt?
I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
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Re: Ashford Borough Council PCN on Private Land
« Reply #69 on: »
@cp8759 I appreciate your concerns but I think I’m going to just let this one pass as I’ve had something more serious come up plus I think to much time has passed for the out of scope forms to be submitted to transport office.
And to add the worst issue here was I lost the damn receipt of postage if only I had this I could have had them by the balls as they cost me an additional £70 odd claiming they never received it even though I sent it via signed for 24hr service.

As the saying goes, ‘you win some you loose some’

I learnt from this one,
Parking in an entrance/loading space like I did is still classed as highways.
Be sure to place receipts in a safe place  ;D

Thank you all for your efforts on this one it’s greatly appreciated.

Be lucky out there  8)

Re: Ashford Borough Council PCN on Private Land
« Reply #70 on: »
@D D that's understandable, hopefully that's the last time you send something by post when you have an online option.
I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order