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Messages - DomK

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Civil penalty charge notices (Councils, TFL and so on) / Re: N244 (review of out-of-time stat dec): recoverability of hearing fees & costs
« on: October 24, 2023, 01:05:45 am »
@Incandescent - my point is that it's specifically the enforcing authority who objected to my TE7, having seen my TE7 application as set out in my reply just above. That's the starting point isn't it? In other words, had they not submitted a 'notice of objection', then the TEC officer would presumably have been persuaded otherwise.

Alternatively, a costs order could surely / feasibly be made against TEC / HMCTS for the officer acting irrationally, or vexatiously in a public office under some legal principles which currently elude me regarding duties, specifically when it comes to discretion, in a public office, might that be a route to go down?

Fundamentally though, I need to know if there is any bar to submitting a costs order at all and why, anecdotally, it seems a large number of applications for even the application fee don't seem to work with district judges, even on paper or oral N244 hearings.

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Civil penalty charge notices (Councils, TFL and so on) / Re: N244 (review of out-of-time stat dec): recoverability of hearing fees & costs
« on: October 24, 2023, 12:38:19 am »
I am pretty sure that on a fair and reasonable assessment, the reasons are bullet-proof:

- Post goes missing in our area generally and has done for years
- Proof of complaints to Royal Mail
- Proof of mail delivered to me for other neighbours
- Neighbours usually redeliver wrong mail, however one neighbour died 2 years ago, property was still empty and estate still going through probate. We only get to collect any wrongly delivered mail every so often, when family come round to collect mail.
- One of the items of mail was the Order for Recovery, which I naturally couldn’t respond to as I only received it after the deadline to respond had passed when the family of my deceased neighbour had attended.

I’m just surprised a Costs Schedule including a costs order of the application fee against the LA for objecting to the TE7; witness attendance at oral hearing; litigant in person hours, etc, can’t be submitted as part of the application and awarded upon a win, as I can't find anything which expressly prohibits this approach but it would certainly seem that much of this is not exempt from applying https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part-44-general-rules-about-costs

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Civil penalty charge notices (Councils, TFL and so on) / N244 (review of out-of-time stat dec): recoverability of hearing fees & costs
« on: October 23, 2023, 10:03:39 pm »
Hi All,

Newbie here, thanks for having me.

Thinking of filing an N244 for a review by a DJ of a TEC court officer's refusal decision of my TE7.

I am trying in vain however to find the specific Act, CPR, Practice Direction or other regulation which specifies i) the £255 application fee for oral hearings; and ii) that the application fee is expressly NOT recoverable as I am given to believe. Surely usual costs and recoverability of application fees apply to a winning party, unless otherwise expressly prohibited, no? I cannot find any such prohibition. Given that the application fee has already been charged, costs normally follow the event, so the local authority should surely be liable for them for wrongly opposing the original TE7 application, no?

Does anyone have any idea where this lack of recoverability of the application fee, costs apparently being prohibited, and the specific application fee itself are prescribed in the regulations?

Many thanks

Dom

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