Free Traffic Legal Advice

Last year I was fined for driving a Mercedes Vito through Rotherhithe tunnel. I'm not from London but have since found out there was a big uproar when this system was introduced a few years ago, as it caught out lots of unsuspecting small van owners who never are usually restricted from driving on any roads. The signage there is terrible and confusing, dozens of warning sign in a tiny space. I appealed the fine on the basis of poor signage, I happen to be an qualified expert in this area. However the appeal was rejected and there was not further recourse allowed, due to TFL's own dodgy appeal limitations.

Unfortunately the appeal rejection letter was sent to me while I was on holiday so because I didn't respond in 14 days they increased my fine substantially. I called TFL and offered to pay the original fine amount explaining why I had missed their 14 day window, the person I spoke was sympathetic but said she could not reduce the fine. Her advice was that they never take unpaid fines to court so I could probably ignore it. I was about to move house so regrettably did that. The house move took longer than expected and I promptly got a letter from Marstons debt recovery saying they had a warrant to enter my home about a week before Christmas, they now wanted about 4 times the original fine amount. Not wanting my family to deal with this over Christmas I paid the full amount but asked to see a copy of the warrant. They would not send me a copy.

At this point I got suspicious because it didn't seem like there had been enough time for them to get a warrant. So after paying the full amount, I pursued getting a copy of the warrant. Marstons kept saying TFL had a copy, and TFL kept saying Marstons had it. After many rounds of this it was clear neither of them had a copy of the alleged warrant. So I tried to contact Northampton County Court where the warrant was supposedly issued from (according to the letter from Marstons). The court just forwarded me around various e-mail addresses and I have been going around in circles for months with no warrant or case ID ever being produced.

I am now 100% convinced there was never any warrant and they just put this on their demand letters to scare people. Well it works, but I feel I have been extorted by Marstons who have had a few hundred pounds paid to them by me due to fear of a real warrant existing. The courts don't seem to care their name is being used in this way. TFL couldn't care less. Without the courts confirming that this warrant doesn't exists I can't further a small claim against TFL.

Is there anything else I could possibly do to get my money back?

As this is no doubt a common practice by TFL is there any chance of a class action suit against them? I'm sure thousands of people are being duped this way, if indeed no warrant ever existed.

In response to your query, the Warrant is legitimate and does not require a wet-ink signature. It is a procedural document issued under Civil Procedure Rule 75, which allows an authority to seek permission to employ Enforcement Agents to recover unpaid Traffic Contravention Debts.

If a bailiff or their company refuses to present the Warrant, it's often because they suspect it may be 'defective'—for instance, due to an incorrect address or another issue. Such a defect could render the enforcement power invalid and potentially lead to a claim for damages against Transport for London (TfL).

Remember, if you find yourself in a situation where money has been taken under a defective Warrant, you have the right to demand evidence of the Warrant and prove its defect. Once this is established, you can rightfully apply for the return of the money and your legal costs.

First, issue a Rule 6 Notice under the Pre-Action Conduct and Protocol, requesting evidence of the Warrant of Control. Be sure to copy in both TfL and the bailiff company. If they respond with excuses, you may proceed to court, claim it's a "complaint," or suggest you file a DSAR. Apply for Relief from Sanctions and request an order compelling TfL to produce the Warrant of Control.

If the Warrant lists your previous address, you are entitled to recover the money the bailiff took and your legal costs. However, before proceeding with a claim, it is wise to allow TFL the opportunity to return the money and explain why the Warrant is defective, providing evidence of your current address. This leaves TFL no option but to act, as their position becomes untenable. TFL may seek to recover their loss from Marston, as their actions exceeded regulatory boundaries by tracing you or using an ANPR camera, which Parliament or the MOJ does not officially authorise.

Then post the Warrant here when you have it.