Marston Notice of Enforcement

justice17

If it doesn't rain it pours
Good evening folks,

A week or so after receiving a parking fine from 2012 from BW Legal for £175, today I returned home from work to a letter from Marston's stating that a warrant has been issued by Northampton County Court for the non-payment of a Bus Lane fine from Sheffield City Council.

The alleged offense took place on 13/07/2015. Marston's are claiming that I owe them £172.00.

I am not disputing that this may have happened however during that time period I was moving home and due to that I never received any letter from Sheffield city council. My previous landlord had the address I was moving to however they never forward any letters on to me.

I've done some searching on the forum and am I correct in thinking that due to not receiving any notification of this offense or further steps notices in relation to the fine. I need to contact the Traffic Enforcement Centre and ask them for the exact address all statutory notices were sent to and then ask them for the te7 and te9 forms?

Or has it passed that stage and I now need to contact Northampton County Court and swear a statutory declaration?

The date issued was the 14/06/17 and I have 14 days to pay or call to discuss it with Marstons.

I have no issue with paying the original debt because if I drove in the bus lane during times when I shouldn't have I then it's a fair cop. But £172 without knowing about the offense is a little steep.

Any advice is greatly appreciated

Many thanks in advance

Coupon-mad

Must admit I am not sure whether this is a point when you could get it reset at TEC. But pepipoo posters will know:

http://forums.pepipoo.com/index.php?showforum=30

Registered for free but no Hotmail emails allowed. Post and show them the letter.

Umkomaas

if you are dealing with bailiffs try making contact with 'Bailiff Advice Online'. Sheila, who provides this excellent service, has an extremely good reputation for assisting people with bailiff issues.

Calls and the email enquiry service are free.

Here's your link:

http://bailiffadviceonline.co.uk

Herbie21

justice17 wrote: »

If it doesn't rain it pours

A week or so after receiving a parking fine from 2012 from BW Legal for £175, today I returned home from work to a letter from Marston's stating that a warrant has been issued by Northampton County Court for the non-payment of a Bus Lane fine from Sheffield City Council.

The alleged offense took place on 13/07/2015. Marston's are claiming that I owe them £172.00.

I am not disputing that this may have happened however during that time period I was moving home and due to that I never received any letter from Sheffield city council. My previous landlord had the address I was moving to however they never forward any letters on to me.

I've done some searching on the forum and am I correct in thinking that due to not receiving any notification of this offense or further steps notices in relation to the fine. I need to contact the Traffic Enforcement Centre and ask them for the exact address all statutory notices were sent to and then ask them for the te7 and te9 forms?

Or has it passed that stage and I now need to contact Northampton County Court and swear a statutory declaration?

The date issued was the 14/06/17 and I have 14 days to pay or call to discuss it with Marstons.

The debt is an ordinary local authority issued penalty charge notice. It is NOT a fine and therefore, you would not be sent a 'Further Steps Notice'.

You are correct in that you need to submit an Out of Time witness statement to the Traffic Enforcement Centre. A link has been given in the above post to my website and you will find a lot of information on there about Out of Time witness statements. The website Pepipoo will also provide excellent assistance to you as well (I post on that forum as well as Bailiff Advice).

Out of Time witness statements are for individuals like you who had not received the earlier correspondence and had therefore been unable to pay the ticket at the earlier discounted rate.

If the application is accepted, the bailiff warrant will be cancelled and the PCN 'rewound' to the initial stage and the local authority will re-issue you with a new Notice to Owner (allowing you to pay at the cheaper rate).

It is sadly the case that a high percentage of OOT's are rejected but in the main, the rejections are due to poorly completed forms. It needs to be remembered that the decision on whether your application is accepted or rejected lays with the local authority and NOT the Traffic Enforcement Centre.

The local authorities are keen on rejecting applications where it is clear that the reason for the individual not receiving the earlier correspondence had been due to their own failure to update their address details with DVLA so as to ensure that postal items reached them. This is not a view that I support at all.

Before considering the Out of Time witness statement route you will need to ascertain the following:

What the date of the contravention was

What address your vehicle has been registered to at the time (of the contravention).

What date that you moved from that address.

What date you updated your V5C (Log Book) with DVLA

Any queries, please post back.

PS: When you submit an Out of Time witness statement to the Traffic Enforcement Centre, all bailiff enforcement is placed on hold for approx 6 weeks.

justice17

Herbie21 wrote: »

The debt is an ordinary local authority issued penalty charge notice. It is NOT a fine and therefore, you would not be sent a 'Further Steps Notice'.

You are correct in that you need to submit an Out of Time witness statement to the Traffic Enforcement Centre. A link has been given in the above post to my website and you will find a lot of information on there about Out of Time witness statements. The website Pepipoo will also provide excellent assistance to you as well (I post on that forum as well as Bailiff Advice).

Out of Time witness statements are for individuals like you who had not received the earlier correspondence and had therefore been unable to pay the ticket at the earlier discounted rate.

If the application is accepted, the bailiff warrant will be cancelled and the PCN 'rewound' to the initial stage and the local authority will re-issue you with a new Notice to Owner (allowing you to pay at the cheaper rate).

It is sadly the case that a high percentage of OOT's are rejected but in the main, the rejections are due to poorly completed forms. It needs to be remembered that the decision on whether your application is accepted or rejected lays with the local authority and NOT the Traffic Enforcement Centre.

The local authorities are keen on rejecting applications where it is clear that the reason for the individual not receiving the earlier correspondence had been due to their own failure to update their address details with DVLA so as to ensure that postal items reached them. This is not a view that I support at all.

Before considering the Out of Time witness statement route you will need to ascertain the following:

What the date of the contravention was

What address your vehicle has been registered to at the time (of the contravention).

What date that you moved from that address.

What date you updated your V5C (Log Book) with DVLA

Any queries, please post back.

PS: When you submit an Out of Time witness statement to the Traffic Enforcement Centre, all bailiff enforcement is placed on hold for approx 6 weeks.

Thanks Herbie21, ill register with the site linked above and post a picture of the letter on there.
In regards to the V5C details i no longer own that vehicle and im unsure when I had updated the address.

At the time I had no fixed abode, and contacted the DVLA in regards to changing my adress. I was advised to not change the address until i had some where fixed for over 6 weeks to ensure that i would recieve the letters. I kindly asked my previous landlord to forward any letters to a temp address in the interim period.

I received one letter but this was in relation to parking near the university in Sheffield but that was 4 months later than this was offence?

Im just confused at the minute as to how I have not received any notification in regards to this?

justice17

http://forums.pepipoo.com/index.php?showtopic=114152

Posted on pepipoo with a link to the picture just hope ive posted in the right place lol

Coupon-mad

Coupon-mad wrote: »

Must admit I am not sure whether this is a point when you could get it reset at TEC. But pepipoo posters will know:

http://forums.pepipoo.com/index.php?showforum=30

Registered for free but no Hotmail emails allowed. Post and show them the letter.

Gave you the link to the right part of pepipoo.