Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: kolag22 on May 20, 2024, 01:07:00 pm
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Be aware that the council can object to your OOT submission, so it needs to be very carefully written to emphasise you were not given the full address by the landlord of your property. I'm sure Bailiff Advice will take this on board.
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Ok that sounds great. Do you know where I can find a template to submit the Out of Time Witness Statement based on others being in the same situation?
There are no templates because every case is different.
Bailiff Advice is probably best placed to help you with this, especially with the dubious adding of the extra £110 fee.
I suggest you send them a private message via this forum.
Thank you, I'll go ahead and do that.
Appreciate the help from you and everyone.
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Ok that sounds great. Do you know where I can find a template to submit the Out of Time Witness Statement based on others being in the same situation?
There are no templates because every case is different.
Bailiff Advice is probably best placed to help you with this, especially with the dubious adding of the extra £110 fee.
I suggest you send them a private message via this forum.
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I've finally found the V5C, and yes, the address on it is different from the address on the Royal Mail postcode finder.
So, like in the example above, Royal Mail shows two similar addresses, Flat 1 44A and Flat 3 44A. But the address on the V5C is just 44A.
How do I use this information and is there anything else I need to check?
Thanks in advance.
Clearly, either you or the vehicle dealership made a mistake when registering the vehicle. The Flat number should be provided on the V5C. You should ensure that you amend the address using the DVLA online service.
Secondly, as there is clearly a mistake in the address field (in that the flat number is missing), this is sufficient grounds for you to submit an Out of Time Witness Statement to the Traffic Enforcement Centre.
Bailiff Advice Online (https://bailiffadviceonline.co.uk/index-page/dart-charge-and-tfl-congestion-charge/dart-charge-out-of-time-witness-statement)
Ok that sounds great. Do you know where I can find a template to submit the Out of Time Witness Statement based on others being in the same situation?
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@Neil B @John U.K. @Incandescent
Please see details requested above.
Thanks in advance.
The problem you have is that you, the keeper holding the V5 for the car, are responsible for the correctness of the V5 address. So why was the Flat Number not on the address on the V5 ?
If you're going to submit an Out-of-Time declaration to get the matter reverted, (and your money back), you will have to explain why none of the statutory documents reached you. Most cases we see on this forum where people don't receive any documents before bailiffs knock on their door are due to address errors on the V5. In some cases we've seen V5s with addresses over 2 years out of date.
Others will no doubt comment. Note that having paid the bailiffs has absolutely no influence on the success or failure of an out-of-time Statutory Declaration, or Witness Statement.
The address on the V5 was the address provided by the landlord. I was not informed that the word 'Flat 1' needed to be added before the door number. Is there a template that others have used based on them running into the same situation?
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I've finally found the V5C and yes, the address on it is different from the address on the Royal Mail postcode finder.
So, like in the example above, Royal Mail shows two similar addresses, Flat 1 44A and Flat 3 44A. But the address on the V5C is just 44A.
I'm confused. This seems to be a direct contradiction of what you originally said? but have since edited? >>
I found the letters there. They had no name on them, and the letter had an additional number for the door number (for example, if the house number was 44A, the letter showed Flat 1 44A, where it should just be Flat 44A
You don't seem to know your own address?
Yes I amended the previous information because my partner thought she found other letters from the bailiffs but she got that wrong.
I've intentionally changed the door number here because I do not want to share personal information on the internet, which is the reason I gave an example.
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I've finally found the V5C, and yes, the address on it is different from the address on the Royal Mail postcode finder.
So, like in the example above, Royal Mail shows two similar addresses, Flat 1 44A and Flat 3 44A. But the address on the V5C is just 44A.
How do I use this information and is there anything else I need to check?
Thanks in advance.
Clearly, either you or the vehicle dealership made a mistake when registering the vehicle. The Flat number should be provided on the V5C. You should ensure that you amend the address using the DVLA online service.
Secondly, as there is clearly a mistake in the address field (in that the flat number is missing), this is sufficient grounds for you to submit an Out of Time Witness Statement to the Traffic Enforcement Centre.
Bailiff Advice Online (https://bailiffadviceonline.co.uk/index-page/dart-charge-and-tfl-congestion-charge/dart-charge-out-of-time-witness-statement)
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I've finally found the V5C and yes, the address on it is different from the address on the Royal Mail postcode finder.
So, like in the example above, Royal Mail shows two similar addresses, Flat 1 44A and Flat 3 44A. But the address on the V5C is just 44A.
I'm confused. This seems to be a direct contradiction of what you originally said? but have since edited? >>
I found the letters there. They had no name on them, and the letter had an additional number for the door number (for example, if the house number was 44A, the letter showed Flat 1 44A, where it should just be Flat 44A
You don't seem to know your own address?
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@Neil B @John U.K. @Incandescent
Please see details requested above.
Thanks in advance.
The problem you have is that you, the keeper holding the V5 for the car, are responsible for the correctness of the V5 address. So why was the Flat Number not on the address on the V5 ?
If you're going to submit an Out-of-Time declaration to get the matter reverted, (and your money back), you will have to explain why none of the statutory documents reached you. Most cases we see on this forum where people don't receive any documents before bailiffs knock on their door are due to address errors on the V5. In some cases we've seen V5s with addresses over 2 years out of date.
Others will no doubt comment. Note that having paid the bailiffs has absolutely no influence on the success or failure of an out-of-time Statutory Declaration, or Witness Statement.
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The Dart Charge is nothing to do with TfL. I've just had 2 Penalty Charge Notices from Dart Charge, the letter has a big red circle in the top left corner with a white C in it, the top right says Department for Transport with a government logo. Large letters underneath says PENALTY Charge Notice (PCN), do not ignore.
My matter was resolved amicably with a phone call, I couldn't register my new car with my Dart Charge account as it was already on their database with the previous owner.
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@Neil B @John U.K. @Incandescent
Please see details requested above.
Thanks in advance.
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So just to clarify, I have not received any letters from TFL or the bailiffs.
So as asked already: What is the address on your V5C? (Get it out and check pl).
How does this compare to your postal address? Look it up on postcode finder:
https://www.royalmail.com/find-a-postcode
I've finally found the V5C, and yes, the address on it is different from the address on the Royal Mail postcode finder.
So, like in the example above, Royal Mail shows two similar addresses, Flat 1 44A and Flat 3 44A. But the address on the V5C is just 44A.
How do I use this information and is there anything else I need to check?
Thanks in advance.
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I found the letters there. They had no name on them, and the letter had an additional number for the door number (for example, if the house number was 44A, the letter showed Flat 1 44A, where it should just be Flat 44A
How does that compare to your V5C? Don't guess, actually get it out and look at it?
I've finally found the V5C and yes, the address on it is different from the address on the Royal Mail postcode finder.
So, like in the example above, Royal Mail shows two similar addresses, Flat 1 44A and Flat 3 44A. But the address on the V5C is just 44A.
How do I use this information and is there anything else I need to check?
Thanks in advance.
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I am now confused as to what is Dartford Crossing and what is TfL???
The Dartford Crossing has a toll you have to pay to TFL (Transport fo London)
The toll is paid to the government, it's nothing to do with TfL.
You need to answer Neil B's question. Almost all cases we see on here where the OP says they received no letters at all, are because the address on their V5 Registration Certificate is out-of-date.
Thanks for the clarification. I will be checking that document once I find it. Thanks.
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So just to clarify, I have not received any letters from TFL or the bailiffs.
So as asked already: What is the address on your V5C? (Get it out and check pl).
How does this compare to your postal address? Look it up on postcode finder:
https://www.royalmail.com/find-a-postcode
I am looking for the V5C and I will respond as soon as possible. Thanks for your patience.
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Based on the above, what evidence do I need to contest this?
Your help would be very much appreciated.
We are trying but you are not answering our important questions.
Sorry I had to rush out earlier and have only just returned home. I appreciate all your help. I need to look for the document mentioned above and I will respind as soon as possible.
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Based on the above, what evidence do I need to contest this?
Your help would be very much appreciated.
We are trying but you are not answering our important questions.
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I am now confused as to what is Dartford Crossing and what is TfL???
The Dartford Crossing has a toll you have to pay to TFL (Transport fo London)
The toll is paid to the government, it's nothing to do with TfL.
You need to answer Neil B's question. Almost all cases we see on here where the OP says they received no letters at all, are because the address on their V5 Registration Certificate is out-of-date.
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So just to clarify, I have not received any letters from TFL or the bailiffs.
So as asked already: What is the address on your V5C? (Get it out and check pl).
How does this compare to your postal address? Look it up on postcode finder:
https://www.royalmail.com/find-a-postcode
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Hi everyone,
My car has just been clamped (Fee £536.30)
I can't yet make sense of that amount. Did you get a detailed receipt?
Which bailiff company?
The bailiff company is Marston Recovery which is the trading name of Marston (Holdings) Limited.
The breakdown is:
Debt: £116.50
Compliance Stage Fee: £75
Enforcement Stage Fee: £235
Expenses (if any): £110
Total: £536.50
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I am now confused as to what is Dartford Crossing and what is TfL???
The Dartford Crossing has a toll you have to pay to TFL (Transport fo London)
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I am now confused as to what is Dartford Crossing and what is TfL???
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Hi everyone,
My car has just been clamped (Fee £536.30)
I can't yet make sense of that amount. Did you get a detailed receipt?
Which bailiff company?
Hi Neil, TFL (Transport for London, who we have to pay the Dartford Crossing charge to) said the fine was initially £37.50, then £107.50.
The bailiff said the enforcement letters that were sent were for £191.50
The amount once the bailiffs were called out, moved the amount up to £536.50
I haven't got a breakdown to hand, but I will check to see and update here.
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@baroudeur @Neil B
*Correction* to the initial post. I could not find any letters for this case. I got confused with another letter I found.
So just to clarify, I have not received any letters from TFL or the bailiffs.
How do I prove this?
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Hi everyone,
My car has just been clamped (Fee £536.30)
I can't yet make sense of that amount. Did you get a detailed receipt?
Which bailiff company?
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I found the letters there. They had no name on them, and the letter had an additional number for the door number (for example, if the house number was 44A, the letter showed Flat 1 44A, where it should just be Flat 44A
How does that compare to your V5C? Don't guess, actually get it out and look at it?
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Was the upstairs flat unoccupied from October 2023 and is still unoccupied?
If so,how did you get access to get the letters in that flat?
The flat was occupied at the time. I got access by buzzing on the bell of one of the flats.
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Was the upstairs flat unoccupied from October 2023 and is still unoccupied?
If so,how did you get access to get the letters in that flat?
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Hi everyone,
My car has just been clamped (Fee £536.30) because I forgot to pay the Dartford Crossing charge back in October 2023.
I phoned them and was told I was meant to receive a number of letters.
The first fine would have been £37.50 then after 28 days it would have been £107.50.
I did not receive any of those letters.
I also did not receive the bailiff letters when it was £191.50. How do I prove this?
I live in a downstairs flat of a house with separate entrances. I checked the flat upstairs but the letters are not there.
Based on the above, what evidence do I need to contest this?
Your help would be very much appreciated.
I have attached the clamp notice that is on the car.
[attachment deleted by admin]