Greetings Law Banters

I am new to this forum and find it really help full.

Though I am not legally trained I know thing or two about the law and understand were I stand.

Recently my application to file Statutory Declaration out of time has been refused by Court Officer sitting at Northampton County Court. But......he has made a great mistake because the evidence presented by the opposing council was fundamentally flawed (see further below).

I am now submitting the N244 form to Northampton County to be reveiwed by a district judge in my local court but wanted to know how to present an additional evidence to the court. This evidence is what the opposing council relied on and contains admission of sending document to wrong address and also gives wrong dates (see further below). Now I will need to refer to this evidence in support of the statement I am giving (see further below) so do I-

a) tick 'the attached' box and then number the document in pages 1,2,3 etc
and then get it sworn in at local court.

or

c) tick 'evidence in part c in support of my application' and then leave out the document but run the risk of the judge not understanding what I am refering to.

--------------------my evidence-------------

1. On or around the 29.09.07, the Respondent’s vehicle was driven by a relative to assist the needs of disable brother which the vehicle was registered for but unfortunately, on the day, the disable batch was not present in the car and furthermore there was a genuine misunderstanding about the application of ‘pay and display’ ticket in the area.

2. On or around the 29.09.07 at approximately 15:56hrs a Penalty Charge Notification (the ‘PCN’) (Ref: REMOVED) was issued to the vehicle bearing registration No: [REMOVED] on Minet Avenue in [REMOVED].

3. Hereafter, the Respondent never received the ‘Notice to Owner’ (or any correspondences) in accordance with Section 66 (1) of the Road Traffic Act 1991 from [REMOVED] Council (the ‘Applicant Borough’) which outlines the grounds in which the original PCN could be challenge.

4. On or around 07.05.08 the Respondent received a letter directly from a bailiff company claiming to have obtained a warrant of execution to recover the unpaid charges and thus demanded immediate payment.

5. On or around 13.05.08 and 18.06.08 the Respondent filed a Statutory Declaration out of time (form PE2 and PE3) to Northampton County Court (the ‘TEC’) to state that the Notice to Owner which sets out the right to challenge the original PCN in accordance with Section 66 (1) of the Road Traffic Act 1991 was not received from the Applicant Borough but the appeal was refused.

6. But essentially, the Respondent reaffirms that no correspondence was received from the Applicant Borough who admit that all notices were served at: 21 [REMOVED], London, [REMOVED] which is neither the Respondent’s registered address with DVLA nor an address known to them (see page 3 ‘paragraph 12’ of the attached).

7. Separately, the disclosure of the Respondent’s data to third party constitutes to a breach of the Data Protection Act 1998 (the ‘Act’) and would allow the Respondent to file a complaint to the Information Commissioner under Section 42 of the Act.

8. Further and/ or alternatively, the affidavit which the Applicant Borough submits as ‘perusal of the records and facts held by the council’ fails to disclose any material facts. If the actual PCN was issued on 29.09.07 (see page 1 of the attached), how could it possibly have been issued many months earlier on 08.05.07 (see page 2 ‘paragraph 3’ of the attached). Subsequently, all the dates that follow in page 2 ‘paragraphs 4 and 5’ and page 3 ‘paragraphs 6, 7, 8, 9 and 10’ are entirely inaccurate and contradictory.

9. For these reasons, the Respondent respectfully requests that the honourable district judge to review the facts under Rule 75.5 (2) and order that the Respondents’ application to file statutory declaration out of time be allowed and the Order for Recovery of unpaid charges be revoked.

ay1000 wrote:

Greetings Law Banters

I am new to this forum and find it really help full.

It would help if you made things very much clearer to read, rather than
doing a long post which is not too coherent.
As I understand it, you have got a parking fine, as you did not display
a Disabled Persons permit, which allowed free parking.
An appeal has been turned down, so you now have to pay an extra charge.
Sorry if that is wrong, but your post was hard to clarify.

Unfortunately, if it is not displayed, then you do have to pay the
parking fee.
A letter to the relevant authorities soon after the offence, explaining
the situation, may help, and may get the fine cancelled, but being as it
is 9 months or so since the offence, then I think you will just have to
pay up this time and put it down to experience, and make sure you either
display the permit, or pay for the parking.
Alan.


--
To reply by e-mail, change the ' + ' to 'plus'.

I am new to this forum and find it really help full.

It would help if you made things very much clearer to read, rather than
doing a long post which is not too coherent.
As I understand it, you have got a parking fine, as you did not display
a Disabled Persons permit, which allowed free parking.
An appeal has been turned down, so you now have to pay an extra charge.
Sorry if that is wrong, but your post was hard to clarify.

Unfortunately, if it is not displayed, then you do have to pay the
parking fee.
A letter to the relevant authorities soon after the offence, explaining
the situation, may help, and may get the fine cancelled, but being as it
is 9 months or so since the offence, then I think you will just have to
pay up this time and put it down to experience, and make sure you either
display the permit, or pay for the parking.
Alan.


I think it is a bit more than you summarised in that the defendant claims
not to have received the original PCN.

Whether the defendant is trying to say something along the lines of "I'm
happy to pay the parking fine, but not the extra costs" or if the defendant
is trying to get out of the whole thing is, to my eyes, unclear.



Tom

ay1000 wrote:
Greetings Law Banters

I am new to this forum and find it really help full.

Though I am not legally trained I know thing or two about the law and
understand were I stand.


Oh dear oh dear. Sounds like trouble brewing.

On Fri, 1 Aug 2008 12:15:07 +0100, ay1000 put finger to keyboard and
typed:


Greetings Law Banters

I am new to this forum and find it really help full.

Though I am not legally trained I know thing or two about the law and
understand were I stand.

Two things:

1. This is not Lawbanter. This is Usenet. If you don't understand the
difference, then I suggest that you might find that your understanding
of the law is likely to be flawed as well.

2. Whatever you want, either from us or a court, you need to write in
normal English, not pseudo-legalese (especially badly spelled
pseudo-legalese). Again, your tendency to write in the manner in which
you (mis)imagine that lawyers write suggests that your understanding
of the law is not as good as you think it is.

Mark

----------Unhelpful feedback------------------

Whilst I acknowledge every ones comments, I think certain individuals who replied to this thread are quite unfriendly and to my mind misunderstood my request. If people don't have a helpful comment then I do not need them, I did not ask to be insulted but be helped.

First of all I apologise if I offended anyone by referring the legal banter to law banter, secondly I am not a lawyer or claim to be an expert in the field but was simply trying to overturn an appeal which was refused.

If people who posted their unhelpful replies read my request clearly or bothered to understand my request then they would have known that an Officer of the Court sitting at Northampton County court refused my application to file statutory declaration out of time which would have allowed me to start the appeals process at the beginning so that I can firstly write to council and if I am refused then write it to the independent adjudicator. As I have said the information submitted by the local council was incorrect and therefore I have good chance of overturning the original order. What I needed to know was how to refer to an attached document with the N244 application and I have got this from Northampton County Court.

To Mark, I do not need anything from you especially when you think insulting people helps. Clearly the time you have taken to write that suggests you are personally very aggressive person and should moderate anything. The information you refer to goes into my N244 application, if you ever filled one, and will be put before a district judge to see if the original order to refuse my application will be overturned or not. So I had no choice but to write in that manner.

ay1000 wrote:
----------Unhelpful feedback------------------

Whilst I acknowledge every ones comments, I think certain individuals
who replied to this thread are quite unfriendly and to my mind
misunderstood my request. If people don't have a helpful comment then
I do not need them, I did not ask to be insulted but be helped.

First of all I apologise if I offended anyone by referring the legal
banter to law banter, secondly I am not a lawyer or claim to be an
expert in the field but was simply trying to overturn an appeal which
was refused.

If people who posted their unhelpful replies read my request clearly
or bothered to understand my request then they would have known that
an Officer of the Court sitting at Northampton County court refused my
application to file statutory declaration out of time which would have
allowed me to start the appeals process at the beginning so that I can
firstly write to council and if I am refused then write it to the
independent adjudicator. As I have said the information submitted by
the local council was incorrect and therefore I have good chance of
overturning the original order. What I needed to know was how to refer
to an attached document with the N244 application and I have got this
from Northampton County Court.

To Mark, I do not need anything from you especially when you think
insulting people helps. Clearly the time you have taken to write that
suggests you are personally very aggressive person and should moderate
anything. The information you refer to goes into my N244 application,
if you ever filled one, and will be put before a district judge to see
if the original order to refuse my application will be overturned or
not. So I had no choice but to write in that manner.

I was tempted to reply to your original post but I read it several times and
didn't understand the point you were making. If I was a judge, I'd have the
same problem.

You are referring to the N244 application notice, and you are assuming that
of course everyone knows what that looks like. A rash assumption.

Which is the "the attached" box that you are wondering whether to tick?
Which is the "evidence in part C" box? I'm looking at the May 08 version of
the form and I wonder if you have an earlier version.

In your position I'd be inclined to opt for "attached witness statement" and
then do your witness statement in a CPR compliant form (the crucial bit is
the Statement of Truth in the correct format: "I believe that the facts
stated in this witness statement are true.") and that should be fine. There
is no need to swear your witness statement, in fact there is no procedure
whereby you can swear it.

The judge will be tolerant of spelling and grammar mistakes but if he can't
understand the point you are making then you won't have a chance of winning.
For instance when you say "the appeal was refused" nobody can possibly
understand whether you are saying that the appeal was refused by a judge or
by a council employee, unless you say so.