Enforcement notice sent by Marston Recovery

[Innocent111]

Hi All,

Please can someone help me respond to this notice of enforcement for something that happened on January 20th 2023.

A few days ago I received this letter from Marston Recovery for the offence but prior to this I have never seen any correspondence relating to this from Waltham forest Council or even any from the county court.

Please can some advise the best course of action.

Should I call Waltham forest Council? Northampton County Court?

Bob

[R0b]

It's a council parking ticket and you would have received that letter because you failed to pay or appeal the ticket so it has been sent to bailiffs for enforcement.

I guess the first question is, are you aware of any parking ticket based on the description given and if you are, did you decide to ignore it?

[Innocent111]

Thanks for the reply.

This was issued for turning left from one road to the other.

I never saw the signage in the dark.

With regards to correspondence I never received anything in the post


↵
Thanks for the reply.

This was issued for turning left from one road to the another.

I never saw the signage in the dark.

With regards to correspondence, I never received anything in the post and wouldn't ignore it.

[R0b]

I suggest you follow this link and have a read about the section regarding Witness Statements. You will need to submit your witness statement confirming that you never received any PCN or correspondence in relation to the parking offence until you received the enforcement notice. Per the link, it needs to be submitted through the Traffic Enforcement Centre. Once submitted and accepted, it should go back to the PCN stage and then you have the option to appeal by making representations or paying the fine.

https://www.londontribunals.gov.uk/e...nt-process#rod

https://www.gov.uk/appeal-against-a-penalty-charge-notice/court-order

Any questions, let us know.

[Innocent111]

Thank you for the suggestions. Much appreciated. I will try this route and report back on how it progresses.

[R0b]

For some reason the .gov link referred back to the first link but the correct link is below, you will need to use TEC7 form I believe.

https://www.gov.uk/appeal-against-a-...ce/out-of-time

I believe once the form is submitted, enforcement should stop pending the outcome. You would be wise to notify Marstons about that too as they will be ignorant of that fact and probably come after you anyway.

[Innocent111]

Submitted via email as per the instruction on the website. The process for the position of this PCN is that I was required to submit a TE7 and a TE9 form.
When the forms were sent over, the automatic response email states that the decision making process takes 8 to 10 weeks.

Appreciate the information provided.

[Innocent111]

The Traffic Enforcement Centre asked that fill out the PE2 and PE3 forms. Have done these and had them attested. The forms have been sent over.

However, when caling the Marston Recovery, they said as this is the last day you can respond or apply for Out Of Time from tomorrow onwards this notice could escalate further and recommended I set up a pay plan while the decision is made as this will stop all further action. I also asked if the agent can send me an email of what was discussed but at that point said, he can't email from where he was located.

I believe TEC inform the council and they then inform the enforcement agent - not how long that takes?

I have not done so yet and wanted your advice on how I should proceed with them? One thing which was not quite right, they asked me for my DOB.

Please let me know your thoughts/suggestions.

Thank you.

[R0b]

The relevant rules for Traffic Enforcement Centre are laid out in the Civil Procedure Rules Part 75 and the Practice Direction (link here). Paragraph 8.1 of the Practice Direction says that if you submit an out of time witness statement then the local authority must suspend enforcement until your application has been determined.

To cover all bases, I would be inclined to keep all correspondence in writing moving forward, no calls as Marstons can say anything and then deny it at a later date unless you have a recording of the call. Write to Marstons, copy in the council if you can find a relevant email address and confirm that you submitted your witness statement and, according the CPR 75, Practice Direction 8.1 the local authority must suspend enforcement pending the outcome of the application. Either attach your witness statement and/or if you have confirmation of receipt from the TEC of your submission provide an attachment as evidence that it has been done.

As they are now on notice that an application has been submitted, you reserve all rights both criminal and civil in respect of any attempt by Marstons to enforce the warrant and take any goods or continue to demand payment prior to your application being determined by the TEC.

Marstons should back down but they are very underhand so I wouldn't be surprised if someone decides to attend your property, just make sure all doors and windows are locked so they can't gain entry peacefully.