Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Fenwick on May 12, 2025, 10:16:20 pm
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IMO, far too sweeping a statement.
Firstly, the OP would have used their current address in their OOT so this isn't a secret.
Secondly, they have not disclosed the difference in name - which might be insignificant in any event, played no part in their predicament which was caused by the wrong address at that time and is now known to the council.
But the OP has no appeal route as regards everything up to the warrant. And these details could be changed in a trice.
But OP, you could perhaps avoid the £235 enforcement stage fee.
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How are they going to enforce a debt against someone that doesn’t exist?
It’s in the wrong name at the wrong address.
Phone the council, offer to pay the discounted PCN amount and explain they can take that or have nothing.
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I don't suppose anyone has had chance to look at this? My case has been put into a stage of "case monitoring" which expires on the 24/9/25, and I'm wondering what course of action Marston is likely to take at that point. Will they offer to settle for a reduced amount, or start to add on more fees?
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Hi,
So the OOT was refused by the Traffic Penalty Tribunal on 26 March 2025, stating that my Out of Time application was refused on 20 March 2025, and as a result, enforcement action resumed on 27 March 2025. (I've asked for a copy of the order).
In terms of the NoE, it was issued to my old address, yes, I haven't received a new one to where I currently live, but I am obviously apprehensive about giving them my new address.
Thank you!
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Pl forget everything else and just explain this:
'..so all correspondence has been going to a house I didn't live in with the wrong name on. I've attempted to file a statement out of time, but only delayed proceedings by a bit.'
If you have submitted an OOT SD then enforcement action is stayed, you get a copy of any objection lodged by the authority at TEC objecting to the grant of a revoking order and there's nothing for you to do except wait and draw on our expertise with those matters which are germane.
IMO
Scenarios:
1. TEC refuse your application, in which case enforcement proceeds.
2. TEC accept your application in which case (presuming you cited the reason 'Did not receive PCN/NTO) the authority may issue a fresh notice and you're back to the beginning.
As regards 1, whether they do or not is out of your hands because you've submitted your application and we can't help with its contents. Pl post a copy and anything you've received from the council as regards this process(not the PCN). As regards enforcement, it's possible that if Marstons have not followed correct procedure, for example if you haven't received a Notice of Enforcement, then this part of the debt could be susceptible to challenge outside the TEC procedure.
But my guess is that you have received the NoE at your correct address and it was this which alerted you to the PCN and warrant and caused you to submit your OOT. But pl explain this in your own words.
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First of all, thank you so much for getting back to me so quickly!
But absolutely the name and address were my fault. I found out in November when I got my post from the old address. I've not received one at my current address yet
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The case has been handed over to Marston Holdings for debt chasing.
When did you first know about the PCN and how.
Have you been served with an enforcement notice at your address.
Sounds like the name and address issue is your fault. The address is crucial to receiving PCNs.
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PCN received from: Salford City Council
Contravention: Driving in bus lane
Location: Chapel Street
Date: 15/5/2024
Hi everyone,
I've been fighting Salford council for a charge I've been issued with the wrong name on that occurred on the 15/5/2024. Essentially, there was a spelling issue with the name I had registered with the DVLA (all fixed now). I moved house in April, the offense occurred in May and I didn't update my address with the DVLA for that car until after the offense, so all correspondence has been going to a house I didn't live in with the wrong name on. I've attempted to file a statement out of time, but only delayed proceedings by a bit.
The case has been handed over to Marston Holdings for debt chasing.
I've since completed a subject access request with Marston and can see that my case has been put into a stage of "case monitoring" which expires on the 24/9/25. I'm wondering if anyone knows what is likely to happen at that date? I'm also wondering if I have any grounds to contest this as the correspondence has been sent to the wrong name. I've tried this before and Salford have rejected it. I haven't admitted to being the one driving at the time.
Please see the pdf attached for the juicy details. Also, a photo of the contravention. If I've missed anything, please let me know.
Any advice anyone is willing to give would be massively appreciated, and thank you sincerely for taking the time to read this
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