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This is my first post on this site, let me introduce myself I’m Terry from
London UK its a long post so be patient I don’t waffle this much in real life I
promise…!!
I’m going back to a PCN issued in May 2003 by Bexley Council to myself for a
vehicle that I ceased to own in December 2002.
20th October 2003 I receive a NTO. I respond saying I no longer own the vehicle
3rd December 2003 I receive a charge certificate so I request a letter from DVLA
stating I wasn’t the owner of the vehicle letter received 6 January 2004
12th January 2004 Bexley pass it to a debt collecting agent because they say my
letter was outside of the statutory 28 day period that is allowed for me to
contest, incidentally I furnished them with details for the new owner also.
20 months later, 4th October 2005 an order for recovery/statutory declaration was
posted to me. They allege…
19th December 2005 a warrant of execution was granted and referred to the
councils bailiffs for recovery (they allege but I didn’t receive any contact
for this occasion or the one above).
Approximately 26th November 2006 I receive a doorstep visit from a bailiff to enforce so
i produce previously requested letter from DVLA and state I wasn’t the owner, the
bailiff turns round and departs being that I had given him plausible
explanation, I contact Bexley and they say I have to contact traffic enforcement
Northampton and make statutory declaration to tie ends up they say. I now
receive no letter from the court but do receive a letter from Bexley outlining why
they are contesting my evidence their summary goes…
Summary : As stated above the respondent failed to respond to the notice to owner in the
stipulated 28 day time limit. Bexley council therefore didn’t issue a notice of
rejection of representations.
I declared on the Statutory Declaration that I figured I had furnished them with proof in
the form of my letter from DVLA and supplying new owner details as far as I was
concerned that was the end of the matter and they hadn’t receipted that letter
but had received it. When I made further enquiries after this last episode a
girl from the council said they hadn’t received any such letter from me as proof,
however they now admit that they received my letter in the court evidence but
hey guess what they don’t make recordings of phone calls conveniently, they claim
my letter isn’t sufficient evidence as the DVLA adjustment for ownership is
retrospective… how can this be? if DVLA are satisfied I wasnt the owner (was
told that on the phone by DVLA) then why aren’t Bexley?? by the way my PCN with
bailiff charges has now rocketed to 466 quid!!!!
i have just received a form N244 from the Bulk Centre at Northampton. They have said they
have refused my Statury Declaration for out of time and now want me to fill in this N244 form for
referral to a local County Court. What does this mean exactly I was expecting some kind
of appeal to happen at PATAS or is this in fact the same as PATAS? I am confused as to the
process if anyone could help. I understand from this N244 form they want me to
basically supply my evidence on it and return it to them then they will refer
it. I intend to use the get out clause as per two dates on the PCN as no one
will seem to listen to the fact that I didn’t own the vehicle at the time of the
contravention (I have two letters dated separately stating as such). I realise when
I go to court revealing my letters I have from DVLA to a judge should effectively
clear me but if even he seems to think its not enough evidence then I can also
rely on the two dates get clause out right??
I have been pursued for nearly four years now over this PCN and feel Bexley are
just trying to get me on a technicality, if my DVLA ownership adjustment is
retrospect how come DVLA are happy to accept that I wasn’t the owner and have
adjusted their records to say as such?
I have 14 working days to send back my N244 form what I don’t understand is am I
just supplying my version of why the court officer should set aside his decision
to refuse my out of time Stat Dec of or do I in fact supply all of my evidence
regarding the contravention. It would appear upon further investigation they
want to refer it to a local county court (this wouldn’t be the correct of ideal
forum to present my case right?) surely I need to try and get my case to PATAS
for more chance??
Complaint dated January 2007 extracted from Consumer Action website : March 2011
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