Newlyns PCN *Success*

[delta157]

I've recently helped a vulnerable adult that has had a PCN. It had gone out to enforcement as an EA had turned up out of the blue.

No NoE, (typical) but, this one was quite polite. I was contacted by phone, whilst the EA was there and reminded him about the National Standards, as they tried to clamp a Motability car. (No blue badge on display but in a reserved space)

Explained that we will appeal via the TEC, he scoffed but didn't complain. We originally appealled the PCN within the prescribed time limits and heard nothing back. Rules state the LA MUST inform you of their decision within 28 days.

The LA had failed in this regard. Normal process continued right up to where we were then. We put in an OOT appeal using the 28 day rule, then we waited and waited.

Today we hear back from the TEC we won our OOT appeal. PCN back to day one. This will now be paid in full Monday morning. The call will be recorded for confirmation of payment made.

So, yet again no enforcement fees added and debt reduced and back in house. This saved the debtor £310 All with out arguing with the EA or template letters.

It pays to talk politely and not get upset with the EA after all it's their job. If you're respectful it may see them change their attitude a bit.

This is another success and I'm proud.

So on the back of this I am going to be speaking to Motability Operations (legal section) in regards to how we can stop the hire person being held responsible for traffic offenses if they DO NOT hold a driving license or those of their authorised drivers.

[zeke]

I've recently helped a vulnerable adult that has had a PCN. It had gone out to enforcement as an EA had turned up out of the blue.

No NoE, (typical) but, this one was quite polite. I was contacted by phone, whilst the EA was there and reminded him about the National Standards, as they tried to clamp a Motability car. (No blue badge on display but in a reserved space)

A Motability car doesn't need a blue bad to be displayed. It cannot be clamped.

Explained that we will appeal via the TEC, he scoffed but didn't complain. We originally appealled the PCN within the prescribed time limits and heard nothing back. Rules state the LA MUST inform you of their decision within 28 days.

Can you dig out that 28-day rule the LA must inform an applicant the decision of the appeal?

I am blighted with cases when an appeal is dismissed, nobody informs the appellant and he only learns when the bailiffs return on ambush.

The LA had failed in this regard. Normal process continued right up to where we were then. We put in an OOT appeal using the 28 day rule, then we waited and waited.

Today we hear back from the TEC we won our OOT appeal. PCN back to day one. This will now be paid in full Monday morning. The call will be recorded for confirmation of payment made.

So, yet again no enforcement fees added and debt reduced and back in house. This saved the debtor £310 All with out arguing with the EA or template letters.

It pays to talk politely and not get upset with the EA after all it's their job. If you're respectful it may see them change their attitude a bit.

This is another success and I'm proud.

Well done, you did well in dealing with the OOT and saving the victim £310 and the parking fine. Only the driver is liable for the original fine.

The driver may be able to appeal the original fine because its very difficult for a council to pin a (non-moving) traffic debt on a Motability vehicle because the blue badge gives a lot of priviledges.

So on the back of this I am going to be speaking to Motability Operations (legal section) in regards to how we can stop the hire person being held responsible for traffic offenses if they DO NOT hold a driving license or those of their authorised drivers.

The Motability charity already has a procedure in place for dealing with their vehicles being clamped and removed. Its now very rare, but I cannot discuss the procedure in public because the enforcement industry will learn it and may try and circumvent it. The procedure is not an obvious one, and they do not interplead the vehicle with the court.

[delta157]

The reasons for the 28 day ruling or advice is clearly displayed on the TEC SITE or the London Appeal sites , if you look under why are you appealing it should come up there.

I'll add a link once my PC is back from it's long overdue service. So far on my phone I've found similar here >> https://www.londontribunals.gov.uk/eat/ ... rocess#nor look under witness statement it says.
You made representations to the enforcement authority concerned but did not receive a Notice of Rejection from that authority; or

Then it says ...
The completed witness statement should be returned to the Traffic Enforcement Centre within 21 days beginning with the date of service of the Order for Recovery, (although there are provisions for the court to allow longer.) Bracketed was our reason for appeal.

More to follow when I have my reading glasses on and a bigger screen...

[zeke]

The regulations are https://www.justice.gov.uk/courts/proce ... les/part75 and the practice directions are https://www.justice.gov.uk/courts/proce ... /pd_part75 but nothing in them says the authority must give the outcome of the SD or witness statement in 28 days. Under PD8.1/CPR75.8 the only requirement is to suspend the warrant on the application and the enforcement power ends if the order is revoked. I've been hunting for a while without success.

[delta157]

Ill use my google history to locate it asap

[zeke]

I'll be amazed if you find something. I've always thought the law is silent on telling the driver the outcome of a witness statement or SD.

[Syd Snitkin]

The reasons for the 28 day ruling or advice is clearly displayed on the TEC SITE or the London Appeal sites , if you look under why are you appealing it should come up there.

I'll add a link once my PC is back from it's long overdue service. So far on my phone I've found similar here >> https://www.londontribunals.gov.uk/eat/ ... rocess#nor look under witness statement it says.
You made representations to the enforcement authority concerned but did not receive a Notice of Rejection from that authority; or

That particular link says they have 56 days to serve notice of acceptance or rejection. After 56 days with no reply, the appellant can assume it's been accepted.

[delta157]

This is why I hate using my mobile, its in my history, o trying to locate it now

[zeke]

I really need something statutory because if I were to draft a claim relying on the Tribunals website, the judge will dismiss it as being not authority.

Also, London tribunals don't to OOT PE3 and TE9's and that is where the volume inquiries on DWB go.