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This page is reserved for a complete breakdown of the RTA 1991, Schedule 6 breaches, that occur. This is not conjecture. As this is being unfolded plrease refer to here....... Section Index CPR 75 TEC FACT SHEET.
It is important to understand that there is trust being given here and it is being abused along with the relevant statutory breach that renders the omissions actionable as a cause. Proving it, is not easy, the Author has done so, and it was achieved by using several disciplines at his disposal, which are here...
This is to be written up.... This section refers to CPR 75. 5 where the identical opportunities; as in the appeals procedure are awaiting you for them to take advantage, slightly different,and of course where a bailiff has visited without prior receipt of a Warrant and Appeal form here also. TF. This is to be written up....meantime go here..
CPR 75 here.... 75.3 (1) The authority must file a request in the appropriate form scheduling the amount claimed to be due. (2) The authority must, in that request or in another manner approved by the court officer (a) certify – (i) that 14 days have elapsed since service of the notice of the amount due; (ii) the date of such service; (iii) the number of the notice of the amount due; and (iv) that the amount due remains unpaid; (b) specify the grounds (whether by reference to the appropriate code or otherwise), as stated in the notice, on which the authority claims to be entitled to claim that amount; and (c) state – (i) the name, title and address of the respondent; (ii) the registration number of the vehicle concerned; (iii) the authority's address for service; (iv) the court fee; and (v) such other matters as required by the practice direction. (3) On receipt of a request that meets the requirements of paragraphs (1) and (2), the court officer will order that the amount due may be recovered as if it were payable under a county court order by sealing the request and returning it to the authority. (4) On receipt of a sealed request the authority may draw up an order and must attach to it a form of statutory declaration for the respondent's use. (5) Within 14 days of receipt of the sealed request, the authority must serve the order (and the form of statutory declaration) on the respondent in accordance with Part 6. (6) Where an order is served by first class post (or an alternative service which provides for delivery on the next working day) rule 6.7 is modified so that the date of service will be deemed to be the seventh day after the date on which the order was sent to the respondent. Functions of court officer -------------------------------------------------------------------------------- 75.5 (1) The practice direction sets out circumstances in which a court officer may exercise the functions of the court or a district judge. (2) Any party may request any decision of a court officer to be reviewed by a district judge. (3) Such a request must be made within 14 days of service of the decision. Warrant of execution -------------------------------------------------------------------------------- 75.7 (1) An authority seeking the issue of a warrant of execution must file a request – (a) certifying the amount remaining due under the order; (b) specifying the date of service of the order on the respondent; and (c) certifying that the relevant period has elapsed. (2) The court will seal the request and return it to the authority. (3) Within 7 days of the sealing of the request the authority must prepare the warrant in the appropriate form. (4) No payment under a warrant will be made to the court. (5) For the purposes of execution a warrant will be valid for 12 months beginning with the date of its issue. (6) An authority may not renew a warrant issued in accordance with this Part. Revocation of order -------------------------------------------------------------------------------- 75.8 Where, in accordance with any enactment, an order is deemed to have been revoked following the filing of a statutory declaration – (a) the court will serve a copy of the statutory declaration on the authority; (b) any execution issued on the order will cease to have effect; and (c) if appropriate, the authority must inform any bailiff instructed to levy execution of the withdrawal of the warrant as soon as possible. Transfer for enforcement -------------------------------------------------------------------------------- 75.9 If an authority requests the transfer of proceedings to another county court for enforcement, the request must – (a) where the authority has not attempted to enforce by execution, give the reason why no such attempt was made; (b) certify that there has been no relevant return to the warrant of execution; (c) specify the date of service of the order on the respondent; and (d) certify that the relevant period has elapsed.
TEC Fact sheet. Comment; when you file a statutory declaration p2/p3 the PCN gets referred back to the council, not revoked. It then gets any bailiff action suspended during this period when the council accepts or rejects the appeal, usually 20-25 days. If the council rejects the appeal, then it goes to a TEC court officer to decide what next, and he will usually accept the council's rejection and reject the appeal. DURING this PERIOD it is very IMPORTANT, that you are ready with the NEXT statutory declaration N244, that requests TEC's decision (part 2 of the form) to have the court officer's decision SET ASIDE, ant then the case get transferred to your local county court for a hearing. The N244 is free, usually in standard proceedings it costs £65. PATAS and TEC are like logic gates, they are supposed to be impartial, and decisions taken on strict facts, mitigating circumstances have to be somewhat force majeure. When tested or examined for bias, PATAS is found in the author's observance to be biased in favour of the council, and arguments that say they are independent usually are found from government or self promoting advocates of the system that is a ring fence to an abattoir. Mercy rarely exists in this scheme. THE TRAFFIC ENFORCEMENT CENTRE (TEC) The Traffic Enforcement Centre (formally the Parking Enforcement Centre) was established to put into effect procedures, for dealing with unpaid parking fines, bus lane contravention’s, vehicle emission penalties, Congestion Charging and Moving Contravention’s. The TEC is based at the County Court Bulk Centre and operates as apart of Northampton County Court. What happens before the penalty charge/fixed penalty is registered? The following stages occur before the charge is registered with TEC in the case of parking and bus lane penalties: 1.A Penalty Charge Notice would have been issued. This should have been paid or appealed against as per instructions given on the notice. 2.A Notice to Owner/Enforcement Notice/Penalty Charge Notice would have been sent to the registered keeper of the vehicle (not necessarily the driver at the time of the offence). This amount should have been paid or disputed. Representations should have been made in writing to the Local Authority and, if appropriate, an appeal made to the Parking/Traffic Adjudicator. 3.A Charge Certificate would have been issued 28 days after the penalty charge notice. The penalty charge is increased by 50%. This should have been paid to the Local Authority. In the case of vehicle emissions, only a Fixed Penalty Notice is issued to the vehicle driver. This should have been paid or a hearing into the offence requested. If no action is taken after 28 days, the penalty will increase. If the penalty charge/fixed penalty notice still remains unpaid after a further 14 days, the Local Authority may register it with the TEC to recover the outstanding amount under a county court order. What should I do if I have already paid the penalty charge/fixed penalty? You must contact the Local Authority with your proof of payment. If you do nothing the Local Authority may attempt to recover the penalty charge/fixed penalty. What should I do if I wish to contest the charge? At this stage for parking and bus lane contravention’s there are only three grounds under which the charge may be contested: 1.The Notice to Owner/Enforcement Notice/Penalty Charge Notice was not received. 2.Formal representations against the Notice to Owner/Enforcement Notice/Penalty Charge Notice have been made to the Local Authority within 28 days of the service of the notice to owner/Enforcement Notice/Penalty Charge Notice but a rejection notice has not been received. 3.An appeal has been made to the Parking/Traffic Adjudicator against the Local Authority’s decision to reject the representation within 28 days of the service of the rejection notice but no response has been received. In the case of vehicle emissions only two grounds are permissible: 1.The Fixed Penalty Notice has not been received. 2.A request for the variation of the Fixed Penalty has been made to the authority pursuant to Regulation 19 of the Road Traffic (Vehicle Emissions) (Fixed Penalty) (England) Regulations 2002, but you did not receive notification that the Fixed Penalty had been reduced or (as the case may be) that your request had been refused nor of the amount that was payable. If any of these apply you should file a Statutory Declaration with TEC within 21 days from the date of the Order of Recovery. If your Penalty Charge is a London Borough Parking Offence only one ground for appeal can be indicated and the witness must provide a full postal address. If you wish to challenge the charge for any other reason for example, you simply disagree with the rejection of your representation you should not make a Statutory Declaration but should contact the Local Authority directly. Where can my Statutory Declaration be sworn? Your Statutory Declaration must be witnessed (sworn) by any of the following before it can be accepted by the TEC: 1.An officer appointed by the Judge to take affidavits. These can be found at your Local County Court. No fee is payable for this service. 2.A Justice of the Peace at any Magistrates Court. You may have to pay a fee and should contact your Local Magistrates Court for further information. 3.A Solicitor or Commissioner for Oaths. You may have to pay a fee and should contact the Solicitors office for details. What happens if I file a valid Statutory Declaration? TEC will revoke the Order for Recovery. This does not mean that the penalty charge/fixed penalty has been cancelled. The Local Authority may continue the process; they will contact you if they intend to take any further action. What happens if I do not respond? If you do not file a valid Statutory Declaration with TEC within 21 days of the date of the Order for Recovery, the Local Authority may enforce the charge by requesting a warrant. When the warrant has been authorised by TEC, the Local Authority will employ certificated bailiffs to execute the warrant. What should I do if the Bailiff has been instructed and I wish to appeal? Provided a Statutory Declaration can be filed under one or more of the grounds and there was a good reason why the Statutory Declaration was not filed earlier (within the 21 day time limit), you should contact the TEC on 08457 045007 to request a Late Statutory Declaration. This should be sent to the TEC and not the Local Authority. Who do I pay? You must send any payment direct to the Local Authority. Any payments received by TEC will be returned. If you have any queries regarding payment arrangements you must contact the Local Authority. How do I find out if a warrant has been issued? You may contact the Local Authority or TEC to find out if a warrant has been issued. (If you contact TEC you must quote the penalty charge/fixed penalty notice number. TEC is unable to trace your case without it). Who do I contact regarding Bailiff action? As the Local Authority employs the bailiffs, any queries must be addressed to the bailiffs or the Local Authority. TEC cannot suspend or cancel any bailiff action. Any complaints about the conduct of a bailiff must be made to the county court that issued the certificate for the bailiff and not the TEC. Will the charge be registered as a judgement? Although the charge is registered in the county court, the information is not held on the Register of County Court Judgements. Further advice TEC staff cannot give you advice on points of law, but can send you form’s and give you information about TEC procedures. When corresponding with TEC please ensure that the penalty charge/fixed penalty notice number is quoted in full.
* Culpability as the function of anticipation and expectation. * Syllogistic reasoning with either the classic major & minor premises or implied premises. * The three laws of thought that render judgments irrefutable in any time, world or space. * Their corresponding verification using matrix truth tables in the calculus of logic. * Judgments of subsumption and comparison. * Scientific Methodology and its substrate of necessary and sufficient conditions in nomic relationships. * Venn Diagrams and class concepts. * Frege's 'Sense and Reference', and Russel's 'On Denoting'. * Newtons 1st law of motion upgraded with the teleology of goal seeking entities, and observations of their employment in what is best described as the function of a goal and the critical path being followed in a course of conduct, that includes the management of personnel on a 'need to know' basis and precision manipulation to permit the parties coming to the front and stating truthfully they are 'NOT AWARE'. * Widespread use of economy of truth, and false emphasis in the art of 'suppression veri' and 'suggestio falsi'. * Cloaking assertions in the aforesaid economies of truth, and providing the context that gives them credibility and authority that is fallacious. * Classic fallacies, plus a new set of fallacies of conduct observed in widespread use, and underpinning 'spin'. References are also made to Heraclitus, theory of flux, Plato's forms, and Aristotle's laws of thought, where the chrono topology of the laws of thought is set outside the framework. * And the more objective correspondence theory that is intuitive in Aristotle's definition of Truth as opposed to Russell's that is more subjective. * Unambiguous and unequivocal contextual inferencing, a discipline that is not as far as the author can see, used widely if at all. It has its complexities and relies on aggregates of conjunctive and disjunctive propositions. Probably this is the more difficult to understand, but is was many times, and in a cause in action twice, to absolute precision in a determination, and established as very reliable at a high level in the balance of probabilities. Where possible, these will be explained in short sentences that give greater insight. The academia for these expositions are not required by the reader at all, they are stated as references, and will be referred to very briefly. While this all sounds perhaps somewhat pretentious, I shall depose two sentences that are exemplary of two of the disciplines in use here, to show they are most certainly not mere abstractions but that civilisation as we know it relies on them entirely for their efficacy and pragmatic reliability. TWO disciplines. 1. Scientific methodology and the use of necessary and sufficient conditions. Sufficient and necessary conditions. Best expressed as a conditional, easily understood in this simplest of unqualified example. IF there is one simple condition, or nomic relationship for the existence of life, THEN, the presence of oxygen is necessary for life, if and only if the absence of oxygen is sufficient for the absence of life. If there are more conditions, then substitute water for oxygen in the above and you have two conditions or causes. If there are more, one may substitute vitamin D, and observe what happens and discover that where it is absent then rickets occurs and where present it does not, so that has determined a cause of rickets, but not life. These principles are behind medical aetiologies, and all nomic or causal relationships. 2. Truth and correspondence, theory much easier. ”To say of what is that it is not, or of what is not that it is, is false, while to say of what is that it is, or of what is not that it is not, is true.”