Author Topic: PCN to Marston Holdings Bailiff - change of address PE2 and PE3 pending advice.  (Read 47 times)

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Hello there,

So a brief timeline of events first of all;

31.03.25 - Alleged PCN contravention occurred.

03.04.25 PCN notice from Brent Council received.
In short: Temporary roadwork signage appeared to direct traffic down bus lane with no clear alternative route. Brent council claim otherwise.

06.04.25 PCN appeal representations made and sent

19.09.25 PCN representation rejected

26.09.25 Raised to London tribunals

30.09.25 Tribunals accept appeal to be raised to adjudicator with hearing for 27.10.25

14.10.25 Received Brent councils evidence pack

27.10.25 Tribunal hearing date
*London tribunals state that a decision may take up to 56 days from hearing date.*

14.11.25 Move house

At this stage with everything still accessible via online portals, i check in periodically for a few months.

01.01.26 New V5C and Licence arrive

Still no changes. So assume that after all this time, especially long after 56 days. That I should go about my business and assume that either it is quashed and just frozen in status online. Or the logical point of view that all official documentation have been updated, they have my phone number and email. Should anything change then they have valid means to contact me.

.....Until
23.05.26 After contacting new tenant at old address to keep an eye out for a possible invoice i was expecting for banking. They open my mail and send me photos of subsequent correspondence from Brent council and London tribunals.

..................................................................................
These include:
01.02.26 London tribunal rejection letter with PCN fee of £130.00
27.03.26 Brent council escalation of charge to £195 + £10 court registration fee

..................................................................................

27.05.26 login to Tribunals portal status reads 'Appeal is sealed'- very vague an mysterious. Not a 'rejection'.
no details given on what happens next

27.05.26 login to pcn payment page via brent council in hope that there's means to pay original penalty but now says that the pcn is too old and cannot access it online.

27.05.26 Sent Brent council an email describing the situation.

02.06.26 Receive response via email with PDF denying responsibility of trying to get in touch. Email and letter attached as PDF (now to correct address) says Brent council are now no longer holding the case and i should now correspond with Marstons. (whom at this point have no idea who or what marstons is)

02.06.26 I send an email to Marstons explaining the situation and for an update of supposed penalty fee and any sort of details to access online portal for payment as when looking on Marstons website i can't input PCN or Tribunal reference numbers and have received NO other communication from Marstons either letter to old address, new address, email or phone.

11.06.26 09:20am

I receive a response from Marstons. They say that penalty charge stands at £284 and i finally get a reference and link in order to make possible payment

11.06.26 12:00pm

I file a PE2 and PE3 with substantial evidence and timeline of events to aid my case. I get this witnessed and sworn by comissioner of oathes. As soon as i get home, I scan and send to TEC via email.

11.06.26 12:30pm
I receive a manipulative and threatening call from Marstons. I very short and briefly say I am uncomfortable making any verbal communication over the phone and if they wish to contact me to do so in writing. (So i can keep a clear paper trail and not be threatened and panicked into any brash decisions) On call I mention a PE3 has been filed, they say that it won't matter the outcome, pointless and can't change the outcome. Enforcer also mentions total stands at £584.00

11.06.26 13:50pm
The tenant at previous address sends me a whatsapp saying that said enforcer came to serve a hand delivered final notice. This says penalty fee is £576.00.

This is where it stands currently.
I have blocked enforcers number and moved vehicle away from home.

I have also double checked with new tenant that no other post had been delivered- specifically from Marstons. They can catergoricaly tell me no, there has been nothing else. I feel that it is quite unfair to not give me any notice of how much i owe or how to pay it until i chase them, and only then around 3hours later they serve their 'final notice' with notice that their next move is to visit home to take posessions.
Surely this can't be right? The more i research though, it appears that apparently they can do whatever they like and speed up process as fast as they like with no repurcussions.

So I don't know what i do now? especially if bailiffs come. All of this has been escalating without my knowledge to threat of bailiffs and a penalty of so far at least £576. All for some stupid brent council decision some 18months ago for £65.00

I've made it perfectly clear that i have not knowingly ignored any communication or evaded from paying fines. Each step I've reached out to find out what's going on to vague answers until of course they want a big sum of money.

I have also emailed Marstons explaining that firstly their enforcer has been in touch and i have requested any correspondence in writing, that i have received my first and final notice within a matter of hours and that the pe2 and pe3 are pending with TEC and to hopefully show some discretion whilst they are pending outcome. No response thus far- nor do i expect any, as to build anxiety and panic more for me to pay their hefty amount.

At this stage I know the pcn cannot be overturned, but want to pay the £130 and get on with my life. This whole Bailiff palaver feels like arguing against a brick wall. As though some terminator like entity will hunt me down to take away my car or telly with no empathy.

What are my rights regards to bailiffs?
Have Marston not followed legal procedure? by not allowing me time to pay
How likely is it given said timeline details, that the PE3 and PE2 will be accepted?
If accepted and reverted to original PCN, will i even know about it and how to pay?

Thanks, i appreciate this is a lot of information, but a quick browse at other posts, a lot of hard details and dates are needed to see full picture.

Mark :)

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27.10.25 Tribunal hearing date
*London tribunals state that a decision may take up to 56 days from hearing date.*


What is the tribunal case number.

I presume you didn't ask for a personal hearing. Decisions are usually made on the day or shortly after - what have you got that says 56 days?   

We would normally advise that you make arrangements with Marstons to pay the debt by instalments. This stops enforcement action and further escalation of the debt at minimum immediate cost while NOT affecting your TEC submission which is a related but legally separate process.

What grounds did you put in your PE3?

You could also reach out to Bailiffadviceonline.

If ETA gave the options of communication by email and post, which did you elect?

When and how did you notify ETA and the council that your address for correspondence had changed?

What was your case number - there is a public online register which you can easily access to see the decision outcome and adjudicator's reasoning:
-
londontribunals.org.uk

Hi. So to answer both your questions.
I was unaware firstly that this was an option at time for tribunal having never had to take a pcn this far.
As far as the tribunal number- in this instance, it is now no longer the case for the original pcn as that decision has been made. Unsure how this would effect my PE3 and PE2. The issue is now the enforcement and escalation without my knowledge.

Regards to ETA i am not sure what this abbreviates for (this is all new ground for me) but upon me finding out about the decision and escalation, had contacted original pcn issuer being brent council.

Apologies if my lack of traffic law knowledge is frustrating or seems blaringly obvious.
I simply had awaited a decision and assumed that a very quick and easy dvla search or an email notification would be sufficient to inform me if a decision had been made.
At no point have i hid or tried to ignore any correspondence

Oh and as for the ‘up to 56 days’ ..
This section explains the enforcement process for a parking Penalty Charge Notice, where the vehicle was not clamped or removed.
London Tribunals · londontribunals.gov.uk


This was how i had interpreted it at the time i had been actively checking up on proceedings utilising the online portals.

Yes I thought you'd picked up 56 days from the wrong place - it's a deadline for an authority such as a council replying to formal representations and nothing to do with the tribunal.

Once the tribunal refuses an appeal you have to pay or the enforcement process rolls on again to the same address unless as tincombe indicates you informed them of a change of address. 

once more i'll stress that I had zero idea that they had sent me a letter 4months after tribunal date and have not purposefully evaded or ignored any correspondence.
One would have assumed in our digital and instant messaging age that if One was wanting to retrieve owed money, a very simple check of address or secondary contact means would be sufficient to claim any owed money. Even with all the online registration for online portal for tribunal, one had assumed that a notification of status change would have been sent.
If i had received notice, I would have paid then and there once received. But this was not the case and instead has escalated without my knowledge or with insufficient chance to respond once i was aware.

Any advice to my previous questions?
Advice form Citizens advice was to file the PE3 and PE2 as soon as possible to halt proceedings until a decision has been made.

I'll add that the grounds for the PE3 and PE2 was that i did not receive notice of rejection. I sent a complete timeframe of my prompt responses and compliance at each step i had been aware. I had also sent proof that dvla details had been correctly changed ahead of any tribunal decision and thus, a fairly valid and reasonable assumption that any further correspondence would be sent to new address if by paper or notice via email if electronically due to portal registration especially some 18 months after initial contravention.
« Last Edit: Today at 07:32:27 pm by markfjames »

This one?

Case Details
Case reference   2250497739
Appellant   Mark James
Authority   London Borough of Brent
VRM   LD10BUP
PCN Details
PCN   BT25064542
Contravention date   31 Mar 2025
Contravention time   17:27:00
Contravention location   Harrow Road / Oakington Manor Drive
Penalty amount   GBP 130.00
Contravention   Failing to comply with a no entry sign
Referral date   -
Decision Date   31 Jan 2026
Adjudicator   Michael Burke
Appeal decision   Appeal refused
Direction   Full penalty charge notice amount stated to be paid within 28 days.
Reasons   
The allegation in this case is failing to comply with a “No Entry” sign on 31.03.25. The Appellant does not dispute this but he criticises the quality of the signage. He asserts that the Enforcement Authority rely on photographic evidence which does not show the actual signage on that day.

The Enforcement Authority have provided a plan and photographs of the signage relied upon, including advanced warning signage which is additional to legal requirements. These include photographs dated 31.03.25. I am satisfied that on that day the signage of restrictions was substantially compliant, clear and adequate.

The enforcement camera evidence shows the vehicle committing the contravention.

Having considered all the evidence I am satisfied that the contravention occurred and that the PCN was properly issued and served. I am not satisfied that any exemption applies.

The Appellant points out that the Enforcement Authority did not respond to his Original Representations within 56 days. In the case of PCNs issued for parking contraventions under Traffic Management Act 2004 there is a 56-day deadline for the Enforcement Authority to respond to representations. There is no such deadline in the case of PCNs issued for moving traffic contraventions under London Local Authorities and Transport for London Act 2003.

Any such delay is regrettable but the Enforcement Authority explain that they had a large backlog of Representations to be considered and a shortage of staff. I am not satisfied the delay establishes a basis on which I should allow the appeal.

I am not satisfied that there was inordinate delay in the present case.