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#Post#: 25608--------------------------------------------------
Bailiff - TEC did not acknowledge receiving my in time witness
statement and refused my late TE9 for PCN not received.
DIR By: pocketrocket
Date: June 11, 2024, 11:32 am
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Hi everyone,
I received a charge certificate with a charge of £165 in April
2022 however I never received a PCN and NTO before that. I
responded by requesting original PCN reissued in the hope of
getting discounted rate which was refused however I was offered
to pay £110.
I received a Order of Recovery in May 2023 and submitted a
witness statement on time by email to get the original PCN
re-issued.
I received a Notice of Enforcement in February 2024 so I
contacted TEC that I had submitted TE9 on time and they advised
me to submit a late witness statement and TE7. I did as advised
and also attached the original email and witness statement as
proof to show that I had submitted my witness statement on time.
The council disputed my late witness statement by saying that I
likely received the PCN and that I did not submit a valid late
witness statement without specifying why it's not valid. The
court refused my late witness statement without giving any
reasoning behind their decision (so much for the transparency).
This is really outrageous as I did attach the proof of
submitting the witness statement on time and it seems like the
court just decided without looking at the case files. I have
attached all the documents below. Can someone please advise me
what should I do now? Any help is appreciated.
HTML https://i.imgur.com/2Hv771q.jpg
1. Charge Certificate
HTML https://i.imgur.com/YH7ICly.jpg
2. Correspondence
HTML https://i.imgur.com/AKi7OGr.jpg
3. Correspondence 1
HTML https://i.imgur.com/D5t1wM5.jpg
3. Correspondence 2
HTML https://i.imgur.com/fTq0TF8.jpg
4. Order of recovery
HTML https://i.imgur.com/0DJ7ri0.jpg
5. Order of recovery
HTML https://i.imgur.com/Znnd6UE.jpg
6. On Time Witness Statement TE9
HTML https://i.imgur.com/xufg109.jpg
7. Proof of TE9 submission on time
HTML https://i.imgur.com/BH56sJL.jpg
8. Marston
HTML https://i.imgur.com/UWvtLea.jpg
9. TE7-1
HTML https://i.imgur.com/w1TT8BJ.jpg
10. TE9 2
HTML https://i.imgur.com/E1D2GQN.jpg
11. Hounslow TE9 Response
HTML https://i.imgur.com/nZ13ptP.jpg
12. Hounslow TE9 Response
HTML https://i.imgur.com/soaKyVS.jpg
13. Hounslow TE9 Response
HTML https://i.imgur.com/kpTACBH.jpg
14. Hounslow TE9 Response
HTML https://i.imgur.com/W4FNlx9.jpg
15. TEC decision
HTML https://i.imgur.com/dmZjXI1.jpg
16. TEC decision
#Post#: 26202--------------------------------------------------
Re: Bailiff - TEC did not acknowledge receiving my in time
witness statement and refused my late TE9 for PCN not receive
DIR By: ivanleo
Date: June 15, 2024, 6:07 pm
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[member=1968]pocketrocket[/member] if you want to pursue this
matter further, you'll have to file an application for a review
by a district judge. Providing all your paperwork is in order
(including specifically the original email to tec, of which we
only have a partial redacted copy) then it should be winnable
and in principle you should be able to recover your costs.
You can request a decision on the papers for £119, but with any
decision on the papers you always run the risk that some crucial
point gets overlooked. You could also ask
HTML https://bailiffadviceonline.co.uk/
to write the application for
you for a nominal fee.
However the safest approach would be to request a hearing and
ask for one of us to attend the hearing with you as a McKenzie
friend (I would do so for a nominal fee on a no-win-no-fee
basis), but the court costs for a hearing would be £303 and
while I think you have an arguable case that costs should follow
the event, there are no guarantees.
You therefore need to decide what strategy you wish to pursue.
While I'm pretty sure it is possible to get the order for
recovery revoked, if you don't get the £303 court fee back then
it might be more expensive than just paying now.
In principle I think a very strong argument can be made that you
should get the £303 fee back from the council, but obviously all
litigation carries an element of risk.
#Post#: 26222--------------------------------------------------
Re: Bailiff - TEC did not acknowledge receiving my in time
witness statement and refused my late TE9 for PCN not receive
DIR By: NightSoul
Date: June 15, 2024, 8:56 pm
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Some due diligence is needed on the website you are promoting.
Search Sheila Harding bailiffs.
#Post#: 26227--------------------------------------------------
Re: Bailiff - TEC did not acknowledge receiving my in time
witness statement and refused my late TE9
DIR By: pocketrocket
Date: June 16, 2024, 3:40 am
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Thank you for the advice. I have simply paid to save myself time
and avoid headaches though I do agree that I had a reasonably
good case. I have made an official complaint to the TEC for not
handling the WS.
#Post#: 26230--------------------------------------------------
Re: Bailiff - TEC did not acknowledge receiving my in time
witness statement and refused my late TE9
DIR By: fraser.mitchell
Date: June 16, 2024, 4:13 am
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--- Quote from: pocketrocket link ---
>
> Thank you for the advice. I have simply paid to save myself
time and avoid headaches though I do agree that I had a
reasonably good case. I have made an official complaint to the
TEC for not handling the WS.
>
--- End Quote ---
You can still submit your witness statement. Paying the bailiff
has no effect on this procedure.
#Post#: 26243--------------------------------------------------
Re: Bailiff - TEC did not acknowledge receiving my in time
witness statement and refused my late TE9 for PCN not receive
DIR By: Enceladus
Date: June 16, 2024, 6:42 am
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I see that your original Witness Statement was submitted to the
TEC by email on the 17th May 2023.
Did you receive an acknowledgement email? Normally if you email
the TEC you get an acknowledgement email within a few minutes.
Doesn't mean that they've read or actioned your email, just that
they've received something.
No acknowledgement email implies that the balance of probability
is that the email was not delivered to the TEC.
In the 12 months of financial 2022-2023 zero costs were awarded
by the Adjudicator against Hounslow. If you had made an N244
application and did not qualify for EX160 fee remission then you
would not have had your filing fee refunded. It's an anomaly in
the system that is unfair to to the appellants, ie you.
#Post#: 26330--------------------------------------------------
Re: Bailiff - TEC did not acknowledge receiving my in time
witness statement and refused my late TE9 for PCN not receive
DIR By: ivanleo
Date: June 16, 2024, 4:21 pm
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--- Quote from: Enceladus link ---
>
> In the 12 months of financial 2022-2023 zero costs were
awarded by the Adjudicator against Hounslow. If you had made an
N244 application and did not qualify for EX160 fee remission
then you would not have had your filing fee refunded.
>
--- End Quote ---
The adjudicator would not award costs for county court
proceedings, a costs order would be made by the district judge
sitting in the county court. I'm sure this has never happened
because nobody has ever taken the point that costs follow the
event (and if you don't ask for costs you don't get them).
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