I have received two notice of enforcement letters from enforcement company: Marston, under instruction from Northampton county court
This has come as quite a shock, as I had not received the original PCN’s or any form of communication from Barnet previously on this matter. The original PCN's date from 11/2019.
I contacted Marston and spoke with one of their agents, who informed me that the original PCN’s issued by Barnet were sent to an address which I have not lived at for fifteen years
My vehicle has never been registered to this address and my driving license has been registered to my current address since February 2018.
Trying to negotiate with Marston proved fruitless, as they would only suggest paying the £556.00 sum for both PCN’s and then to attempt gaining financial redress from Barnet council. Marston informed me that should the sum outstanding not be paid in full by 11/12/2020, Bailiffs will be instructed to remove property to this value from my home.
Any advice on the above would be most welcome.
Marston: Notice of enforcement
Re: Marston: Notice of enforcement
It looks like you gots some PCN’s at your old address, and the bailiff company has traced you to your new address and jumped straight to enforcement.
This action is illegal because the Civil Procedure Rules (CPR) states that
The bailiff company has effectively cheated and hoped that you are unaware of the law and they seek to get fees from you which they know they are not entitled to.
The bailiff company sent a Notice of Enforcement to a list of addresses they think you are at, to see if any of them get a reaction from the respondent. In this case, it did because you contacted them which verified your current address.
Do not try to negotiate with a bailiff company. They are a commercial business out to make money, even if that gain is not compliant with the law.
You must verify that the address on the warrant of control is your PREVIOUS address, or at least, not your current one. Here is how..
Gather all the PCN numbers together, they start with two letters and followed usually by 8 numbers.
Call the Traffic Enforcement Centre (The TEC) on 0300 123 1059 and when you get a robot, press 4 to skip and you will be put in line to a call centre agent.
When the agent picks up, they will ask for the PCN number. They start by asking you to complete a 'security check', and ask to confirm your postcode.
You must give the postcode to your PREVIOUS address.
If they accept that postcode in the security check, you have proved the warrant of control has your previous address.
If you give your current postcode, they will still accept it, and they will change the warrant address to fit that postcode.
I caught them out when a clients tenancy agreement for her current address started AFTER the warrant was issued with her current address on it. It proved that the respondent address on the warrant had been tampered.
It was further exposed when people started giving random postcodes in the security check, and it generated a warrants of control with random addresses on them.
If the security check with your previous address postcode is accepted, then ask for the DATE the warrant was issued.
Then, ask whether the traffic contravention is a moving traffic offence, or a non-moving traffic offence.
The forms to complete are different depending on the type of traffic contravention
If it is a moving traffic offence, then the forms you must complete are PE2 & PE3. Otherwise it is forms TE7-TE9.
When you have confirmed that the warrant has your previous address, download the correct forms, and gather EVIDENCE of your current address. This can be a bill, tenancy agreement or a council tax bill, anything that has your address on it.
If you do not attach evidence of your CURRENT address when emailing the completed forms to the TEC, your application will be dismissed. That is because Section 7 of the Interpretation Act 1978 states that a document, in this case, a Notice to Owner (NTO) is deemed to be served on you (the respondent) unless EVIDENCE TO THE CONTRARY is proved.
When you have filed the completed forms and evidence to the TEC at tec@justice.gov.uk, the enforcement power ceases to be excisable under Practice Direction 75, Paragraph 8.1, and the bailiff may not take an enforcement step, paragraph 6(3) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007.
This article gives more details on how to apply to stop the enforcement of an unpaid traffic contravention debt after being contacted by bailiffs.
https://stopthebailiffs.uk/appeal-traff ... ement.html
This action is illegal because the Civil Procedure Rules (CPR) states that
The respondent is the person owing the PCN.Where the address of the respondent has changed since the issue of the warrant, the authority may request the reissue of the warrant by filing a request –
The bailiff company has effectively cheated and hoped that you are unaware of the law and they seek to get fees from you which they know they are not entitled to.
The bailiff company sent a Notice of Enforcement to a list of addresses they think you are at, to see if any of them get a reaction from the respondent. In this case, it did because you contacted them which verified your current address.
Do not try to negotiate with a bailiff company. They are a commercial business out to make money, even if that gain is not compliant with the law.
You must verify that the address on the warrant of control is your PREVIOUS address, or at least, not your current one. Here is how..
Gather all the PCN numbers together, they start with two letters and followed usually by 8 numbers.
Call the Traffic Enforcement Centre (The TEC) on 0300 123 1059 and when you get a robot, press 4 to skip and you will be put in line to a call centre agent.
When the agent picks up, they will ask for the PCN number. They start by asking you to complete a 'security check', and ask to confirm your postcode.
You must give the postcode to your PREVIOUS address.
If they accept that postcode in the security check, you have proved the warrant of control has your previous address.
If you give your current postcode, they will still accept it, and they will change the warrant address to fit that postcode.
I caught them out when a clients tenancy agreement for her current address started AFTER the warrant was issued with her current address on it. It proved that the respondent address on the warrant had been tampered.
It was further exposed when people started giving random postcodes in the security check, and it generated a warrants of control with random addresses on them.
If the security check with your previous address postcode is accepted, then ask for the DATE the warrant was issued.
Then, ask whether the traffic contravention is a moving traffic offence, or a non-moving traffic offence.
The forms to complete are different depending on the type of traffic contravention
If it is a moving traffic offence, then the forms you must complete are PE2 & PE3. Otherwise it is forms TE7-TE9.
When you have confirmed that the warrant has your previous address, download the correct forms, and gather EVIDENCE of your current address. This can be a bill, tenancy agreement or a council tax bill, anything that has your address on it.
If you do not attach evidence of your CURRENT address when emailing the completed forms to the TEC, your application will be dismissed. That is because Section 7 of the Interpretation Act 1978 states that a document, in this case, a Notice to Owner (NTO) is deemed to be served on you (the respondent) unless EVIDENCE TO THE CONTRARY is proved.
When you have filed the completed forms and evidence to the TEC at tec@justice.gov.uk, the enforcement power ceases to be excisable under Practice Direction 75, Paragraph 8.1, and the bailiff may not take an enforcement step, paragraph 6(3) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007.
This article gives more details on how to apply to stop the enforcement of an unpaid traffic contravention debt after being contacted by bailiffs.
https://stopthebailiffs.uk/appeal-traff ... ement.html
-
marksolomons
- Posts: 2
- Joined: 06 Dec 2020 17:43
Re: Marston: Notice of enforcement
Hi Zeke.
I contacted the TEC today as you suggested. When I questioned their representative about the actual address on the PCN's, he would only indicate that the initial part of my address was correct, but that the post code was not. He would not tell me what the actual post code was due to supposed security procedures.
I have now downloaded and completed the PE2 and PE3 forms for each of the two PCN's. I will be at the solicitor first thing tomorrow to get them to counter sign as required by the document. Hopefully, this will now put a stop to the matter.
Kind regards
Mark.
I contacted the TEC today as you suggested. When I questioned their representative about the actual address on the PCN's, he would only indicate that the initial part of my address was correct, but that the post code was not. He would not tell me what the actual post code was due to supposed security procedures.
I have now downloaded and completed the PE2 and PE3 forms for each of the two PCN's. I will be at the solicitor first thing tomorrow to get them to counter sign as required by the document. Hopefully, this will now put a stop to the matter.
Kind regards
Mark.
Re: Marston: Notice of enforcement
I will need to shout this from the rooftops
The supporting evidence of your correct postcode must be attached to your sworn in forms PE2/PE3 when you email them to the TEC.
It looks like the TEC is being more careful with their postcode security check policy.
On your form, PE2 & PE3, under reason(s), say the TEC confirmed your postcode on the warrant is wrong, and they would not give you the actual postcode on the warrant for security reasons.
I am doubtful there is a genuine security reason for not giving the warrant postcode, since they accepted your PCN number and your name. There is little security risk in saying a postcode.
Last year, 2019, an Uber driver with over 28 traffic contraventions gave the postcode N1 9UG in the TEC security check, and it was accepted.
They may have realised the game was up when bailiffs attended the legal correspondence address for the Observer Newspaper.
Bailiffs then targeted the contravention vehicle and clamped it on the street after finding it using a number plate recognition camera, but the bailiff company landed themselves a big bill.
The vehicle was a hire car rented out to Uber drivers and the bailiff company had to swallow the daily hire car and insurance payments on the vehicle.
That is a reminder that you must have your ducks in a row when completing and filing your PE2/PE3’s with your supporting evidence.
The supporting evidence of your correct postcode must be attached to your sworn in forms PE2/PE3 when you email them to the TEC.
It looks like the TEC is being more careful with their postcode security check policy.
On your form, PE2 & PE3, under reason(s), say the TEC confirmed your postcode on the warrant is wrong, and they would not give you the actual postcode on the warrant for security reasons.
I am doubtful there is a genuine security reason for not giving the warrant postcode, since they accepted your PCN number and your name. There is little security risk in saying a postcode.
Last year, 2019, an Uber driver with over 28 traffic contraventions gave the postcode N1 9UG in the TEC security check, and it was accepted.
They may have realised the game was up when bailiffs attended the legal correspondence address for the Observer Newspaper.
Bailiffs then targeted the contravention vehicle and clamped it on the street after finding it using a number plate recognition camera, but the bailiff company landed themselves a big bill.
The vehicle was a hire car rented out to Uber drivers and the bailiff company had to swallow the daily hire car and insurance payments on the vehicle.
That is a reminder that you must have your ducks in a row when completing and filing your PE2/PE3’s with your supporting evidence.