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Still looking for email but if it's not in sent folder, I suspect probably was using council's webportal. Definitely the email was just about notifying of the court letter only and 100%  not demanding for the refund of enforcement fees. We thought it's auto process once the order is made by court. Anyway thanks for reminder and will appreciate a draft demand letter. Thanks. 

sorry for late replying as didnt' had copy of the letter and had to wait until return back to UK. Once the letters were received, we sent email to council but still waiting for any kind of replies. Attached:
Letter 1
Letter 2

Appointment was for 10:00 today but looks like court is too busy as they're saying it'll be at least 15:00 for hearing. Other party is also present and both agreed to walk out for another day's hearing. Too much hassle and not worth the time effort.

attached WS. Need to send it before today's closing time. Pls have a look and advice on what needs to be removed or add. Also if unable to attend court, how to correctly word.

Witness Statement

Received reply from Martson when requested for the "current legislation" in regard to delivery of Notice of Enforcement. Their reply:

In line with the Interpretation Act 1978 regarding notice, we are required to post the letter, and this is sufficient for us to presume that notice has been given. For us to consider that notice hasn’t been received, you would need to provide evidence in support of this.

The act :

7 References to service by post.
Where an Act authorises or requires any document to be served by post (whether the expression “serve” or the expression “give” or “send” or any other expression is used) then, unless the contrary intention appears, the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post.

Anyone care to explain in simple words? I still believe the Enforcement firm (and agents) were in breach of laws even if they're relying on above act.

Also what kind of evidence to provide? Address proof, V5C showing the correct address? 

update:

Received reply from TEC that the forms PE2/P3sent were wrong and to reapply with TE7/TE9. PE2 and PE3 were filled by baillifadvieonline. No reply from them when informed that they have provided wrong form. They were highly referred in this forum but our experience been opposite. Late to reply and took almost 7 days to send wrong forms. Correct TE7 and TE9 sent on 02/12/2025.

Response received from council on the complaint made. They have asked to forward supporting documents (dealership letter explaining wrong address during purchase and registering of V5C) to parking manager (email provided) for further review.

Also received response from Martson about the complaint that their enforcement agents in breach of The Taking Control of Goods Regulations 2013 without giving proper notice and time. Their response :

I have carefully reviewed the information you provided and completed a full investigation. Your complaint concerns you did not receive any correspondence prior to an enforcement agent clamping your vehicle.

We sent the Notice of Enforcement letter to you in good faith. We are only required to ensure that the letter is sent and not take further steps to make sure that it is received. This is in line with current legislation.

is this correct?

Fee of £560 paid to release the clamp after advice from bailiffadviceonline.FOI request to have details of PCN and related documents sent to Waltham Forest. Request to have copy of Notice of Enforcement and N125 Certificate of service also sent to Martson. Contacted car dealer and requested in writing explaining error made on V5C which they've said they'll look into.

Only information currently known are PCN number, Martson recovery fee and reference number and confirmation on live chat that the Notice of Enforcement was sent on 30th Oct 2025 to address 45 XXXXX Road (correct address : 45B XXXXX Road). Apart from Martson receipt of payment, there are no other related documents.

What happens to legal documents if there is no address to deliver eg door no doesn't exist? Returns back to original sender? Is there anyway to find the court address where this NoE was issued?

It's an unfortunate situation but that the Baillifs pounced on the fact that NoE was not served on correct address, no time to response against such notice and took advantage of it.

OK I think what's the problem here is.

The door number is 45B. There are others with door number A-D. The Notice of Enforcement was issued to 45 (without suffix) and never delivered to any address.