Hi All,

Last year Islington Council put a really nasty bus lane * camera at the entrance to the street I parked on..

I thought I had got away without falling foul of it, as I'd used the lane several times prior to a friendly neighbour warning me of its presence,

this morning I found that's not the case as my car is currently clamped for 5 outstanding PCNs!

I'm not wishing to dispute the PCNs as it's a fair cop and I should have been more aware, but I would like some advice on how to handle Equita today.

I called the EA at 07:20 asking for PCN details and explained that I'd most likely be submitting OOT forms to TEC; he obliged and said he'd call back, was pleasant to deal with, everything seemed OK.

However, at about 10:20 I got a call from a recovery driver asking if I'd like to hand over the keys when they tow my vehicle.

I called the EA right back to explain and he eventually gave me the PCN numbers, so I called Islington council to get the details and submitted my forms to TEC.

I've done all I can for now, but am sat in my van and cannot leave because they've sent someone to tow it.

That whole thing seemed really suspicious to me, but I can't take the risk as it would be incredibly annoying to have my car towed prior to TEC giving the EA notice to cease recovery actions.

Can anyone advise?

Am I just destined to spend the day sat in my van?

If I were to leave and they towed it, then TEC gave notice to cease enforcement,

is there anything I could do other than pay towing & release fees?

*It's not really a bus lane, I just don't know what to call it.

The road used to have a traffic island in the middle with two very narrow passages either side, but the council removed the island and put a wide lane through the middle.

I used this lane as the passages were only just wide enough for my van and did so for about 2 weeks until a neighbour stopped me to explain it's for exiting only and pointed out the camera.

From my call to Islington Council, I have EIGHT outstanding PCNs from the first 8 days of this restriction being in place - five of which are involved today.

Moved to the bailiff forum

 

I thought I had got away without falling foul of it, as I'd used the lane several times prior to a friendly neighbour warning me of its presence,

 

this morning I found that's not the case as my car is currently clamped for 5 outstanding PCNs!

 

I called the EA at 07:20 asking for PCN details and explained that I'd most likely be submitting OOT forms to TEC; he obliged and said he'd call back, was pleasant to deal with, everything seemed OK.

 

I called the EA right back to explain and he eventually gave me the PCN numbers, so I called Islington council to get the details and submitted my forms to TEC.

 

From my call to Islington Council, I have EIGHT outstanding PCNs from the first 8 days of this restriction being in place - five of which are involved today.

From your post you appear to be mentioning a fair amount about the unfairness of the offences but there is no mention whatsoever as to whether or not you have received any previous correspondence from Islington and if not.....why?

For example, did you move address?

Did you updated your address details on the V5C (Log Book) with DVLA?

Thanks for the reply.

Yes I had moved address and neglected to update the V5; I didn't include that info as I had already submitted my forms to TEC so wasn't looking for advice there.

The above has come back to bite twice now, as I picked up several PCNs within a short space of time while moving house - some were paid, some were not present on the vehicle, but the majority were CCTV-related with no physical ticket (as OP) so I was unaware of them until the van was clamped.

My forms have all been approved by TEC and sent to Islington Council, who have sent notice to the EA, but my van remains clamped. I'm chasing the EA this morning but no joy as yet.

 

My forms have all been approved by TEC and sent to Islington Council, who have sent notice to the EA, but my van remains clamped. I'm chasing the EA this morning but no joy as yet.

Given that you have multiple tickets I really do hope that you sought advice before submitting the forms to the Traffic Enforcement Centre. After all, Out of Time witness statements are County Court procedures.

The forms have not been 'approved' by the Traffic Enforcement Centre. They have been 'processed' by them and notification has been given to Islington who in turn, would be obliged to inform their bailiff provider to temporarily cease all enforcement. As you had only submitted the forms to TEC yesterday, I would expect the enforcement company to have received notification this morning.

I am not sure why you would be chasing the enforcement agent this morning?

Just so that you are aware, there is no legal obligation on him to remove the clamp. You should not expect to receive a decision from the Traffic Enforcement Centre for approx a month to 6 weeks. Many enforcements agents will remove the clamp but others are not so willing.

I didn't seek any legal advice, if that's what you mean. I was honest on the forms, however, so I don't expect to have any issues.

They have been 'processed' by them and notification has been given to Islington who in turn, would be obliged to inform their bailiff provider to temporarily cease all enforcement.

Just so that you are aware, there is no legal obligation on him to remove the clamp.

Is this not contradictory? If the EA has been notified to temporarily cease enforcement, yet they keep control of the vehicle, are they not disobeying the instruction? Further, if there is no current order for enforcement, due to the LA's instruction, are they not therefore seizing the vehicle without grounds?

I'm chasing the EA as I am self-employed and this is my only means of doing my job. I'm now missing two days of work and income.

 

Is this not contradictory? If the EA has been notified to temporarily cease enforcement, yet they keep control of the vehicle, are they not disobeying the instruction? Further, if there is no current order for enforcement, due to the LA's instruction, are they not therefore seizing the vehicle without grounds?

By applying an immobilisation device, the bailiff has merely 'taken control' of the vehicle. As the warrant has now been placed ' on hold' he cannot continue with enforcement by removing the vehicle for sale.

Your comment that there is no 'current order' for enforcement is incorrect I'm afraid. The order is the warrant of control and that has not 'ceased'. A temporary hold has been placed on taking any further enforcement action. That is all.

As I have said above, many enforcement companies will remove the clamp but this does not mean that they all have to. Whatever you do, do not threaten the enforcement agent with complaints/litigation etc. That would be the wrong approach.

OK thanks for clarifying.

I've been on good terms with the EA throughout and he's been nothing but polite and professional with me, thankfully.

He's said he will remove the clamp as soon as he gets notice through but this is the bit that seems to be taking time

- I assume because there are several PCNs involved and it's a complex case.

I'm going to continue to be polite as that's of course the best way to get a reasonable response.

Plus he's just doing his job.

He's said he will remove the clamp as soon as he gets notice through but this is the bit that seems to be taking time - I assume because there are several PCNs involved and it's a complex case.

Being 'complex' would not affect the timing of enforcement being placed on hold.

It is always the case that each Out of Time witness statement should be sent to TEC by way of separate emails. In that way, you would receive individual notification from the Traffic Enforcement Centre of safe receipt and it would be easy to identify whether an application has 'gone astray'. TEC is an extremely busy place and much more so in the past 2 years since the introduction of Dart Charging. Given how amicable the enforcement agent is being, I would expect that clamp to be removed by mid morning tomorrow.

Yes all forms were sent one PCN at a time in separate emails, and all got receipts.

From speaking to the various parties involved, TEC have sent notification to Islington but they have not processed it yet, and the EA is waiting for the info to trickle down. I'm hopeful the clamp will be removed tomorrow morning as you also mentioned.