Hi All,
On 20th October 2018, I was recorded clipping the end of a bus lane under Lambeth Councils remit.
They applied for my address onj the 25th October 18, sending the first PCN on the 12th November. I had moved out of the address they recieved on the 27th October, 2 weeks before and didnt recieve anything for obvious reasons.
When I updated my DVLA address a while after I moved, I got bailiff letters through chasing the debt which had by this point been passed onto them. I sought advice and was told to fill in a PE2 & 3. I did, got it signed by a solicitor and sent it off with evidence I had moved before the first PCN had been issued.
I've just had a response from the council saying 'I am opposing the Out Of Time Statutory Declaration filed by X on teh grounds set below:
- The respondent claims they did not recieve the Notice to Owner/PCN.
- The respondent's address was recieved from the DVLA on 25th October 2018.
- The London Boroughg of Lambeth sent a notice to Owner/Enforcement Notice to the respondent on 21st Devember 2018. Records show that no response was made and no payment recieved.
- The London Boroughg of Lambeth sent a Charge Certificate to the respondent on 28th Janurary 2019. No response was recieved and no payment was made.
- The Charge was registered as a debt with Northampton County Court on 28th February 2019. At that time, no Statutory Declaration was filed, no payment was made and no correspondence has been recieved.
- Subsequently, a Warrant was issued to recover the debt on 18th April 2019.
- Finally, the London Borough of Lambeth recieved notification that an Out Of Time Statutory Declaration has been filed with Northampton County Court.
What have I done wrong?
On the PE2/3 I was advised to say 'It is an unfortunate conincidence of timing' that I had moved by the time the first PCN was sent, so couldnt have recieved it or any further communication. But its been rejected. From the above, I dont understand why its rejected or what I can do?
Anyone able to help? Much appreciated as I'm panicing like a mad man.
TIA.
Rejected PE2/3??
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razmachaz69
- Posts: 2
- Joined: 15 Nov 2019 11:43
Re: Rejected PE2/3??
Just heard from the TEC, apparently it is no going to their judge, that letter isnt the end yet!
Re: Rejected PE2/3??
When completing a PE3 stating that the Notice to Owner was not given, you must prove your case by attaching to the PE2/PE3 a copy of your new address.
You have a high burden of proof, but the PE2 and 3 are sworn statements, therefore the court must treat it as fact unless evidence to the contrary is proved.
You could appeal, its expensive, and its done on an N244.
Your grounds of the appeal is you...
made a statutory declaration proving the notice to Owner was not given and your address on the PE2/3 is different to the address on the warrant of control.
That evidence satisfied the burden of proof under Section 7 of the Interpretation Act 1978 and your statutory declaration should have been allowed.
You have a high burden of proof, but the PE2 and 3 are sworn statements, therefore the court must treat it as fact unless evidence to the contrary is proved.
You could appeal, its expensive, and its done on an N244.
Your grounds of the appeal is you...
made a statutory declaration proving the notice to Owner was not given and your address on the PE2/3 is different to the address on the warrant of control.
That evidence satisfied the burden of proof under Section 7 of the Interpretation Act 1978 and your statutory declaration should have been allowed.