Free Traffic Legal Advice

What will the process be from the enforcement action?

Is it highly likely to succeed?

thanks

I received this letter today but there hasn't been anything before this. I thought I'd have a court letter or something to state my case?? Any ideas what's going on. Since my last post this was the last thing I received

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Did you receive an Enforcement Notice?

Then wait for the Order for Recovery and PE3 form and tick the first box and get it signed in front of a witness.

Letters like this are close to, or actually are, unlawful. They are not part of the enforcement process nor are they lawful enforcement documents. The letter is also extemely disingenuous, because the Traffic Enforcement Centre *TEC), is not a county court in the normal sense, it is a legal construct, and is part of the decriminalised legal structure originally set up in 1991. They have no court rooms or judges, only court officers who process the PCN registrations, and receive and process Statutory Declarations or Witness Statements soley related to parking and traffic contraventions. SO this letter is, in my view, unlawful intimidation.

The council cannot instruct bailiffs until they have registered the PCN at TEC, andsent you an Order for Recovery, accompanied by the form for submitting a Statutory Declaration. Only after 21 days without either payment or submission of an SD, can they instruct bailiffs

Here is a link to the letters received

https://drive.google.com/drive/folders/1CygNC-25X3_KwdtvE_BB-MWPjrldPUuT?usp=drive_link

In order for B & D to instruct bailiffs, they must first register the debt and send you an Order for Recovery, sent to the same address as used for all the previous enforcement documents. I suggest as a matter of urgency you contact B & D to find out when they sent out an OfR to you.

Also contact TEC to find out when the PCN was registered. Haave you not been contacting TEC since the Charge Certificate payment period expired to find out if the PCN was registered or not ?

AS it's a London bus lane offence, you will need to submit  PE2 and PE3 forms.  To get the bailiffs off your back and avoid the £235 visit fee, we normally advise that you pay them. Paying the bailiffs has no effect on your PE2 and PE3

I should also mention that B & D's admin seems to be in chaos at the moment, and I suspect they have acted unlawfully and not sent you an OfR.

I’ve now emailed Barking & Dagenham asking when (if at all) an Order for Recovery was issued, the address it was sent to, and when the debt was registered with TEC.

I’ve also emailed TEC asking them to confirm whether the PCN was registered and whether an Order for Recovery was authorised/issued.

TEC were closed when I emailed, so I will call them tomorrow to confirm by phone.

For clarity: my address is correct, I haven’t moved, and I did not receive an Enforcement Notice, Notice of Rejection, Charge Certificate or Order for Recovery. The CDER letters are the first indication enforcement had progressed.

Will update once I have responses.

Thanks