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This PCN from 2021 relates to a ‘parking’ issue in a ‘loading bay’ where an enforcement officer from Dartford Council issued a PCN (on behalf of Kent County Council) for parking in a ‘loading bay’.

ALleged Date of contravention - 25/08/2021
Location of alleged contravention - Hythe Street, Dartford
Alleged contravention - Parking in a Place or Area Not Designated for that Class of Vehicle
Vehicle Registration - V11KDV

As some of you know from my other posts, my ex removed me from my house, and despite a ‘Specific Issue Order’ from the Family Court mandating that they forward me all my mail every week, they have not complied with this court order.

I provided additional grounds to the Local Authority alongside my TE9 form in 2023; this can be seen from Page 5 of my TE9 form (both 2024 and 2023 submissions had this content).

TEC ORDERS
2023 Order: 19 October 2023
2024 Order: 01 September 2024


EVENT TIMELINE

25 Aug 2021	Driver parked at a loading bay to load heavy goods outside a store. Parking bay was signed “Goods vehicles loading only Mon - Sat 8 am - 6.30 pm - 1 hour - No return within 1 hour” (sign below).
25 Aug 2021 (16:33:30)	Evidence from local authority shows the yellow PCN pouch is stuck on the vehicle. The PCN evidence shows that the paper was sticking outside the pouch, indicating it was not secured correctly.
07 Jul 2023	Received e-mail from my solicitor’s ex with a copy of a ‘REMOVAL NOTICE’ from Stamford & Green. Since this was the first time I received a bailiff notice I freaked out and was shocked that they would clamp my car (as I parked on the street then).
11 Jul 2023	After a call to Stamford (between 07 and 11 July 2023), I received an email with details of PCN. Before calling the office, I called the enforcement agent, who fobbed me off and said they don’t need to give me any legal notices and that I need to stop reading things online (very unprofessional, confrontational and signed off the call with a threat)!
11 Jul 2023	I emailed Stamford&Green asking for a copy of the warrant of control along with other details (copy below). There has been no further correspondence from Council or Stamford & Green since my email.
28 Jul 2023	TE9 & TE7 form processed by TEC.
19 Oct 2023	TEC accepted the statutory declaration and wrote to KENT COUNTY COUNCIL that the charge certificate should be cancelled. I did not receive this order because they sent it to the original address on PCN (not the TEC form). The order linked below confirms this, as the old address is listed on it.
June 2024	Someone staying at my old address (not the same as the PCN address) said a bailiff tried to enforce a court order and provided the PCN’s reference number. I changed addresses twice since then (to my current address).
26 June 2024	After speaking with TEC, The new TE9 and TE7 were submitted to TEC. An office address was provided in the form.
01 Sep 2024	TEC rejected my declaration and made an order, copy of the redacted order is linked below as ‘2024 TEC ORDER’. I had to pay for a copy of this order and noticed that TEC keyed in my address incorrectly!! After speaking with TEC on the phone they have now amended my address on their system.

RELEVANT FILES LINKED TO BELOW

PCN not available.

Sign for bay provided by Dartford Council in PCN evidence

REDACTED - Notice received by e-mail from solicitors of my Ex - 07 July 2023
REDACTED - 2023 - TE7 and TE9 - PCN KD1181477A - KCC vs Vikram
REDACTED - 10 July 2023 - Email sent by registered keeper - Stanford and Green PCN KD1181477A
REDACTED - 26 Jun 2024 - TE7 and TE9 - PCN KD1181477A

Traffic Order effective at the parking bay (when PCN was issued)
Kent Vehicle Parking Standards (dated July 2006, this is the latest version I could find)

"01 Sep 2024 TEC rejected my declaration and made an order, copy of the redacted order is linked below as ‘2024 TEC ORDER’.
I had to pay for a copy of this order and noticed that TEC keyed in my address incorrectly!! After speaking with TEC on the phone they have now amended my address on their system."


Where is the TEC order? I don't see it.
Who did you have to pay and how much?

I rather fear you've totally confused the TEC office and the Council by conflating a challenge against the PCN with a Witness Statement and an Out of Time application to the TEC. The only issue the court official is alowed to consider are your reasons for being late (Out of Time) with your Witness Statement.

You may have to make an N244 application to have the TEC refusal reviewd by a district judge. And there is a strict time limit to get that submitted. It might not be financially worth it.

How much does the bailiff want? And have ypu ever had a Notice of Enforcement from the bailiff? I guess not if they don't have your address?

The warrant is a Local Authority Warrant of Control. It is issued by the Council to the Enforcement Agents. The warrant does not have a physical or printed seal. However the LA can only issue it when it has been authorised by the TEC.

In so far as I understand the enforcement rules the bailiff has to provide you with a printed copy of the warrant if you ask for it, or a copy of the electronic record if you're happy with that. If the bailiff refuses to give you a copy then it probably means that the warrant has expired or more likely the warrant is for a different address.

Where the bailiff attempts to enforce a warrant but you don't live there, then the bailiff can seek to trace your correct current address. If this is successful then the Council needs to apply for the warrant to be re-sealed (re-aurhorised) with the new address.

By now the Council know your current address because the TEC will have informed them of the address used on your Out of Time and Witness Statement forms. You mentioned an office address, the bailiff can try and enforce there when he has an updated warrant.

As to an N244 application, the fee for a review by a district judge is £119 for a hearing on the papers only. And £303 for a hearing in person. And you won't get the fee refunded even if you get the case before the adjudicator and win. And given the complexity of your case I would only recommend the hearing in person.

You can also get advice from Bailiff Advice Online.