3. Messages

Show Posts

This section allows you to view all posts made by this member. Note that you can only see posts made in areas you currently have access to.

Messages - VaeK

Pages: [1]
1
Civil penalty charge notices (Councils, TFL and so on) / Re: TEC out of time refused. Should I file N244 without hearing or with? HELP
« on: June 13, 2024, 06:27:34 pm »
Quote from: H C Andersen on June 13, 2024, 05:20:11 pm
So how do you know the PCN was issued in June 2022?

Why haven't you submitted a SAR if you don't have the originals or copies of notices. As I say, you need proof.

Hello,
As mentioned previously I have no proof of the PCN issued on 9/6 apart from my phone call where it was confirmed 2 times yesterday by LBBD but I am trying to get physically evidence but it feels like time is running out to obtain it?

I have submitted a SAR knowing this new information. I requested  the letters verbally on the phone but they denied but I've just realised they can't deny as it's my information.

Yes an invalid PCN is an invalid PCN but I feel it's gone far if I write to the council will they acknowledge it? LBBD confirmed they did not send any letters in 2023 which I feel was an intentional delay tactic. Wouldn't they/TEC just resume with the balliff action that is causing me to be stressed in my condition if I simply write to them? The time to file the N244 would of passed.

Just some thoughts out loud.

2
Civil penalty charge notices (Councils, TFL and so on) / Re: TEC out of time refused. Should I file N244 without hearing or with? HELP
« on: June 13, 2024, 04:44:26 pm »
Thanks for this. Is the something I lead with in the form 6(1)

Still haven't heard back from BAO.

No other PCN issue evidence as it was in 2022. I have looked through my letters and emails but that only shows I was working during that time and potentially going to hospital appts.

 I have tried LBBD again but they are not giving straight answers....

3
Civil penalty charge notices (Councils, TFL and so on) / Re: TEC out of time refused. Should I file N244 without hearing or with? HELP
« on: June 13, 2024, 04:36:03 am »
Morning. Up early Stressing about this again not good for me and baby.

But I called LBBD twice and spoke with 2 customer service reps each one gave me different information but they haven't received a TEC decision yet and they were a bit helpful, they provided me with dates on when letters were issued.

BZ978749490
9/6/2022 - PCN issued
14/7/22 Charge Cert
4/8/22 PDR letter
12/7/22 Order of recovery
21/9/22 - CDER Group Warrent to court

No letters in 2023.

29/1/24 - Appeal done online done by myself after receiving CDER Group letter.
31/1/24 - Appeal Progress letter LBBD confirm all letters was sent to my previous address.

I asked for the most recent letter to be emailed but course LBBD didn't want to resend.
So have requested for the telephone recording and will add to my evidences that I've applied for the telephone recording even though it will take 30 days. I will screenshot my call log and application to add it also because the lady verbally mentioned my previous address of the letter to sent on 31/1/24. Crazy. LBBD clearly did not update their records with DVLA.

The PCN is an ANPR so was advised it takes longer to issue therefore issued on 6 June 22. However all my DVLA registered keeper details were up to date by then but but I still did not receive any letters after. LBBD confirm it was sent to my previous address but need to prove it! I have contacted my previous landlord but she wasn't nice to us so need to use other avenues. Clock is ticking but I'm adamant and need this info complied accurately.

4
Civil penalty charge notices (Councils, TFL and so on) / Re: TEC out of time refused. Should I file N244 without hearing or with? HELP
« on: June 12, 2024, 12:28:27 am »
I meant in relation to Anderson mentioning he was harsh - that I don't mind his response being harsh/truthful (from his perspective) as I appreciate a different viewpoint to help me refine the focus of my response.
Apologise if it was read wrongly.

Very grateful for your help!! OK yes I can test it here and if you're able to help that would be great

5
Civil penalty charge notices (Councils, TFL and so on) / Re: TEC out of time refused. Should I file N244 without hearing or with? HELP
« on: June 11, 2024, 10:11:13 pm »
Thank you! I don't mind a truthful and different eye in order to help refine the focus.

Will also get onto the suggested.

6
Civil penalty charge notices (Councils, TFL and so on) / Re: TEC out of time refused. Should I file N244 without hearing or with? HELP
« on: June 11, 2024, 12:30:21 pm »
Hello,

Yes I have started to fill the form for assessment aiming to finish in between my work meetings today.

Trying to make sure I input the correct info etc.

Ok 18th I was really aiming for this week.

What do you think of getting more legal advice because I really thought it would go in my favour with TEC but it's left me feeling a bit worried that I might get rejected again.

7
Civil penalty charge notices (Councils, TFL and so on) / Re: TEC out of time refused. Should I file N244 without hearing or with? HELP
« on: June 10, 2024, 07:32:08 pm »
Ok thank you.

You mentioned needing to see all evidences do you have any other comments? . Is there anything else you could add or in your point of view could help the case? Should I contact LBBD as part of my property is in the borough or it may be a conflict of interest.

I think the latest date to file is a maximum by the end of this week.

8
Civil penalty charge notices (Councils, TFL and so on) / Re: TEC out of time refused. Should I file N244 without hearing or with? HELP
« on: June 10, 2024, 02:37:00 pm »
Hello,

No I haven't received anything, no communication with LBBD until I called on 8th Feb stating I wanted to appeal the PCN as I tried to do it online but they said it was transferred to the enforcement agents so denied my request. Additionally I asked what address they had on file and it was my old address, I asked them to update it to my new address.
Nothing received via LBBD.

Regarding DVLA I will check my emails but I am pretty sure I would of included this in my original evidence if I received the change of address application receipt I'm thinking it was done via post.

Is the SoT key for the case?

9
Civil penalty charge notices (Councils, TFL and so on) / Re: TEC out of time refused. Should I file N244 without hearing or with? HELP
« on: June 10, 2024, 11:21:27 am »
Hello please see link to the relevant documents.

https://imgur.com/a/5PdlTHu

CDER Group letters,
OOT reasons same for both PCN's
TEC refusal letters and court order date 31st May
RM redirection old address from 09/03 til 08/06/2022
Log book date: 09/05 filed for change of address March 2022 DVLA didn't update til early May 2022.
Contravention date: 08/4/22

I'm ready to pay the fee to file £119 x 2 or fill in the 2 N244 forms which I need guidance for once reviewed so please inform me of the next steps. Time is going to fast friend.

Thank you!

10
Civil penalty charge notices (Councils, TFL and so on) / Re: TEC out of time refused. Should I file N244 without hearing or with? HELP
« on: June 10, 2024, 01:29:26 am »
I've been trying to upload images since this evening. It keeps saying folder is full even though the images are below 1KB as stated on the attachment notes. So frustrating. Can I send you the TEC forms directly? All my information is redacted apart from the relevant parts to answer your questions directly

11
Civil penalty charge notices (Councils, TFL and so on) / Re: TEC out of time refused. Should I file N244 without hearing or with? HELP
« on: June 09, 2024, 08:04:55 pm »
Hello
Thanks for you response!! Of course I tried to upload the letter, resized the image several times but the website said error hence why I gave dates.

This is the response:
Court order drawn 31st May 2024

"Your recent application to file a Statutory Declaration/Witness Statement out of time was referred to the Court
Oficer for a decision without a hearing under Part 75.5(1) of the Civil Procedure Rules. Your application has been refused.
The Trafic Enforcement Centre (TEC) is unable to assist with any queries you may have regarding why the application was refused. The Court Officer is not required to give an explanation for refusal. The refusal is determined on the evidence provided for your reasons for filing the application out side the given time, and not the original contravention. Please be aware that any enforcement action may be reintroduced by the Local Authority pursuing you and the TEC do not have the authority to stop enforcement action. "

This is the same response for both PCN's.

12
Civil penalty charge notices (Councils, TFL and so on) / TEC out of time refused. Should I file N244 without hearing or with? HELP
« on: June 09, 2024, 10:08:07 am »
Hello !
Hope you've had a good weekend. I'm in need of clear advice leading to prompt actions as I have 5 days to make a decision this upcoming week.

I'm going to try and explain this as clear as possible.
I'm having a stressful time bearing in mind I had to also travel into Central London to solicitors to sign the PE2 & PE3 forms document

Summary:
-2 PCN's by Barking and Dagenham (b&d) Council both dated 8th April 2022 - No notice of the occurred offences.
-Did not receive any correspondence about these until enforcement agents knocked on my door of my new address in Jan 2024 therefore wasn't given the chance to appeal nor given enough notice to pay. I was shocked and confused because I would paid it straight away.
(side note: It wasn't actually me driving but my younger brother borrowed my car running errands prior to a family wedding on 9th April 2022)
- In April 2022 was also 7 months pregnant with my 1st child and ordered to work from home during that time so can prove I wasn't driving but working sending emails around the time of the PCN and I normally pay promptly to keep on top of my bills considering I have nursery fees to pay for my 1st child etc.

Timeline:
- 24th Jan 2024 - Received enforcement agents CDER Group letter and agent knocked on door that same week.
-Called B&D and they stated they have transferred it to enforcement agents due to no correspondence sent to my old address, B&D they have my previous address on file.
- Enforcement/Bailiffs kept visiting and intimidating me. I refused to accept their letters and told them I will file an out of time.
-Filed an TEC Out of Time Statutory declaration in February 2024
- Within the TEC forms evidence submitted and highlighted that I moved to my new address early February 2022, redirected my mail via Royal Mail in Feb 2022, updated DVLA for change of address and logbook in March 2022, submitted my new tenancy agreement and letters proving my move from previous address which Barking and Dagenham Council state they had my old address on file and were sending letters there. Also stating there must of been an elapsed crossover of time for DVLA to update their records. Submitted work emails. Also attached CDER Group letters and emails to prove my prompt communication and correspondence.
- TEC refusal letter dated 31st May 2024 received letter Friday 7th June
- I have approx 5 days left this week to file the  N244 as the letter is dated 31st May.

Please kindly advise on the best next steps as stated before the bailiffs knocking on my door (they last requested £700+) in my current state is stressful for my family and I considering it wasn't me driving but to the fact that I have tried to prove and give all the evidence that I can to prove didn't receive the 2 PCN's at all. Please advise anything I can do emails or letters to be sent as soon as possible.

Do you think it may be worth filing the N244 without a hearing which is now £119 or with a hearing costing £313. In person seems the only way for them to see my current mental and physical state however and the costs are racking up unnecessarily. With the N244 will I have to submit more evidence alongside the original TEC I previously added? Will i need legal advise to write up the with the N244 form please do say.

Looking forward to any response and advice!


Thanks!

Pages: [1]