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Help car is clamped.... delayed response to driving in bus lane !


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Posted (edited)

Drove in a bus lane some time ago and got a ticket but I had moved address and DVLA are were taking  a long time to process paperwork due to corona virus, as reported in the press the guardian newspaper states they have 800,000 un-opened letters!

 

 the first we heard about the offence was from Marston recovery as any details previous went to our old address, the actual fine would have been £25-30 which we would have paid straight away if we had known.

 

We now have fine of £68 + compliance stage fee £75.00 so £143.00. At the bottom of the letter it states.

" you must pay the total amount you owe or phone us to discuss your circumstances by the date and time below, We may be able to offer a payment plan"

 

I rang them and explained what had happened well within this date they sent forms via email to go to the traffic enforcement centre to contest the late response, these were filled out and sent to the TEC recorded,

 

a letter was also sent recorded to Marston Recovery asking them to hold action until the outcome which would have arrived the day of their response deadline being 23.59 of that day they had given us.

 

This morning the car has a clamp on it from Marston and I have to pay £340 now.

 

Should they not have ceased action? or at least let me know they are clamping my car at extra cost?

 

I guess I will have to pay this to get our car in use?

Thanks

Sam           

Edited by dx100uk
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You mean you filed a statutory declaration?

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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You mention that the letter from the enforcement company states that payment must be made by 23.59pm. You have not mentioned what DATE the payment had to be made by. 

 

Secondly, what date did you get the Out of Time Statutory Declaration signed.

 

And lastly, what was the exact date that you sent the forms to the Traffic Enforcement Centre?

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I sent recorded letter 12-08-21 recorded first class, their deadline was 23.59 13-08-21, they told me we had to agree something by phone only and that a letter would unlikely be opened in their office for some time.

They have removed the clamp until the outcome of the Out of Time Statutory Declaration, this was signed 12-08-21 and sent first class recorded, we delayed sending it until the 12th as we could not get either courts in Swindon to witness the signature which is a requirement, we had to pay a solicitor to witness it. 

 

We still feel we were unfairly treated by having our car clamped !

 

So now we await outcome of our appeal. 

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Sending an Out of  Time witness statement by POST as opposed to sending by email was a mistake. Email is always the correct option for these 'time' sensitive applications. 

 

Many members of staff at the Traffic Enforcement Centre are still  working from home so it is taking around 2 days to actually process applications.

 

By sending the forms in the post on Thursday, they may have been received on Friday the 13th but actually 'processing' the applications takes longer. A case file would have to be set up and AFTER 4pm email notification is sent by TEC to the relevant local authority advising them of the application and instructing them to contact their relevant enforcement company to request that they cease enforcement of the warrant. 

 

As you had chosen to post the application forms, the very earliest that TEC would have emailed the local authority would have been AFTER 4pm on Friday (but more likely, to be on Monday). Being Friday, the local authority would have actioned that email on MONDAY morning and notification would have been received at the enforcement company possibly later that day but usually, by the following morning (Tuesday). 

 

You also mention that you had written to Marston by recorded delivery advising them of the application and REQUESTING that they place the account on hold. I am sorry to advise you but they would only obliged  to cease enforcement once they receive formal instruction from their client (the local authority)...OR...if you had set up a payment arrangement.  

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As you were very late in sending the Out of Time application, it would have been far better if you had contact Marston's to set up a payment arrangement. That would have avoided a visit being made and the car being clamped. Most importantly, you would have avoided the debt increasing by £235 (to cover the enforcement fee). 

 

Once a payment arrangement is set up....you are still able to submit an Out of Time Application. You can even do so if you had paid the amount requested. If the application is accepted, you would be given a refund. 

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Thanks All some info here for me to take away next time for sure, I thought companies can always say they didnt get emails via spam blockers etc so did everything letters so I could be sure but yes we were late but I was hoping technically as we had responded by their deadline this would cover me from further action. Anyway thanks for all your help ! 

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