Can someone please help me?
I got two PCNs for using the Dartford Tunnel last year. My dad was dying and I wasn't paying full attention when driving as I was very upset, and went through it, when I was meant to get off at the junction before. So I immediately came back, and they issued me two tickets. You can see from the timestamps of the two tickets that they differ by just a few minutes, so that is proof that this was a genuine mistake, and I am sure they would take the mitigating circumstances into consideration and waive the fine. The problem was I was devastated at my dad having died, and did not appeal in time, and Marston then contacted me in October, stating
Unfortunately, I forgot to do this. Just to clarify, my mental health has been really bad for the past few years, I have been unemployed since 2014, my career is in tatters, and doing the simplest of things can be very difficult, and I genuinely did forget to do this.I have noted the information you have provided however I must advise that if you wish to dispute this matter, you will need to contact the Traffic Enforcement Centre (TEC), St. Katherine's House, 21-27 St Katherine's Street, Northampton, NN1 2LH, to make an Out of Time Witness Statement against each of the above Penalty Charge Notices using forms TE7 and TE9, which can also be found on their website:
I am able to offer 14 days from the date of this email for you to submit your Out of Time Witness Statements or to make payment against the outstanding amounts. All available methods of payment are explained in our information on how to pay section.
If your Out of Time Witness Statements have not been successfully filed with the Traffic Enforcement Centre by the end of this period, we will be required to continue enforcement of the above-numbered Warrants.
If the Warrants also remain unpaid at that time, an enforcement agent may be required to re-attend your address to enforce the Warrants and confirm your circumstances. When an enforcement agent attends your premises, you will incur additional charges. Please also be aware that your goods may be at risk if information you supplied is inaccurate, or payment is not made.
I heard absolutely nothing from Marston since. Then today, as I was leaving home after noon, I saw a letter titled "Notice after entry or taking control of goods on a highway", and it stated that my car has been clamped and I have to pay 425 pounds to release it. This was a bombshell, I need my car to visit my mum who lives 70 miles away, I take her to her hospital appointments, in January her doctor asked me to take her to A&E because the doctor was worried about her, I always need my car in case there is an emergency, so I called Citizens Advice Bureau, because I thought surely they cannot just come and clamp your car without a warning? I mean, surely there must be a process, Marston's email mentioned nothing about taking control of goods, I have heard nothing from them since, surely this cannot be correct, my degree is in Computer Science, I know nothing about the Law but I know a lot about Logic, and logically, there has to be a process before they can just clamp your car, like some discussion, but CAB said I must pay the money, the woman said she will send me 150 pounds in food vouchers to help me, but the other money I had to pay from what my mum has lent me, I am already in so much debt, and now this just means more debt that I will have to pay back.
Just to clarify, I heard absolutely nothing from Marston since October, I even forgot about this charge, then today I had the notice, and on the notice the guy had written that I have to pay by 12.00 today or they might take my car, and when I phoned him, pleading with him to unclamp it, he said he won't until I pay him 425 pounds. Does the law allow this? Can they just clamp a car without even telling you they are about to clamp it?
Thank you.
