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New Post 14/08/2008 15:17
Unresolved
User is offline craigs
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TEC Help  

 

PCN issued by a local council on 9th August 2007. I had rejected and had a full refund for the vehicle 1st June 2007.  Paperwork was not corrected with DVLA - my mistake

The council first wrote to me on 17th September 2007. I immediately provided evidence to DVLA and had ownership records corrected and backdated to 1st June 2007.

 I then wrote & challenged PCN providing evidence which they refused to accept and over the last year each time they wrote I have just replied saying i do not intend to pay as I was not the owner or keeper.

 

I probably had a rejection notice but didn’t understand the new law /  the appeals process -  I was adamant I wasn’t liable for this so was happy for it to proceed to county court.

 

Now it has gone to Northants TEC. I cannot file a statutory declaration – as there are only 3 options

1 – I did receive the PCN

2 – Not sure if I had an official  rejection – but probably did

3 – Didn’t appeal as I thought legally I don’t have to

Therefore, I requested extra time, which is where I am at now. I have until end September to file statutory declaration or pay up for something I am not liable for.

This seems absurd that the TEC (County Court?) will allow bailiffs to collect this even though I have evidence – how can I force a hearing where evidence can be considered?  Any advice?

Thanks.

 

 
New Post 14/08/2008 15:20
User is offline craigs
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Re: TEC Help  

It also seems wrong that I have to provide sufficient evidence to the Coucil / Appeal that Im not liable, yet what evidence do they have to provide to TEC? Just the fact that I had the notice and diddnt appeal in time is enough for them to make a judgement. What is going on with the Law here...

 
New Post 01/09/2008 17:22
User is offline Recycler
22 posts
www.lmag.org.uk
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Re: TEC Help  

the crucial pont is did you receive the forms to appeal to adjudication? - if not its likely you didnt receive the notice of rejection of representations.

 

What was the first letter you received? a Notice to owner presumably? - in which case from my reading of your post you didn't receive the PCN itself. thats also grounds

 
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