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Edward and family, from Willesden has challenged a case of Bailiff Enforcement for a parking ticket from

that stood at £395.00 until a Statutory Declaration form P2/P3 was filed,

out of time with the Traffic Enforcement Centre “TEC”.

The bailiff's bill was referred back to the council on 28th November 2006, and the case is in progress at this point with an invalid parking ticket “PCN” and invalid Notice of rejection “NoR” and address to a chap who doesn't exist – Mr. Dry Cleaner -. I wonder what they will try on next?

These are Ed's pages.

THIS is a FREE site, and ALL such cases get posted with credit to their originators and helpers.


Index to sections...

Main Statutory Declaration

Original Bailiff notice Exhibit 1,

Bailiff threats, holds and then threats unlawfully...... Exhibit 2, Exhibit 3.

Comment


Actual Statutory Declaration used to dispute the validity of Camden's PCN and NoR.

The template important parts for you are in blue. Remainder is mostly part of the form and your own details.



S............... DRY CLEANER

E...........-J...... S..................

Traffic Enforcement Centre

County Court Bulk Centre

5th Floor, St Katharine’s House

21-27 St Katharine’s Street

Northampton

NN1 2LH

DX 702885 Northampton 7

T 0845 704 5007

F 0845 707 8607

E customerservice.tec@

hmcourts-service.gsi.gov.uk

Minicom VII 0800 358 3506

(Helpline for the deaf and hard of hearing)

www.hmcourts-service.gov.uk

Court Business Hours- 8:15am-4:00pm


Tuesday 24th October 2006.

Our ref: TEC/RD

Dear Sir


Penalty Charge Number: CD 1442505 ?


The Traffic Enforcement Centre (TEC) is a registration point for local authorities to register unpaid penalty charges with the county court for enforcement. When a penalty charge is registered with the Traffic Enforcement Centre, an Order for Recovery is sent to yourself to inform you that you have 21 days to either pay or appeal using a Statutory Declaration. Once the time limit expires an appeal can still be made by completing an application to file a Statutory Declaration Out of Time together with a Statutory Declaration. Please find enclosed an application to file a Statutory Declaration Out of time and a Statutory Declaration.


On receipt of your application the Traffic Enforcement Centre (TEC) will:

  • Notify the Local Authority concerned that an application has been received and processed. Upon receipt of this notification the Local Authority will suspend any enforcement action. A copy of your application will be sent to the Local Authority concerned by post.

  • The Local Authority is given 14 working days to decide if they wish to accept or reject your application.

  • If the Local Authority accepts your application within this time limit, the court registration will be revoked (cancelled). This does not cancel the original penalty charge. The matter will be referred back to the Local Authority.

  • If the Local Authority rejects your application, the court file will be referred without a hearing to a Court Officer who will make an impartial decision. You will be notified of the result.


Please see attached guidance notes for your reference. Should you have any further queries please contact this office.


Yours sincerely,


R. Denny

For the Traffic Enforcement Centre

Statutory Declaration – unpaid penalty charge Form PE3


Traffic Enforcement Centre

Northampton County Court Bulk Centre

St Katharine’s House

21-27 St Katharine’s Street

Northampton, NN1 2LH

Penalty Charge Number

C CD 1442505 ?

Vehicle Registration Number

Applicant

Location of Contravention

Date of Contravention


Give full details and tick the box which applies. If your penalty charge relates to a London Borough Parking contravention you must only tick one box. You must ensure that all details above are correctly entered from the Order for Recovery of unpaid penalty charge.

You must then have the form sworn before a Commissioner for Oaths (e.g. a Solicitor), a Justice of the Peace (at any Magistrates Court) or an officer of your local county court before sending the declaration to the Traffic Enforcement Centre at the above address. You may have to pay a fee.


I, (full name and address of the respondent including postcode), please complete this form in BLOCK CAPITALS and in black ink.

The above named respondent, declare that: (tick the box, which applies)

I did not receive the:

Notice to Owner (Parking contravention) or

Enforcement Notice (Bus lane contravention) or

Penalty Charge Notice (Moving Traffic contravention or Congestion Charging contravention)

I made representations about the penalty charge to the local authority concerned within 28 days of the service of the Notice to Owner/Enforcement Notice/Penalty Charge Notice, but did not receive a rejection notice.

I appealed to the Parking/Traffic Adjudicator against the local authority’s decision to reject my representation, within 28 days of service of the rejection notice, but have had no response to my appeal.


My reasons are (give full reasons)

(1) The CD or parking ticket / penalty charge notice is non compliant with statute, Road Traffic Act 1991, Section 66 (3), (c), (d).... and has several rulings against its format. ie;

Al's Bar -v- London Borough of Wandsworth,

Moulder -v- London Borough of Sutton AND

Barnet V Moses 2nd August 2006 in Front of Mr. Justice Jackson.

  • Where in the last, the ruling states that TWO expressed DATES must appear on the body of the notice.

(2) The notice of rejection is non compliant with statute, Road Traffic Act 1991,

The Notice to Owner (NtO) does not conform to paragraph 1(2)(c) of Schedule 6 which

  • since the time period stipulated for paying or making representations is, “before the end

  • of the period of 28 days beginning with the date on which the notice to owner is served

  • (my emphasis)”.

I refer this to the following case

National Parking Adjudication Service Case No: AY 05003B

Adjudicator’s Decision, Mrs Deepa Lukha and Aylesbury Vale District Council


(3) Documentation is addressed to Mr. Dry Cleaner. There is no such person at this address...

(4) The bailiff appears to not be certified with the HMCS but this will be confirmed at a later date, as to where the certification is listed...

(5) The allegation of one wheel being slightly over the bay line is unproven.

I am not very good at speaking English, and do not understand the law very well.

I have taken advice, and on learning that the CD ticket, notice of rejection and name of

addressee are all non compliant with the law.


Important: Filing a false declaration knowingly and wilfully is a criminal offence under Section 5 of the Perjury Act 1911 and you may be imprisoned for up to 2 years or fined or both.


I do solemnly and sincerely declare that the information given here is true.

Signed:

Dated:



Declared at: in the


This day of 20


Before me at*


Commissioner for Oaths/Officer of the Court appointed by the Judge to take affidavits/Justice of the Peace (Please delete as appropriate)

*The Statutory Declaration will not be accepted without a full postal address

Any amendments to your forms will require them to be re-witnessed

NOTE: If the form is not completed and sworn in accordance with the instructions above it cannot be accepted.

Form PE3 Statutory Declaration unpaid penalty charge (CPR Part 75)

Application to file a Statutory Declaration Out of Time Form PE2


Traffic Enforcement Centre

Northampton County Court Bulk Centre

St Katharine’s House

21-27 St Katharine’s Street

Northampton, NN1 2LH

Penalty Charge Number

CD 1442505 ?

Vehicle Registration Number

Applicant

Location of Contravention

Date of Contravention

This declaration must be sworn before a Commissioner for Oaths (e.g. a Solicitor), a Justice of the Peace (at any Magistrates Court) or an officer of your local county court before sending the declaration to the Traffic Enforcement Centre at the above address. You may have to pay a fee.


I, (full name and address of the respondent including postcode), please complete this form in BLOCK CAPITALS and in black ink.



The above named respondent applies for leave to file a Statutory Declaration out of time.


My reasons for filing the Statutory Declaration outside the given time are as follows: (Please give full details).

(Do not give your reasons for appeal against the original penalty charge on this form).


I file this Statutory Declaration out of time, because I was not aware or expressly made aware that I could file such a document, on reasons of illegal paperwork, being under the pressure to focus only on the very minor aspect of the alleged contravention itself and negligently not being made aware of my rights as to the requirement that documentation being served on me, had likewise to not be in contravention of statute. I feel unfair advantage has been taken of me in my lack of knowledge in this field, and a full remedy should be made available to restore me to normality.

I did not receive any documentation as previously stated, that would lead me to any recognition of the fact that a statutory Declaration would be required to stop this procedure and have it re-examined for contraventions of considerable illegality.

I became aware of the unlawful procedure, when a Bailiff visited me, and I then took legal advice.




Important: Filing a false declaration knowingly and wilfully is a criminal offence under Section 5 of the Perjury Act 1911 and you may be imprisoned for up to 2 years or fined or both.


I do solemnly and sincerely declare that the information given here is true.

Signed:

Dated:



Declared at: in the



This day of 20


Before me at*




Commissioner for Oaths/Officer of the Court appointed by the Judge to take affidavits/Justice of the Peace (Please delete as appropriate)

*The Statutory Declaration will not be accepted without a full postal address

Any amendments to your forms will require them to be re-witnessed

NOTE: If the form is not completed and sworn in accordance with the instructions above it cannot be accepted.

Form PE2 Statutory Declaration unpaid penalty charge (CPR Part 75)


The games played, E1 the original charge. £390.24


-The

E2 The TEC debt registration takes over for 20 days, is processed, and the account goes on hold.

DATED 1st NOVEMBER. £100 paid on account, £289.24



WHILE the debt is on hold at TEC, What do Newlyns do? Read what it says......

E2 DATED 10tht NOVEMBER. No more paid, amount changed to £168.16.

The amount is adjusted, and a notice of seizure is sent out while there is NO warrant to enforce it.

Saying We have been instructed by the LB Camden, to recover the penalty by way of distraint action, BAILIFF, REMOVAL VAN, SEIZE and DISTRAIN,

ALL IN ACCORDANCE WITH THE LAW....... What law was that? The law of the jungle?

A bailiff or instructing client (Camden) with questionable integrity???? We thought this was already exposed and checked on the BBC Whistle Blower programme, abut as you can see, still up to unlawful threats.

CAN YOU guess what they want?



THE LAW on

Debt Collection Harassment

My creditors keep calling at work and late in the evening - are they allowed to do this and how would you advise I deal with it?

There are several laws which cover harassment of debtors by creditors as well as recognised guidelines which set out what is considered unreasonable behaviour by creditors.

The Administration of Justice Act 1970 S.40 makes it a Criminal Offence for a creditor or a creditor's agent (often a debt collection agency) to make demands (for money), which are aimed at causing "alarm, distress or humiliation, because of their frequency or publicity or manner". Equally, a creditor will be committing an offence if they falsely imply that non-payment of the debt will lead to criminal proceedings; or the creditor pretends to be someone they are not e.g. a court official or bailiff. It is also an offence to send a person a document which looks like it has been sent from a court.

If you feel you are subject to Debt Collection Harassment then this too could be classed as a criminal offence. Harassment can be verbal or in writing and would include making repeated calls to your workplace or in anti social hours. The Protection from Harassment Act 1997 makes it a Criminal Offence for any person to pursue a course of action "which they know, or ought to know, amounts to harassment of another person".

The Office of Fair Trading (OFT) has produced a set of Debt Collection and Debt Management Guidelines which sets out the types of debt collection practices which the OFT considers to be unfair. The guidelines do not apply to routine debt collection but are applicable to all accounts where payments have been missed, or are in arrears. The Guidelines include a section on 'contacting debtors at unreasonable times and intervals'. Whilst the guidance does not spell out the types/times of when contact should occur, it does provide a list of examples which it might consider unfair: repeatedly calling at unsociable hours, calling places of work, or calling on Neighbours and disclosing the reason they are making these enquiries.

If you think a creditor has broken the law or has breached these guidelines- you should first raise it with the creditor or collector concerned. To start this process you will need to gather evidence. The first step is to record the times and contents of visits and calls, and to save any threatening letters. You should then write a letter of complaint informing the creditor that you are aware of the Debt Collection Guidelines and believe they are in breach of these as well as possibly been in breach of section 40 of the Administration of Justice Act. Ask them to stop what they are doing. You must however, tell the creditor how you would prefer to be contacted. If the situation does not improve you can make a more formal complaint against a creditor.

If the creditor continues to harass then you can make a complaint to the local Trading Standards Department or go to your local Citizens Advice Bureau. If the problem does not get resolved you could send your complaint to the Office of Fair Trading - who do not usually take up individual cases but their Debt Collection Enforcement Team collects information from various sources and can use it to remove the creditors Consumer Credit Licence.

If the behaviour of the creditor (or any bailiffs or credit collection companies acting on behalf of the creditor) becomes at all violent or extremely threatening the Police should be informed immediately.