Received "Notice of Enforcement" from Marston regarding PCN for vehicle I have no knowledge of

[purple]

Hello all, first time poster here, just looking for some advice please.

Please see attached! I received this out of the blue. As you can see there's no name on the letter, but "Major Engineering Ltd" *is* my company, and the address *is* my address. I have no knowledge of the vehicle (a white Ford), and haven't even been to the location in question, so clearly a mistake has been made. I certainly never received anything from the council regarding this, which makes sense given that the vehicle is not mine!

So I called Martson, and basically they don't seem sure that they can sort this out without sending the bailiffs round to my address. Of course I am most unhappy about this, because as I said to Marston, how on Earth am I going to be able to prove anything? Surely if the bailiffs have been given the wrong information, then all I can do is prove that I am the person that they think they are after! Which clearly is not a solution.

Any and all help and advice would be much appreciated, thank you.

[zeke]

It is the practice of Marston to trace potential debtors by sending out phishing letters to addresses they think they might be the debtor and hope that one of the addresses if the debtor and pays up.

As the notice of enforcement is in your company name, it indicates the warrant of control is in the same name, so you can appeal the PCN.

The Notice of Enforcement does not specify the nature of the contravention, only the location, so you have to contact the Traffic Enforcement Centre (TEC) on 0300 123 1059 - (press 4 to skip the robot) and when you get through to a human being, give the PCN number first. its AG90148551. Then ask which forms you complete to make an appeal. Its either TE9/TE7 or PE3/PE2.

On the form, TE9/PE2 do not tick any of the options as none of them apply to you. Instead, you must state in writing on the TE9/PE2 "my company has never owned a vehicle bearing the registration YN63YBS and I attach a copy of a notice of enforcement from the enforcement company".

Once you have emailed the completed forms to the TEC at tec@hmcts.gsi.gov.uk with the PCN number in the subject line, the enforcement power is suspended, and the TEC will return the case back to the council to decide what they want to do next.

[purple]

Thank you so much for your detailed and helpful reply. It didn't even occur to me to try and appeal the PCN, because it isn't mine!

The only potential stumbling block was the PCN number, but you said AG90148551, did you look that up for me?

I'll start working through the steps and see how I get on. Thank you so much again.

[purple]

Just realised the number is on the form, but of course there is no indication that it is the PCN number!

[zeke]

The PCN number is the AG number on the form you uploaded to your original post.

Bailiffs don't usually put the PCN number on a notice of enforcement, but substitute it with a 'ref' number which has no meaning to anyone other than the bailiff company itself.

[purple]

Thank you again for this invaluable information.

I'll keep this thread updated not only to help me keep track, but also in the hope that it will benefit some other innocent person.

I called the TEC today as per your advice. They informed me that it is form PE2/PE3 that I need, and they sent them straight through. According to www.gov.uk the PE2 is an "Application to file a statutory declaration out of time" and the PE3 is to "Challenge an unpaid penalty charge notice".

So am I right in saying that I will need to fill out both of those?

She also said that I would need to get it witnessed by a solicitor. I was already quite put out by this whole thing, and now it's costing me money as well as time...

The only other thing of interest that she said was that it was the council who gave Marston my address. So I don't think I have been a victim of Martson phishing on this occasion. But who knows, not sure it's really relevant anyway.

[zeke]

The fee for a solicitor to notarise the forms PE3 and PE2 is £5. It is free at any county court. I know it's a lot of faffing about, but I can't offer any alternative.

If you have incurred losses as a result of an errant traffic penalty, you can invite the council to reimburse you by making a formal complaint and to solve the complaint, they may you the sum you are claiming. I wouldn't be comfortable in recovering money through the small claims track. There is no precedent, but its fair to say that is only until someone succeeds in a claim.

[purple]

Rest assured I was not asking you to provide me with an alternative - I just wanted to whinge. I am extremely grateful for all of your help.

I didn't appreciate it was only £5, so not the end of the world. County court seems like a good idea, but I haven't looked into it - I can't go in and wait for hours and hours, I'd rather pay £5. But I reserve the right to complain about it

I am self-employed, so yes I have definitely incurred losses, not to mention stress, but like everybody else, once this is resolved, I will probably just drop it because otherwise it's taking up even more of my time/sanity.

And so the cycle continues

[purple]

I have received a reply back from the TEC. So is this what we were expecting?

Also attached are the forms as I filled them out.

Good afternoon,

We have been unable to process your form(s) and your correspondence is therefore returned herewith. Please see below for applicable reasons:

We are unable to accept your Witness Statement as you have not indicated the ground you are filing your application on. Please tick the box against the statement that applies. If none of the grounds apply, please refer your query to the Local Authority concerned.

If you have any further queries, you may contact us via our helpdesk or by email; contact details are provided at the top of this letter. Information on TEC procedures is also available on the website detailed below.

I don't know what to do next. I already emailed barnet@nslservices.co.uk 3 days ago and haven't had anything back, not even an automatic confirmation.

[purple]

I just wrote to the council again, but this time using their online form...

https://parkingservices.itsvc.co.uk/barnet/notices/

[zeke]

Write (email) the CEO of the council and ask him to intervene and suspend the enforcement until they complete an investigation because you have never owned or driven the contravention vehicle and you are being pestered by their enforcement company. Give the PCN number. AG90148551 and say the enforcement company does not respond to your commications other than making pre-scripted demands.

It looks like the TEC can only manage a handful of appeal grounds, and not owning or driving the contravention vehicle is not one of them.

john.hooton@barnet.gov.uk

[Syd Snitkin]

You need to tick one of the boxes. Tick the first one - technically it's correct. You've expanded further in the reasons box, so all should be ok.

[purple]

I'll email the CEO, thank you.

If I tick that box for the TEC I will need to get it witnessed again, won't I?

I am hesitant to tick the box, I don't want to accept any responsibility for this. I guess I could write a note next to it.

[Syd Snitkin]

They won't process it without a ticked box.