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Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 69362
Experience:  Over 5 years in practice.
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Filed a Out of Time statutory declaration / witness

Customer Question

filed a Out of Time statutory declaration / witness statement with the transport enforcement centre (TEC) in relation to a Penalty Charge notice issued by newham council to me at my previous address after I have moved out to my current residence, upon their own admission the CCTV PNC was sent out on the 12 Aug 14 and I provided a council tax bill and a tenancy agreement stating that I move to my current address on the 11 Aug 14
The appeal was refused because the local authority said it was the responsibility of the registered keeper of the vehicle to make arrangements to have all mail re-redirected during the period of updating my vehicle registration document
I m planning on having a review but want to know if there anyone out here Who's been in a similar position or anyone who can help
Thanks
Submitted: 1 year ago.
Category: UK Law
Expert:  Jo C. replied 1 year ago.

What would you like to know about this please?

Customer: replied 1 year ago.
just want to know if a district's judges review will be worth it
Customer: replied 1 year ago.
I'm currently seeking a review of the court officer's order and I want to know what will be the right way for me to go about it
Just completing a N244 and I'm having issues with 10 statement of truth section
Expert:  Jo C. replied 1 year ago.

What specific ground did you quote for the out of time stat dec? Was it that you hadn't received the documents?

Customer: replied 1 year ago.
I just uploaded a copy of the PE3 form I sent for the appeal, I ticked the I did not receive the notice to owner /penalty charge notice
Expert:  Jo C. replied 1 year ago.

The out of time stat dec is cropped so I can't read it properly.

However, you do seem to have addressed the issue which is why you didn't act in time. The Council are correct basically. There is caselaw that places the onus upon the registered keeper to ensure that he has kept tabs on his post.

That said, most out of time stat decs are refused and accepted upon appeal so it would be worth an appeal. There will be cost and there is inconvenience as you have to go to court but it is often successful.

Can I clarify anything for you?

Jo

Customer: replied 1 year ago.
I basically need help with this 2 sections of the N244 form ( 3 and 10) if you can give me a little pointer on what to say for 3 and just how to complete the section 10
Really appreciate your help
Clueless about all this
Expert:  Jo C. replied 1 year ago.

All you need to cover in an out of time stat dec is why it wasn't done in time.

That is the only ground. In fairness, you did cover that in your original application.

However, sometimes you have to appeal.

You can always just say that they should see attached witness statement but you could summarise it in S10.

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