marstons bailiff letter at old address for 2009 Congestion Charge - Help!!

[upthecreek!]

My ex gf of 5 years has just got a marston notice of enforcement letter in the post for me

for a non payment of congestion charge going back to 2009, yes 2009!!!

 

 

she is very worried that bailiff will knock on her door etc,

 

 

i moved out 5 years ago and no longer have the vehicle in question,

 

 

this is the 1st ive heard of this and dont want to give my ex any stress.

 

so my questions are,

is this still valid after all this time?

is the notice from the bailiffs valid?

what can i do to stop this action?

 

any help please

 

rich

[AndyOrch]

Thread moved to the appropriate forum.

 

Regards

 

Andy

[upthecreek!]

is there a link to that forum? sorry if i sound stupid!!

[honeybee13]

You're posting on the thread, upthecreek, it's in the main bailiffs forum.

 

Here's a link in case you want to bookmark it.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?474622-marstons-bailiff-letter

 

HB

[dx100uk]

My ex gf of 5 years has just got a marston notice of enforcement letter in the post for me for a non payment of congestion charge going back to 2009, yes 2009!!!

 

 

she is very worried that bailiff will know on her door etc,

 

 

i moved out 5 years ago and no longer have the vehicle in question,

this is the 1st ive heard of this and dont want to give my ex any stress.

 

so my questions are,

is this still valid after all this time? - yes

is the notice from the bailiffs valid? - yes

what can i do to stop this action? - pay it

any help please

 

rich

 

 

there should have been several notices from TfL before the bailiff letter,

was the car registered at that address

or a previous one?

[sgtbush]

She will of received lots of letters.

Your name address will be in trace at the moment.

Is it valid. Yes

Is the notice from enforcement agents valid.. Yes

What can I do.... Pay it

[upthecreek!]

there has been no letters or notices sent by tfl or the bailiffs to the house, if i type the pcn and my old reg number in the tfl cc website it says

 

20/12/2009 23:10:01 PCN issued

25/02/2010 19:00:01 Charge certificate

12/08/2010 16:44:57 Debt registration accepted

13/08/2010 02:00:55 NoDR sent

07/02/2017 13:53:36 Warrant Request Accepted

07/02/2017 13:58:40 Exported to Enforcement Agent(Marston Group Ltd)

 

the pcn was issued 8 years ago,

i left the house 5 years ago,

 

 

i had no notice about this charge so why are they acting on it now?

8 years after?

 

why wasnt a warrant issued back in 2010?

and if a warrant was issued why wasnt it acted on,

the warrant only lasts for 1 year from date of issue.

 

i did not know anything about this until today so why should i pay it,

 

surly Under the Limitation Act 1980 debt if any,

is void because its over 6 years old

 

i lived at the address 3 years after the pcn was issued, why didnt they chase it?

 

 

the history of the pcn is above,

it clearly shows no enforcement was acted on,

its says a charge cert was issued but i never got that or anything else.

[dx100uk]

cant be statute barred sadly.

 

 

now just one additional piece of info.

where was the CAR registered in 12/2009?

[upthecreek!]

at the same address where i lived, the same address where she got the notice today.. i have not lived there for 5 years

[dx100uk]

I believe the following is correct...

 

You need to file an Out of Time Statutory Declaration with the Traffic Enforcement Centre.

 

However, this concerns CC London and frankly,

 

I am certain that if this is brought to their attention monday they would most likely put the account on hold.

[upthecreek!]

"file an Out of Time Statutory Declaration with the Traffic Enforcement Centre!"?

who would be out of time? me or tfl?

 

this is the 1st ive heard of this action

so how would i be out of time,

and being that its 8 years old surely it cant be actioned on.

 

i just dont understand why its taken so long for them to send any paperwork etc,

 

i was living at the address for 3 years after the said non payment so they had plenty of time to come round my house etc etc, but nothing, i dont live there any more nor do i live in the same town....

 

just confused why a warrant wasnt issued back in 2010.

[dx100uk]

you file it as you didnt receive any original paperwork.

 

 

I think that's correct

but you need to go read a few threads yourself

 

 

use our search cag box in the top red toolbar

[Bailiff Advice]

Almost certainly, you need to be submitting an Out of Time witness statement with the Traffic Enforcement Centre. Before doing so, have you spoken with Transport for London?

 

A number of local authorities are issuing warrants for ancient contraventions (such as this one) and I find it very worrying indeed. I have emailed TfL this morning for clarification on this new initiative.

 

What is the amount that the enforcement company are seeking from you?

[upthecreek!]

the fine is £185 and compliance stage is £75 until they make a visit.

 

i will contact them to tomorrow morning as i dont want them to visit my exs house has she very vulnerable and dont need bailiffs banging on her door in the early hours!!