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Wondering if one of the experienced users on here can help here with this one?

 

Yesterday afternoon I found my car clamped by Marstons Bailiffs - no paperwork whatsoever only a scribble and phone number so I phoned them to find out that apparently I failed to pay the congestion charge in November last year but know nothing about it as they send all paperwork to a previous address even though I updated my address with the DVLA in 2017!!!

 

Then the bailiff stopped answering any of calls when I tried to ask her about PCN information etc and the TEC phonelines were not being answered yesterday so in a panic I phoned TfL got my PCN details, filled out the PE2/PE3 forms and headed into central London to the local magistrates court to get it signed for £25 (yes I now realise I could have gone to county court and got it for free but never mind)- was in major panic as bailiff was threatening to tow car in 2 hours- filed everything with TEC at yesterday and just had confirmation of filing today.

 

So now TfL have it the question is how long will it take to halt recovery and will they remove the clamp? Also who can I phone for advice? TfL say they have not received the filing from tec yet and the bailiffs wont answer my calls. I need the car as I am the named driver for my disabled father who needs to be taken back and forth to hospital. This has caused me an undue amount of distress and i genuinely dont feel i have done anything wrong - had I known id have to pay a congestion charge on the day in question i would have done. as it happens i have no recollection of that day whatsoever was it was a year ago and i have no access to any paperwork (bailiff has refused to give me anything ive asked for).

Edited by Andyorch
Paras
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Hi.

 

 

I'm sorry you haven't had any replies so far, I expect it's because it's holiday season and the experienced users haven't been around since you posted.

 

 

I expect they'll be along today, please bear with us. :)

 

 

HB

Illegitimi non carborundum

 

 

 

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Then the bailiff stopped answering any of calls when I tried to ask her about PCN information etc and the TEC phonelines were not being answered yesterday so in a panic I phoned TfL got my PCN details, filled out the PE2/PE3 forms and headed into central London to the local magistrates court to get it signed for £25 (yes I now realise I could have gone to county court and got it for free but never mind)- was in major panic as bailiff was threatening to tow car in 2 hours- filed everything with TEC at yesterday and just had confirmation of filing today.

 

So now TfL have it the question is how long will it take to halt recovery and will they remove the clamp? Also who can I phone for advice? TfL say they have not received the filing from tec yet and the bailiffs wont answer my calls. I need the car as I am the named driver for my disabled father who needs to be taken back and forth to hospital. This has caused me an undue amount of distress and i genuinely dont feel i have done anything wrong - had I known id have to pay a congestion charge on the day in question i would have done.

 

I'm sorry for the delay in responding.

 

It truly is dreadful trying to get through to the Traffic Enforcement Centre by phone and the reason for this is simply because members of the public continue to ring TEC to ask for Out of Time witness statement forms (TE7 and TE9 or PE2 and PE3) instead of downloading the forms from the TEC website !!!

 

The Traffic Enforcement Centre process OOT forms up until 4pm on any weekday.

 

If the forms are with them by that time, TEC will send electronic notification to the relevant local authority (including Highways England and Transport for London) advising that they have received the forms and instructing them to notify their relevant enforcement company of the forms and instructing them to place enforcement 'on hold'. In reality, most local authorities do NOT receive notification of the application until the following weekday morning.

 

In your case, you mention this:

 

'Filed everything with TEC yesterday and just had confirmation of filing today'

 

The above comment is rather odd because it is usual to receive confirmation from the Traffic Enforcement Centre of safe receipt within approx 15 minutes of emailing the forms.

 

Has the clamp been removed yet?

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no problem and many thanks for taking the time to respond.

 

in answer to your questions:

 

1. yes I received automated confirmation immediately after sending the pe2/pe3 forms but that was at 16:30 on Monday so I guess I missed the 4 pm slot for them to file it the same day. I then phoned Tuesday morning and they said they cant see it in the system yet as it hadn't been processed and is probably still in the email and told me to phone back at 4pm. So I phoned at 4pm on Tuesday and was told 'yes these have been filed" that's what I mean by confirmation its filed - I asked when TfL will know they said between 16:30 and 17:00 they sent an automatic email for all the forms they process that day so they said I should wait until then before contacting TfL. so I did exactly that - I phoned TfL at 17:30 and then later at 19:30 and both times were told they had received no notification. Then finally I phoned at 9:30 am yesterday and was told they had received it that morning at 7:30 and halted action but would not be able to remove the clamp until TEC has made a decision and said it could be weeks!!!!

 

 

so now I am somewhat relieved that can no longer tow the car, but indeed the clamp is still on, the bailiff will not respond to my texts/calls and no one will tell me how long it takes to find out if my stat dec will be accepted or not :(

I really need the outcome soon as my disabled father relies on me for transport :(

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1. yes I received automated confirmation immediately after sending the pe2/pe3 forms but that was at 16:30 on Monday so I guess I missed the 4 pm slot for them to file it the same day. I then phoned Tuesday morning and they said they cant see it in the system yet as it hadn't been processed and is probably still in the email and told me to phone back at 4pm.

 

So I phoned at 4pm on Tuesday and was told 'yes these have been filed" that's what I mean by confirmation its filed - I asked when TfL will know they said between 16:30 and 17:00 they sent an automatic email for all the forms they process that day

 

They said I should wait until then before contacting TfL. so I did exactly that - I phoned TfL at 17:30 and then later at 19:30 and both times were told they had received no notification. Then finally I phoned at 9:30 am yesterday and was told they had received it that morning at 7:30 and halted action but would not be able to remove the clamp until TEC has made a decision and said it could be weeks!!!!

 

 

So now I am somewhat relieved that can no longer tow the car, but indeed the clamp is still on, the bailiff will not respond to my texts/calls and no one will tell me how long it takes to find out if my stat dec will be accepted or not :(

I really need the outcome soon as my disabled father relies on me for transport :(

 

It is sadly the case that motorists complete these Out of Time witness statements without taking advice beforehand, and without ever completing county court documentation before. To give advance warning to you, because of the above, approx 65% of these applications are rejected.

 

Before submitting the OOT, you would have needed to find out the date of the contravention. Clearly you had moved address but you had not mentioned WHEN you moved and when roughly you had updated your address details with DVLA. If you could respond on these points that would assist.

 

 

Agreement. It is their decision.

 

If you make payment, you would be entitled to a refund if your application is accepted. However, I am cautious of making this suggestion. This is because of the contents of correspondence that I received two days ago from TEC which I find to be frankly alarming:

 

According the MOJ, if payment has been made of the amount statement on the warrant and bailiff fees, then the Court Officer will REJECT the OOT on the basis that the matter is CLOSED. As far as I am considered, this argument is fundamentally wrong and I WILL be challenging it !!!

Edited by honeybee13
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Sorry, I should have mention this as well in my above post:

 

Although there is no legal obligation to do so, some enforcement companies will leave the vehicle immobilised for this period(approx 6 weeks) but there really should be no reason to do so. The enforcement company could just as easily list the vehicle on a Controlled Goods Agreement.

 

You mention that the vehicle is needed for the transportation needs of your father who is disabled. Does you father hold a Blue Badge? If so, you should inform the enforcement company asap.

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