Free Traffic Legal Advice

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.

@Kurtcat

How did you submit your formal representation against the Notice to Owner? Was it online or by Royal Mail?

If online did you get an emailed acknowledgement / receipt?
If by Royal Mail post did you obtain a proof of posting or a recorded delivery receipt?

WS = Witness Statement

For future reference, if you need to display the BB clock then the time should be set to the nearest quarter hour after arrival. Not earlier. So arrive at anytime between 17:31 and 17:45 then the clock should be set to 17:45. If you set the clock earlier then you are depriving yourself of some of the exemption, usually 3 hours, that you are entitled to.

Although at least one of the other signs for the non-disabled bays implies that there are no restictions after 18:00pm, this isn't what the disabled bay sign says. Confusing I would argue, and it might be the traffic order says something different.

Perhaps our hard working administrator @cp8759 can locate the traffic order?

Tried to upload a longer answer but this website wouldn't permit it.

Have now started on a paper complaint using the fact they already admitted the June charge was wrongly applied.

I assume you mean you were trying to upload some documents or images. There is limited storage space on the forum so you need to host documents and images elsewhere and include the links to them in your posts on here.

The instructions are to be found in the READ THIS FIRST - **BEFORE POSTING YOUR CASE!** sticky post at the top of page 1 of the forum.

Maybe I've missed it, it seems they haven't reoffered the discount ant the full penalty of £70. That being the case you might as well appeal to the Adjudicator as you have no financial incentive to do otherwise.

I don't know the exact amounts for a judge review, but it's around £115 for a papers-based review, and circa £460 for an interview with the judge "in chambers". Without some hard information on when your V5 was updated, it is difficult to see any OOTs succeeding. You can get a "second opinion" here: -
www.baillifadviceonline.co.uk

At the moment, the amounts are at their minimum, with the amount owing the council, plus the bailiff £75 fee for each PCN. If bailiffs visit, you get another £235 added on to the amount for each PCN.

In a situation like this, it is best to pay the amount demanded to prevent it going up even more. Paying has no effect on whether an OOT will succeed or not, so I think you need to consider your next step very carefully. TEC are taking ages to process OOTs at the moment, and what you don't want is the bailiffs sneaking in and adding £235 x 3 to the amount demanded. I'm afraid that cases like yours that we frequently see on this forum, rarely turn out well, sorry to have to say it.

The enforcement agent (bailiff) can only load £235 once onto the charges owing, no matter how many Notices of Enforcement (one for each PCN) are being enforced.

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. One fee payable for each application for a review, one review per PCN. The fees are not refundable and cannot normally be claimed as costs even if your appeals to the Adjudicator are ultimately successful. The only exception is if your are entitled to an EX160 fee remission.

The advice to pay up now and then submit Out of Time Statutory Declarations at a later date is not without risks. This advice only came in during Covid and post Covid as there are long delays with the TEC informing the Enforcement Authorities that an Out of Time application has been submitted. This leaves you unprotected from the bailiff duing the delay.

Pre Covid the TEC would inform the EA electronically each day of any such applications received before 4pm on a working day. The EA was then compelled to call of bailiff enforcement immediately until the TEC had issued a decision. Leave it too long between payamnt and OOT and the Enforcement Authority will object on the grounds that you closed the case.

If you want to have the best possible and most comprehensive advice then please follow the instructions in the sticky post at the top of this forum READ THIS FIRST - **BEFORE POSTING YOUR CASE!**. It's only required to redact your name & address where it's present. Please leave all other information visible, especially the PCN reference numbers, the vehicle reg, all dates and times and locations and the like.