Free Traffic Legal Advice

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.

Need an advice on how best to proceed.

Bailiff came around today demanding payment. This is the first time the owner of the car was aware of outstanding PCN and the court order. Only evidence they produced was the footage of the car (bus lane) and screenshot of the PCN from the website https://walthamocm.itsvc.co.uk/ which is recorded as "warrrant issued". When checking on Waltham Forest https://www.walthamforest.gov.uk/parking-roads-and-travel/parking-fines-and-removals/pay-parking-penalty-charge-notice-pcn page there's no record of PCN.

Looks like this is what happended. The dealer filled in V5C but few weeks later they called in to say that they've made mistake on the address and reapplied the V5C. The V5C was received almost 6 weeks after the purchase of the car. The contravention probably occured before the amended V5C and the PCN related documents plus court paperworks were likely sent to address that the dealer filled in. 

Will appreciate any advice before bailiff turns up tomorrow.

Thanks.

Timeline:

V5C:
Date of first Registration : 27/05/2025
Issue date: 17/07/2025

PCN:
council : Waltham Forest
Contravention Date: 14/06/2025
Location: Lea Bridge Road
Code: 47

Many many thanks for Hippocrates for all the trouble and helping with the case. I was outside of UK for whole of Nov and was busy catching up with life  early Dec so was unable to communicate on time so my big apologies  .


Once again, A Very Big Thank You!

Received the Notice of Rejection. The form looks straight forward but not sure between personal or postal hearing type. Also Do we need to put the same full arguments on the appeal details>

Thanks