Free Traffic Legal Advice

Very difficult to advise without sight of documents.

It sounds like all the enforcement documents went to their old address, and were unpaid or unanswered, so the debt was registered at the Traffic Enforcement Centre. An Order for Recovery would have been sent out to the same old address. After no response, bailiffs have been instructed. The legal process is for them to send a letter out advising of the debt, plus a £75 fee. If this is unanswered, a visit is made and this costs £235. After that, if not payment is made, they can seize goods and also goods on the highway, which usually means their car.

So can you please explain what is meant here: -

Quote

They recently moved to a new address and changed their vehicle registration at the start of March. The vehicle was still registered elsewhere whilst living at the new address. They only recently remembered to change it.

Either the V5C was updated in March or it wasn't and has only recently (when ??) been done.

So we need to see posted photos here of what documents they have received.

The process to revert the matter back to the PCN is one of submitting an Out-of-Time Witness Statement to TEC. Two forms are needed (1) TE9 Witness Statement, and (2) TE7 Permission to submit WS out-of-time

Dart Charge, Mersey Gateway, clean air zones - Challenge a traffic enforcement order: Form TE9

Use this form to challenge a court order (‘order of recovery’) for Dart Charge, Mersey Gateway crossing or clean air zone charges.

gov.uk

Dart Charge, Mersey Gateway, clean air zones - Apply for more time to challenge a traffic enforcement order: Form TE7

Use this form to ask for more time to challenge a court order (‘order of recovery’), for Dart Charge, Mersey Gateway crossing or a clean air zone charges.

gov.uk

These forms can be downloaded from TEC. Great care is needed when completing them, so it might be best if you contact: -
www.bailiffadviceonline.co.uk

For a small fee they will complete and submit the forms for you, but as they are out-of-time, the DART management can object, and if they do the submission is rejected.

Edit
The bailiff fees have recently increased slightly: -
Compliance Stage (£79): Added as soon as the debt is passed to the bailiffs and a Notice of Enforcement is sent.
Enforcement Stage (£247): Added if you do not pay or set up an arrangement by the date specified in the initial notice. An extra 7.5% is charged on the value of the debt exceeding £1,900.

So the amount being demanded by the bailiffs should be made up of the following amounts:
- Original PCN              £70
- Charge Certificate (50%)  £35
- TEC Registration          £10
- Compliance Stage letter    £79
- Enforcement Stage visit    £247
---------------------------------
Total                        £441
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You have posted:

Hello, I am writing this on behalf of someone else.

The officer informed me that I could appeal with a TEC form

There is no need to disguise identities as regards these regulatory matters. So pl let's be clear as to who is the registered keeper.

If the Notice of Enforcement(which we have not seen, all that's been posted is a covering letter) was made out correctly then the period of '7 clear days' in which payment could be made at the much, much lower level has passed.

In short, and as set out in Incandescent's post, the reason the debt is £441 is because having received the Notice of Enforcement(which is accepted) the recipient did nothing and thereby added £247 to the debt i.e. they doubled the debt by their inaction.

This is not finger-pointing or a blame game, the RK is where they are but I thought that it is necessary to set out these basics.

Even if you, or someone on the RK's behalf, submitted an Out of Time WS now, this would not likely be actioned by TEC until next week. So for me the issue is where were matters left between the enforcement officer and the debtor. In this case there appear to be regulatory vulnerabilities involved which limit the officer's scope of action. But only if the RK knows the law.

Depending on whether the RK can contact bailiffadviceonline ASP, it might be better to pay the debt now to prevent it escalating and suffering inconvenience through the seizure of goods. If an OOT is accepted then all monies are refunded and we start from square 1.