When your car gets clamped

[TrentVilla]

1 hour ago, Demitri_C said:

Thanks Peter i will certainly explore this option 

Has anyone got experience with filling a PE2 or PE3? I ma not sure what to put for applicant. Would that be Equita the baliff company or the council who issued the parking ticket? 

Applicant would be your Mrs surely? There should be something online to assist I'm sure either official or unofficial.

[Demitri_C]

48 minutes ago, TrentVilla said:

Applicant would be your Mrs surely? There should be something online to assist I'm sure either official or unofficial.

I been googling hardly anything for support just asked that site Trent suggested to me waiting for someone to confirm. I think you are probably right but I thought the respondent was my gf?

EDIT some expert on that site Trent suggested it's the council  he seems to know his stuff, so I'll just put that

Edited July 25, 2017 by Demitri_C

[blandy]

6 minutes ago, Demitri_C said:

I been googling hardly anything for support just asked that site Trent suggested to me waiting for someone to confirm. I think you are probably right but I thought the respondent was my gf?

A respondent is "a party against whom a petition is filed", especially one in an appeal... which is the nasty clampy people, in this instance, Dem.

An applicant is the person applying/making the claim or petition against the respondent - your GF

[TrentVilla]

1 minute ago, blandy said:

A respondent is "a party against whom a petition is filed", especially one in an appeal... which is the nasty clampy people, in this instance, Dem.

An applicant is the person applying/making there claim or petition against the respondent - your GF

This.

[Demitri_C]

Just now, blandy said:

A respondent is "a party against whom a petition is filed", especially one in an appeal... which is the nasty clampy people, in this instance, Dem.

An applicant is the person applying/making there claim or petition against the respondent - your GF

That makes sense Pete but this person from the forum says it's the other way around. He seems to be very knowledgable so I will fill in what he has suggested if wrong I'll just have to do another

thanks gents

[blandy]

Just now, Demitri_C said:

That makes sense Pete but this person from the forum says it's the other way around. He seems to be very knowledgable so I will fill in what he has suggested if wrong I'll just have to do another

thanks gents

OK, fair enough. Without seeing the form it's hard to be sure as the form may be referring to the original claim against your GF for the debt, which would reverse the roles. I should have asked that, so sorry for possibly misleading. It depends on the precise wording on the form

[blandy]

Just looked at the PE2 form, and the forum bod is right, @Demitri_C

The applicant is the nasty clampers, and the respondent is your GF, because she is responding to the original parking fine debt claim.

Apologies.

[Demitri_C]

2 minutes ago, blandy said:

Just looked at the PE2 form, and the forum bod is right, @Demitri_C

The applicant is the nasty clampers, and the respondent is your GF, because she is responding to the original parking fine debt claim.

Apologies.

You have nothing to apologise for pete you have just tried to be helpful and supportive and i greatly appreciate it just like trent and others in this thread

[blandy]

Quote

In time statutory declaration notes

Please use the list below to check you have completed the forms correctly. You must file the Statutory Declaration within 36 days of registration with TEC otherwise you will also need to complete an Out of Time Application form PE2.

    Please quote the Penalty Charge number which can be found on the Order for Recovery or obtained from the Local Authority. We cannot trace the case without this number. Only one number per application form is permitted. 

    State your title e.g. Mr or Mrs, full name and address including the postcode. The form can only be completed by the named Respondent on the Order for Recovery issued by the Local Authority. If the Respondent has been named as a company/organisation, the person completing the form on it’s behalf must ensure they state their own full name, the company name and their position in the company.

    Tick all boxes which apply to you. You are not permitted to change or add to the wording of any of the grounds. If none of the grounds apply, you cannot file the Statutory Declaration and you should contact the Local Authority who issued the Order for Recovery to try to resolve the matter.

    State any reasons you consider valid and any further information relating to the contravention you wish to be considered. You may attach any relevant evidence.

    Once the form has been completed it must be sworn i.e. signed before a Commissioner for Oaths (e.g. a Solicitor), or an Officer of a County Court appointed by the Judge to take affidavits, or a Justice of the Peace (Magistrates Court). (This service is available at most County Court Hearing Centre, free but an appointment may be necessary). The witness to the respondent’s signature must provide a full postal address. If the form has not been properly witnessed, the TEC will not be able to process it.

The application can only be completed and signed by a Litigation Friend if the Respondent is a protected party (a party who lacks capacity within the meaning of the Mental Capacity Act 2005 to conduct legal proceedings). (See Part 21 (children and protected parties) of the Civil Procedure Rules). If you are a Litigation Friend, please provide proof of this.

The completed Statutory Declaration should be sent to:
The Traffic Enforcement Centre
St Katharine’s House
21/27 St Katharine’s Street
Northampton
NN1 2LH

Alternatively you may fax the form to 0870 324 0092, or email the document to tec@hmcts.gsi.gov.uk

All payments and payment queries must be sent direct to the Local Authority or their agents. 

Court staff are not legally trained. If you need legal advice you may wish to contact a solicitor or a Citizens Advice Bureau.

Gov't Guidance on who and how to fill in the form PE3 and whether to use a PE2

[Demitri_C]

God this harder than I thought. One site the one trent suggested saying one thing the other pepipoo that @omariqy suggested said the info from the other site is wrong and if i feel in that way it would get rejected by the courts. This is what someone from pepipoo said 

I am pleased to be of assistance. Like others on here, we all despair at wrong advice being given to individuals with these applications and your advice before coming here was simply dreadful. Let me also make clear that your G/F does have grounds to make an OOT but you need to significantly strengthen your application. Also, as I have stated, the vehicle was located on the highway (not on your G/F's driveway). In which case, I'm afraid, the enforcement agent has not committed any offence (hence my anger at the advice being given to you that you had been defrauded). Updating address details is extremely important. For example, I spoke with a gentleman on Monday who had received notification from Collectica Ltd that he had been fined in his absence and he was required to pay £1,100. He had no idea what the fine was for. I suggested to him that the starting point would be for him to visit the DVLA website to view his driving licence online (something that I would suggest that everyone does !!!). The enquiry revealed that he had been fined for speeding last October and had 6 points against his licence. Documents had been sent to his previous address. He did update his DVLA records but this was not done until February this year (he moved in October). His employment is unfortunately now at risk. Fortunately, he has now managed to contact the court and an appointment has been made for a Statutory Declaration. Fortunately, in his case he does have a good reason why he failed to update his DVLA records and this reason will be used by him at his Statutory Declaration hearing.PS: 'Reasons' for failing to update DVLA records can vary from one person to another. For instance, work pressures....being overseas....being ill....divorce....having to move out of a property temporarily (fire, floods etc) etc, etc. It could also be the most common reason of all.....forgetfulness. If so, be honest on the form....and apologise.