DIR Return Create A Forum - Home
---------------------------------------------------------
FreeTrafficLegalAdvice
HTML https://ftla.createaforum.com
---------------------------------------------------------
*****************************************************
DIR Return to: Civil penalty charge notices (Councils, TFL and so ...
*****************************************************
#Post#: 21901--------------------------------------------------
Re: Ashford Borough Council PCN on Private Land
DIR By: H C Andersen
Date: May 9, 2024, 3:19 am
---------------------------------------------------------
Thanks.
'In-time' was up to 11 Apr.
You posted on 6th that you had already returned the WS.
Therefore it would have been presumed delivered in time as you
say you used the correct address. You also say it was completed
correctly.
But TEC did not action the WS, therefore you should contact them
and the Royal Mail.
I still recommend paying because if the error is found to be
yours this could add £235 to your debt after 10th.
You have still not confirmed who was the addressee on the OfR.
It's a belts and braces check.
#Post#: 21933--------------------------------------------------
Re: Ashford Borough Council PCN on Private Land
DIR By: D D
Date: May 9, 2024, 6:57 am
---------------------------------------------------------
--- Quote from: H C Andersen link ---
>
> Thanks.
>
> 'In-time' was up to 11 Apr.
> You posted on 6th that you had already returned the WS.
> Therefore it would have been presumed delivered in time as you
say you used the correct address. You also say it was completed
correctly.
>
> But TEC did not action the WS, therefore you should contact
them and the Royal Mail.
>
> I still recommend paying because if the error is found to be
yours this could add £235 to your debt after 10th.
>
> You have still not confirmed who was the addressee on the OfR.
It's a belts and braces check.
>
--- End Quote ---
Ok will pay to avoid further fees and look further into seeing
why I have not received a response. I’m not sure how to pursue
with Royal Mail as annoying I cannot find the receipt :-\
I guess I could email the TEC to see why I have not received
correspondence to start with?
The OfR was addressed to myself and my address.
#Post#: 21971--------------------------------------------------
Re: Ashford Borough Council PCN on Private Land
DIR By: H C Andersen
Date: May 9, 2024, 11:58 am
---------------------------------------------------------
Or phone, but do it first thing pl.
As regards RM, I'm no expert but I'd be surprised if they can't
work backwards from the addressee, approx or better still exact
date it was posted etc.
#Post#: 22020--------------------------------------------------
Re: Ashford Borough Council PCN on Private Land
DIR By: D D
Date: May 10, 2024, 3:13 am
---------------------------------------------------------
--- Quote from: H C Andersen link ---
>
> Or phone, but do it first thing pl.
>
> As regards RM, I'm no expert but I'd be surprised if they
can't work backwards from the addressee, approx or better still
exact date it was posted etc.
>
--- End Quote ---
Contact made this morning explained the situation, they said
there is issues with mail… check the tracking which I’ll try my
luck with RM this afternoon fingers crossed!
Form I received from them is a WS Out of Time Application
[attachment deleted by admin]
#Post#: 22027--------------------------------------------------
Re: Ashford Borough Council PCN on Private Land
DIR By: H C Andersen
Date: May 10, 2024, 4:21 am
---------------------------------------------------------
I don't follow.
What you need is facts, not generalities such as we're having
issues with mail. Remember, TEC did receive your WS, so the
question which remains is WHY did they reject it. Was this?
It was completed incorrectly;
It was received late;
Or both?
We're still blind.
Your WS was dated X
They received it into their system on Y
They rejected, but we don't know why.
For obvious reasons TEC will only act on when they received the
WS, NOT the date someone wrote on it.
So: you need date of posting - sadly you'll have to rely upon RM
as you've mislaid your proof of posting.
You also need the date TEC received it - for completeness.
Was the WS completed correctly- as you didn't keep a copy you'll
have to rely upon TEC.
#Post#: 22311--------------------------------------------------
Re: Ashford Borough Council PCN on Private Land
DIR By: D D
Date: May 13, 2024, 1:26 pm
---------------------------------------------------------
--- Quote from: H C Andersen link ---
>
> I don't follow.
>
> What you need is facts, not generalities such as we're having
issues with mail. Remember, TEC did receive your WS, so the
question which remains is WHY did they reject it. Was this?
>
> It was completed incorrectly;
> It was received late;
>
> Or both?
>
> We're still blind.
>
>
> Your WS was dated X
> They received it into their system on Y
> They rejected, but we don't know why.
> For obvious reasons TEC will only act on when they received
the WS, NOT the date someone wrote on it.
>
> So: you need date of posting - sadly you'll have to rely upon
RM as you've mislaid your proof of posting.
> You also need the date TEC received it - for completeness.
> Was the WS completed correctly- as you didn't keep a copy
you'll have to rely upon TEC.
>
--- End Quote ---
Unfortunately RM was unable to assist me with retrieving the
tracking so I am a bit screwed there.
I have received the OUT OF TIME APPLICATION which includes the
TE7 & TE9
The TE7 has a reason box for ‘The above named respondent applies
for permission to file a statement to file a witness statement:’
Am I meant to put the reason of ‘not received a NTO’ here?
[attachment deleted by admin]
#Post#: 22315--------------------------------------------------
Re: Ashford Borough Council PCN on Private Land
DIR By: D D
Date: May 13, 2024, 2:31 pm
---------------------------------------------------------
--- Quote from: H C Andersen link ---
>
>
> what would you recommend the next move should be on this?
>
>
> There is only one action open to you procedurally and this is
for the recipient to complete and submit the WS in time!
>
> So firstly, are you the addressee(AKA recipient)?
>
> If so, then you complete the WS by ticking only one box,
dating, signing and sending to TEC using one the methods offered
and within time.
>
> Without going back over the thread, which grounds apply to
you? To keep this short the whys don't arise, only the whats. So
which grounds? Is it:
>
> a)that P did not receive the enforcement notice;
>
> Noting that the following applies:
>
> “enforcement notice”, other than in regulation 35, means—
> (a)a regulation 10 penalty charge notice, or
>
> (b)a notice to owner;
>
> (a) doesn't apply here, so it's (b), yes?
>
> Pl don't get distracted by anything else e.g. the format of
the OfR, it's irrelevant at this stage.
>
--- End Quote ---
The out of time documents require both TE7 and 9 completed and
returned…
#Post#: 22546--------------------------------------------------
Re: Ashford Borough Council PCN on Private Land
DIR By: D D
Date: May 15, 2024, 7:17 am
---------------------------------------------------------
Any advice would be greatly appreciated for returning the TE 7 &
9 :)
#Post#: 23237--------------------------------------------------
Re: Ashford Borough Council PCN on Private Land
DIR By: ivanleo
Date: May 20, 2024, 2:04 pm
---------------------------------------------------------
--- Quote from: D D link ---
>
> Any advice would be greatly appreciated for returning the TE 7
& 9 :)
>
--- End Quote ---
[member=629]D D[/member] all I can suggest is that you give a
full and frank account of events so far. Write a draft and post
it on here urgently, and tag me in your reply.
You see it is for this very reason that we always advise to
throw the paper TE9 in the bin and just do everything by email,
if only you'd done that all these problems could have been
avoided.
Did you find the postal receipt?
#Post#: 23948--------------------------------------------------
Re: Ashford Borough Council PCN on Private Land
DIR By: D D
Date: May 26, 2024, 5:36 pm
---------------------------------------------------------
[member=1]cp8759[/member] I appreciate your concerns but I think
I’m going to just let this one pass as I’ve had something more
serious come up plus I think to much time has passed for the out
of scope forms to be submitted to transport office.
And to add the worst issue here was I lost the damn receipt of
postage if only I had this I could have had them by the balls as
they cost me an additional £70 odd claiming they never received
it even though I sent it via signed for 24hr service.
As the saying goes, ‘you win some you loose some’
I learnt from this one,
Parking in an entrance/loading space like I did is still classed
as highways.
Be sure to place receipts in a safe place ;D
Thank you all for your efforts on this one it’s greatly
appreciated.
Be lucky out there 8)
*****************************************************
Page 7 of 8
DIR Previous Page
DIR Next Page