Free Traffic Legal Advice

Need an advice on how best to proceed.

Bailiff came around today demanding payment. This is the first time the owner of the car was aware of outstanding PCN and the court order. Only evidence they produced was the footage of the car (bus lane) and screenshot of the PCN from the website https://walthamocm.itsvc.co.uk/ which is recorded as "warrrant issued". When checking on Waltham Forest https://www.walthamforest.gov.uk/parking-roads-and-travel/parking-fines-and-removals/pay-parking-penalty-charge-notice-pcn page there's no record of PCN.

Looks like this is what happended. The dealer filled in V5C but few weeks later they called in to say that they've made mistake on the address and reapplied the V5C. The V5C was received almost 6 weeks after the purchase of the car. The contravention probably occured before the amended V5C and the PCN related documents plus court paperworks were likely sent to address that the dealer filled in. 

Will appreciate any advice before bailiff turns up tomorrow.

Thanks.

Timeline:

V5C:
Date of first Registration : 27/05/2025
Issue date: 17/07/2025

PCN:
council : Waltham Forest
Contravention Date: 14/06/2025
Location: Lea Bridge Road
Code: 47

Problem is they don't have any paperworks which were never received. Not even Notice of Enforcement was served to current address. The bailiffs visit was a total surprise and at first thought it was a scam as only thing they were showing was a screenshot of PCN details on their phone. Reading through some other posts in here, Notice of Enforcement should have been posted to current address before visit?

Edit: Thanks will advice to pay up the fine if bailiff turns up today. what kind of evidence or paperworks we can request to have? eg name & company of bailiff, individual name, receipt of payment, warrant etc.

Edit2: Car has been clamped.

OP, you keep posting in the third person e.g. the owner, they, we etc.

Can we sort out who's who first pl. This is procedural at present and who's who is vitally important.

Fee of £560 paid to release the clamp after advice from bailiffadviceonline.FOI request to have details of PCN and related documents sent to Waltham Forest. Request to have copy of Notice of Enforcement and N125 Certificate of service also sent to Martson. Contacted car dealer and requested in writing explaining error made on V5C which they've said they'll look into.

Only information currently known are PCN number, Martson recovery fee and reference number and confirmation on live chat that the Notice of Enforcement was sent on 30th Oct 2025 to address 45 XXXXX Road (correct address : 45B XXXXX Road). Apart from Martson receipt of payment, there are no other related documents.

What happens to legal documents if there is no address to deliver eg door no doesn't exist? Returns back to original sender? Is there anyway to find the court address where this NoE was issued?

It's an unfortunate situation but that the Baillifs pounced on the fact that NoE was not served on correct address, no time to response against such notice and took advantage of it.

edit

...did you not notice that you were not receiving VED renewal reminders ?

OP said the V5 address was corrected six weeks after buying the car, so there wouldn't be any missing VED reminders.

That's rare error by Bailiff Advice - code 47 is stopped on a bus stop and is a parking not a moving traffic contravention, and this has also caught out some members here.

So by response to complaint is this the response to the out of time witness statement? 

Received reply from Martson when requested for the "current legislation" in regard to delivery of Notice of Enforcement. Their reply:

In line with the Interpretation Act 1978 regarding notice, we are required to post the letter, and this is sufficient for us to presume that notice has been given. For us to consider that notice hasn’t been received, you would need to provide evidence in support of this.

The act :

7 References to service by post.
Where an Act authorises or requires any document to be served by post (whether the expression “serve” or the expression “give” or “send” or any other expression is used) then, unless the contrary intention appears, the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post.

Anyone care to explain in simple words? I still believe the Enforcement firm (and agents) were in breach of laws even if they're relying on above act.

Also what kind of evidence to provide? Address proof, V5C showing the correct address?