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Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 70299
Experience:  Over 5 years in practice.
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I responded to an Order for recovery of unpaid penalty charge

Customer Question

I responded to an Order for recovery of unpaid penalty charge by filing a statement form TE9 but given no response from court, instead received 2 bailiffs notices 3 months later. Do I have any recourse?
Submitted: 4 years ago.
Category: UK Traffic Law
Expert:  Jo C. replied 4 years ago.

Jomo1972 :

How can I help with this?

JACUSTOMER-xus233kh- :

Is it possible to speak on telephone as it is a bit detailed and my typing is slow

JACUSTOMER-xus233kh- :

I received a PCN in June for parking outside bay area, not within lines. It is a notoriously difficult parking lot that is difficult to manoeuvre in and congested making it hard to get a perfect fit. I responded to PCN as instructed on reverse of tkt, HOW TO CHALLENGE THIS TKT, via email within 3 days. I received no response. I followed this up with several subsequent emails explaining my position and including photos of bay to illustrate point. I was anxious for a response as I wanted to avoid doubling fine if my challenge was rejected. I kept a detailed record of all my correspondence believing this proved intent and that I had responded within time limit.

JACUSTOMER-xus233kh- :

I recieved a notice to Owner in July, and a charge cert in Aug, no response to challenge tho, so I kept writing asking why they had not responded to initial emails providing copies of all, saying I would not pay increased fine. They provide no way other than post or email to contact them making communication difficult. In sept I recieved an Enquiry Response rejecting my challenge saying it was to late! Again I responded including hard copies of all communication detailing my immediate challenge as I felt I should not have to pay more than initial tkt. In Jan I received Order for Recovery and filled out form provided asking to make a statement and detailing events. I received nothing more until 2 weeks ago when I received notice from Bailiff.

JACUSTOMER-xus233kh- :

I want to know if I should file TE9 again and TE7 to file a statement, fine has now gone from 30 to £414 for Attendance to remove.

Expert:  Jo C. replied 4 years ago.
I've converted this to q and a because I couldn't respond in chat.

Do you deny the offence?
Customer: replied 4 years ago.

Sorry have just put all the details of incident on our initial chat,


I received a PCN in June for parking outside bay area, not within lines. It is a notoriously difficult parking lot that is difficult to manoeuvre in and congested making it hard to get a perfect fit. I responded to PCN as instructed on reverse of tkt, HOW TO CHALLENGE THIS TKT, via email within 3 days. I received no response. I followed this up with several subsequent emails explaining my position and including photos of bay to illustrate point. I was anxious for a response as I wanted to avoid doubling fine if my challenge was rejected. I kept a detailed record of all my correspondence believing this proved intent and that I had responded within time limit.I recieved a notice to Owner in July, and a charge cert in Aug, no response to challenge tho, so I kept writing asking why they had not responded to initial emails providing copies of all, saying I would not pay increased fine. They provide no way other than post or email to contact them making communication difficult. In sept I recieved an Enquiry Response rejecting my challenge saying it was to late! Again I responded including hard copies of all communication detailing my immediate challenge as I felt I should not have to pay more than initial tkt. In Jan I received Order for Recovery and filled out form provided asking to make a statement and detailing events. I received nothing more until 2 weeks ago when I received notice from Bailiff.I want to know if I should file TE9 again and TE7 to file a statement, fine has now gone from 30 to £414 for Attendance to remove.


 

Expert:  Jo C. replied 4 years ago.
OK.

But forget all of that.

Do you have a defence to the actual charge of parking outside of the lines?

Customer: replied 4 years ago.

A defence yes, but actually don't care to pursue that as I have no evidence other than photos from a different day. What I do want to contest at this point is escalation in fee

Expert:  Jo C. replied 4 years ago.
OK.

On what grounds did you fill out the out of time stat dec?

I am due in court this afternoon so don't panic if I don't come back straight away. I will pick up this afternoon.
Customer: replied 4 years ago.

Yes, responded to each notice immediately and have copies of all emails, letters etc.

Expert:  Jo C. replied 4 years ago.
Ok

But what were the grounds for the out of time stat dec?
Customer: replied 4 years ago.

what is out of time stat dec?

Expert:  Jo C. replied 4 years ago.
Ok

You made two stat decs? One in time and one out I think. I need to know what grounds you gave for the out of time stat dec?