Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: S50095 on June 13, 2024, 07:46:02 pm
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@S50095 I suggest you post back and respond to Bailiff Advice urgently, as you're running out of time.
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Hi a pcn issued 06/05/2023 by Folkestone and Hythe Council. I did not have a ticket on my car I was only there for 12hours and no letters to address I was only made aware when Jacobs bailiff's arrived 05/01/2024 demanding 550£. Contacted Folkestone and filed OOT which has been refused without reasoning the refusal letter is dated 23/05/2024 and only arrived 12/06/2024 which is past the 14 day deadline to file a n244.
Contacted council today they said they have had no correspondence from TEC and can't help me!!!!
You are able to file an N244 to seek a 'review' of the rejection. However, it is important to know what you had written in your Out of Time application.
The Traffic Enforcement Centre are facing dreadful delays which would account for the letter dated 23rd May only arriving on 12th June.
If you read the refusal letter carefully, you should see that you have 14 days from the date of 'SERVICE' to file an N244. The 'service' date was 12th June so you are within time to file an N244 Application.
As you will be aware, there is a fee to pay to seek a 'review'. The cost is £119. If you receive benefits, you would be exempt from paying.
If you can post back to let us know what you had stated on your Out of Time Application, that would be helpful.
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and no letters to adress I was only made aware when jacobs baliffs arrived 05/01/2024 demanding 550£.
Sounds an absolutely typical case of wrong address on the council's notices and the Notice of Enforcement from enforcement agents. But why?
PCN on car - was there even one left? Perhaps you were snapped by camera;
Postal PCN(if by post)/Notice to Owner - addressed to the registered keeper* using their DVLA details as at 6 May 2023);
Charge Certificate - to the same address;
OfR - to the same address;
Notice of Enforcement - to the same address;
Visit to your property - Jacobs have found out your real address;
Your OOT - using your real address, hence why you received a reply.
You must get out your V5C and check your address.
Check with Jacobs the address on the warrant of control and Notice of Enforcement.
Submit a SAR to the council for copies of their notices(but phone first to see if they'll dispense with this cumbersome step and simply supply).
Confirm every interaction in writing.
* - or hirer. But whether it's a hired car would be revealed when you check 'your' V5C.
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And from your opening post it does seem likely that there is a technical error with your Out of Time application. Please post up the Traffic Enforcement Centre notice that you did receive. And anything you've had from the bailiff. Just redact your name and address, please leave everything else visible. The instruction on how to post up scans and images are in the "Read This First -" (https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/) sticky post at the top of page1 of this forum.
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Hi Neil I only have the refusal letter than arrived on the 12th which I will add now
So you didn't make an application in the first place?
So what has been refused?
Sorry if that was a bit sarcastic but, come on, think!
We don't yet know why you needed to make an out of time application, other than claiming, in another thread, that your reasons were identical to another case?
It's also very common for people not to understand OOT forms and you may have only been refused for technical errors.
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Hi Neil I only have the refusal letter than arrived on the 12th which I will add now
So you didn't make an application in the first place?
So what has been refused?
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Sorry your link doesn't work. Gives error 404.
At the moment I can't reconcile a demand for £550. Did the bailiff give you anything when they visited Jan 5th 2024? If so please post it up as well.
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https://imgur.com/gallery/ASSHHlq
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Hi Neil I only have the refusal letter than arrived on the 12th which I will add now
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You haven't shown us any documents, at all?
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Hi a pcn issued 06/05/2023 by folkestone and hythe Council. I did not have a ticket on my car I was only there for 12hours and no letters to adress I was only made aware when jacobs baliffs arrived 05/01/2024 demanding 550£. Contacted folkestone and filed OOT which has been refused without reasoning the refusal letter is dated 23/05/2024 and only arrived 12/06/2024 which is past the 14 day deadline to file a n244.
Contacted council today they said they have had no correspondence from TEC and can't help me!!!!