Author Topic: Congestion charge. My first received letter is final enforcement warning  (Read 67 times)

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gky

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Hi everybody. When I moved home last September, I forgot to pay the London Congestion Charge. After that, I travelled outside of UK for a month. Since I hadn’t decided the new home at that time, I only updated my v5c address after returning to the UK and settling into my new home, which was about a month after the date of violating tfl charge. In the following months, from October to February I didn’t receive any letters or reminders until recently when I got enforcement of moving belongings letter(only after calling them, I found out it was about the London Congestion Charge—otherwise, I even didn’t have idea what it was about). Do I still have a chance to appeal?

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Enceladus

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Is that the first document/notice you've received?
In particular, did you ever receive a "Notice of Enforcement" from Marston?

The bailiff must have a warrant to enforce. Before they do so they need to serve a Notice of Enforcement giving you seven clear days to pay. I suspect that all of the statutory notices and the NoE have gone to your previous address. Marston's have then traced your current address. They should have informed TFL who would then apply to the Traffic Enforcement Centre at Northampton County Court for the warrant to be resealed (reissued) with the new address.

Without a valid warrant at the correct name and address the bailiff cannot enforce. They can however clamp your vehicle if found in a public place. I suspect that Marston do not (yet) have a valid warrant. But I might be wrong.

Why are you so vague about dates? It doesn't give a good impression.
Waht is the:
Date of contravention?
Date of PCN, if known?
Date of moving out of home?
Date of travel abroad?
Date of return from abroad?
Date of moving into new home?
Date of change of address on V5c registration doc (doc ref date)?

You'll need to submit a Statutory Declaration to the effect that you did not receive the original Penalty Charge Notice together with an Out of Time application to the TEC at Northampton County Court. You'll need a snappy concise reason as to why you're late otherwise TFL will object and your SD will be refused.

I suggest that you contact Bailiff Advice Online for guidance on how to handle the bailiff and what to put on the OoT application. Don't attempt an OoT with advice from BAO and/or this forum.
« Last Edit: March 13, 2025, 10:00:25 pm by Enceladus »

gky

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Is that the first document/notice you've received?
In particular, did you ever receive a "Notice of Enforcement" from Marston?

The bailiff must have a warrant to enforce. Before they do so they need to serve a Notice of Enforcement giving you seven clear days to pay. I suspect that all of the statutory notices and the NoE have gone to your previous address. Marston's have then traced your current address. They should have informed TFL who would then apply to the Traffic Enforcement Centre at Northampton County Court for the warrant to be resealed (reissued) with the new address.

Without a valid warrant at the correct name and address the bailiff cannot enforce. They can however clamp your vehicle if found in a public place. I suspect that Marston do not (yet) have a valid warrant. But I might be wrong.

Why are you so vague about dates? It doesn't give a good impression.
Waht is the:
Date of contravention?
Date of PCN, if known?
Date of moving out of home?
Date of travel abroad?
Date of return from abroad?
Date of moving into new home?
Date of change of address on V5c registration doc (doc ref date)?

You'll need to submit a Statutory Declaration to the effect that you did not receive the original Penalty Charge Notice together with an Out of Time application to the TEC at Northampton County Court. You'll need a snappy concise reason as to why you're late otherwise TFL will object and your SD will be refused.

I suggest that you contact Bailiff Advice Online for guidance on how to handle the bailiff and what to put on the OoT application. Don't attempt an OoT with advice from BAO and/or this forum.



Thank you for your helping. :) I am going to ask bailiff advice probably it’s more related to my problem. From my side, yes it is my first received letter.


The date of happen was 9/9/2024. I moved home at 11/9. Travelled out from 12/9-15/10. I moved in new address at 16/10. I changed v5c at 1/11. I think you’re probably right about how this letter sent. Now I recently travelled away for another month, so I asked my friend to check my mailbox regularly. According to him, this is the only letter I received. It also had two layers of envelopes—the first one was addressed to my old address, and the second outside one was sent to my current address. I’m not sure if they ever visited my home. don’t know how they managed to do this.

H C Andersen

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Notice dated 17 Feb, has nothing happened in the last 4 weeks at either address?

The date of happen was 9/9/2024. I moved home at 11/9. Travelled out from 12/9-15/10. I moved in new address at 16/10. I changed v5c at 1/11. I think you’re probably right about how this letter sent. Now I recently travelled away for another month, so I asked my friend to check my mailbox regularly. According to him, this is the only letter I received. It also had two layers of envelopes—the first one was addressed to my old address, and the second outside one was sent to my current address. I’m not sure if they ever visited my home. don’t know how they managed to do this.

OP, you and we need precision.

Previous address on V5C = address A;
Current and successor address on V5C = B

Moved out of A on 11 Sept.
Moved into B on 16 Oct.
Updated V5C from A to B on 1 Nov. (online and therefore instant?);
Updated V5C received around ****?
Away from B between ** and ***;
Asked friend to to check my mail for A;
They found an outer envelope addressed to B inside which was another envelope addressed to A inside which was a notice which stated that it had been 'Delivered by Hand' on 17 Feb.

Is the above correct?

Could it be that the notice was delivered by hand on 17th to A and that whoever now lives there sent to you, unopened, in the outer envelope? If so, then the bailiff doesn't know your address, or didn't on 17th.

Have you revisited A or contacted whoever is there? Perhaps forwarded when new owners/tenants moved in?