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Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 69378
Experience:  Over 5 years in practice.
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I have 9 parking tickets am appealing against in court. Those contravention never oc

Customer Question

Hi,
I have 9 parking tickets am appealing against in court.
Those contravention never occured in the first place, and secondly i was not the driver when the tickets were given.
My address was showing on dvla at the time tickets were issued.
But i was not available at my address, due to a major surgery on my knee, so i was staying with a friend since.
I never received the tickets notice.
I applied to the adjudicator for out of time filled the N244 for i was granted and asked to go court. The case is in court now what should i do?
Submitted: 1 year ago.
Category: UK Law
Expert:  Jo C. replied 1 year ago.
Hi
Thank you for your question. My name is ***** ***** I will try to help with this.
Do upon what point specifically?
Customer: replied 1 year ago.

First point I want to find out if I do stand a chance to getting the contravention upheld.

secondly the contravention never occurred, what do i do in this case,

thirdly the case is already in court, i need lots of evidences like, TMO traffic management orders, and the contravention codes 2012.

Last I was not the driver when contravention occurred

Expert:  Jo C. replied 1 year ago.
1 That really depends on the merits of the evidence and upon your appeal. It isn't something that can really be assessed remotely.
2 You follow the appeals procedure. There is a specific ground covering non occurring contraventions.
3 It isn't in court. What is in court is your appeal against the refusal of leave to appeal out of time. That has nothing to do with the facts of the contravention. That considers one single issue and that is why you didn't appeal in time.
4 Not being the driver is not necessarily a defence. This is a council fine not a police NIP. Council fines run against the registered keeper not the driver unless the vehicle has either changed keepers or it was taken without consent.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.

Thanks, ***** ***** know about this section you've just mention, below, I thoughts the decision will be made in court in regards ***** ***** parking fine

(3 It isn't in court. What is in court is your appeal against the refusal of leave to appeal out of time. That has nothing to do with the facts of the contravention. That considers one single issue and that is why you didn't appeal in time.)

Ok so where do I go from here?

do i have to wait for the court decision?

or do i have to appeal else where for the parking fines?

please advice thanks.

Expert:  Jo C. replied 1 year ago.
If this is an appeal against refusal to allow the setting aside then you should be required to attend.
If set aside, then the council can reissue and you respond to the appeals procedure.
Customer: replied 1 year ago.

ok my points,

1, The council issued me tickets i wasn't aware of.

2, when i got aware or noticed i had those tickets, i contacted the council, and i was told by the council, that tickets are now with bailiffs

3, I told the council that i want to appeal, and i was told that i have exceeded my appeal time.

4, I filed in a statutory declaration/witness statement out of time it was refused

5, I then filled in another application form N244, it was granted this time and case was referred to county court hearing centre.

6, please read through my points and let me know what I need to do next.

last points,

please can you elaborate more on what you just stated in your last statement

(If this is an appeal against refusal to allow the setting aside then you should be required to attend.

If set aside, then the council can reissue and you respond to the appeals procedure.)

if am right, are you saying, if the court, rule in favor of my out of time declaration, that means the council will re issue the contravention (meaning it will go back to the original ticket price?) and then I can appeal on the grounds that contravention never occurred in the first place?

also would you advice me to get a legal solicitor to represent me in court? is it necessary?

Expert:  Jo C. replied 1 year ago.
Sorry if I am missing the point but that does not contain an appeal.
What is your defence to the issue of the fines?
Customer: replied 1 year ago.

i have got two appeals now accordinto your knowledge,

First I have to defend the out of time settlement which is in court,

secondly i have to appeal against the parking tickets,

If we talking about the first point, which is the court,

* I did not received the notice

* I was hospitalized

* I was away from home, due to mobility on my own

the second points, which is the appeal for the tickets,

*The alleged contravention never occurred
*The vehicle was parked by another driver without my consent.
* contravention do not go according to the TMO restrictions

Does it make sense? thanks for your help

Expert:  Jo C. replied 1 year ago.
OK.
In terms of the substantive matter, did you report the taking of your vehicle to the police?
Customer: replied 1 year ago.

The car was not stolen

I was in the hospital, a friend of mine said he took the vehicle just to go and buy something from the shop, when the incident happen.

The car has been sold ages ago anyways

Expert:  Jo C. replied 1 year ago.
I'm afraid that is a problem.
It is a defence to say that a vehicle is taken without consent but you have not reported this to the police and so the Adjudicator will not accept it. The report is something they demand.
That doesn't mean you cannot seek to get it set aside and pay at the lesser amount if indeed you did not get the chance to do so because you didn't receive the fines.
Customer: replied 1 year ago.

ok thanks, ***** ***** do you think I should use to defend my out of time case in the court?

secondly, what you've just mentioned that for my ticket appeals, which grounds do you think i should use to appeal as well?

Expert:  Jo C. replied 1 year ago.
Well, you can only offer the grounds that you have.
Probably they will allow you to appeal out of time.
On the face of what you are describing you don't have a substantive appeal though.
Customer: replied 1 year ago.

looks like you are not understanding me, the adjudicator has granted an appeal already and the court has set a date,

what i want you to help me with is, grounds

on which i can appeal for the out of time.

and how to appeal against my parking fines is case the appeal for out of time goes through in court,

Expert:  Jo C. replied 1 year ago.
No, the adjudicator has not done that for the reasons explained.
As I said above, you can only offer the grounds you have. I cannot give you defences as that would not ethical.
You have to put your case.
On the face of what you are describing you don't have a substantive appeal though.
Customer: replied 1 year ago.

i am confused now, what do you mean by the adjudicator has not done that for the reasons explained?

no decision has been made yet, the only only that has been made is from the traffic enforcement centre, granting my n244 application form.

please explain properly am not legal minded.

Expert:  Jo C. replied 1 year ago.
It isn't in court. What is in court is your appeal against the refusal of leave to appeal out of time. That has nothing to do with the facts of the contravention. That considers one single issue and that is why you didn't appeal in time.
I'm happy to continue with this but please rate my answer.
Customer: replied 1 year ago.

Thank you for making that clear to me , i will rate all your answer, please bear with me.

I a, stress about all this issues at the moment seeking urgent answers to go further.

since am waiting for the courts judgement on out of time appeal decision,

* what do I do now?

* secondly I want you to help me out with london contravention codes, or traffic management orders

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