I have messed up- Mersey Flow fine

OhYouPrettyThings

Hi all. Would appreciate any advice

Basically have completely messed up with a Mersey Flow fine. We went on it in May (we have two letters dated 2 minutes apart on the north and south- we did get lost and went on it twice I think). Not from that part of the country.

Anyway, didn't have any phone battery (hence getting lost!) so said we will Google to find out about paying when we got home. Of course, like idiots, we forgot.

We received the letter about a fine so I had a look online. Read some information about problems people have had with this system and how all cases were being looked into as to whether the fines were legal (this was in Liverpool news online). So, I thought I would wait and see the outcome and if I received another letter.:o

So now I have two letters saying I must pay a total of £124 (£60 per way, although only 2 bloody minutes apart) and the toll charge, within 14 days or could face court action. I'm not sure how I can pay in that time- young children, one income family, tax credits etc. Same situation as many. Plus school uniform :eek:

Do I have any options to pay in installments? I know I am an absolute idiot for not sorting this out but have been going through an awful time mental health wise and just honestly have not dealt with things properly.

Can't afford to get a CCJ

Quentin

Take this to pepipoo for best advice

This forum majors on private parking invoices rather than proper council tickets

unforeseen

The cases have been looked at, the legislation amended and signage updated as of 18 April to cover the failures highlighted by the tribunal. So no defence. AFAIK there is no instalment option.

chrisw

Although as yet, the council have not won any of the appeals.

http://www.warringtonguardian.co.uk/news/16380024.council-yet-to-win-a-single-appeal-over-controversial-toll-fines/

OhYouPrettyThings

Thanks for your replies.

Have posted on pepipoo.

If the full amount isn't paid within the 14 days, is a CCJ instantly issued? Or is there further contact and time to pay. Not sure how it works with the council

Coupon-mad

Council fines do not create a CCJ, as this is not a civil matter.

Did you try phoning MerseyFlow up and offering to pay the toll charge, bearing in mind this is a first offence and you have read this is a common occurrence? That works with the DartCharge, by all accounts.

OhYouPrettyThings

I haven't coupon, but thank you will try Monday.

It says they may register the debt at the county court. It then says they may request a court order be issued against me, but that this is not a CCJ. I must admit I am confused!

Coupon-mad

Sounds like they are confused. A phone call is worth a try, if not then a written appeal.

OhYouPrettyThings

Have just seen this on their website:

What happens if I don't pay or challenge a penalty charge?
If you do not pay or make a representation against the penalty charge notice before the end of the period of 28 days beginning with the date of service of the penalty charge notice, the penalty charge payable will increase to £60. This charge will be payable in addition to the toll. You will be advised of this increase through the issue of a Charge Certificate. Once a Charge Certificate is issued, you will no longer have a statutory right of appeal. Payment of the increased penalty charge and the toll must be made within 14 days of the date of service of the Charge Certificate.


Can I challenge the increased penalty charge?
If the Charge Certificate is the first you have heard about the Penalty Charge Notice, you can write to us explaining why you feel you should not have to pay the penalty charge. At this stage we do not have a legal duty to consider your representations but we may consider if we believe that you have reasonable grounds for making a late representation. We will notify you of our decision.


What happens if I don't pay the increased penalty charge or my late challenge against the charge is not accepted?
If we decide not to accept your late representation or if you have not paid the Charge Certificate within 14 days of the date of service, we may apply to the County Court to register the penalty charge and toll as a debt against your name. If the County Court accepts our application, we will notify you of this order by issuing you with an Order for Recovery. In this Order for Recovery, you will be advised of the date in which you must either pay the total outstanding amount or file a witness statement on the enclosed form and send it to the County Court in accordance with the instructions provided.

Coupon-mad

Even more reason to stop reading their website and ring them up to ask if this can be sorted out by paying the toll charge, as it was a first offence.

Then if not sorted over the phone, put in a late appeal in writing.

unforeseen

chrisw wrote: »

Although as yet, the council have not won any of the appeals.

http://www.warringtonguardian.co.uk/news/16380024.council-yet-to-win-a-single-appeal-over-controversial-toll-fines/

As it only takes into account appeals up to May then the vast majority would have been tickets issued before the changes in April.

Appeal Grounds