TEC / Council PCN/ Bailiffs/clamp **Resolved**

[samj8042]

We applied for a Response to Out of Time Application with the Traffic Enforcement Centre and posted it on the 12-08-21 first class

 

. We also sent recorded letter to the enforcement agents Marston Recovery on the same date to tell them we had filed the application with the TEC and could they hold any further action.

 

We however got clamped early in the morning of the 18-08-21 and when we rang Marston recovery they said they had received notice to hold action from the council so came and removed the clamp but we have been charged a further £240 pounds now for the clamp which Marston wont refund as they claim they received the notice to hold action on the day of the clamping .

 

Do we have grounds to revert the fine back to £143.00 as it was before the clamp on the basis it shouldnt have taken 6 days from our application to put a hold on any further action.

 

Thanks if anyone can help.          

[dx100uk]

No but you could do a change back?..just saying...

[Bailiff Advice]

50 minutes ago, samj8042 said:

We applied for of Time Application with the Traffic Enforcement Centre and posted it on the 12-08-21 first class

 

We also sent recorded letter to the enforcement agents Marston Recovery on the same date to tell them we had filed the application with the TEC and could they hold any further action.

 

 

 

An Out of Time application is a 'time sensitive' application and as such, should ALWAYS be sent to the Traffic Enforcement Centre by email.....and not by post. 

 

The 12th August was a Thursday. I am assuming that when posting, you had sent the documents to Northampton County Court. If so, and assuming that the court received your correspondence on Friday 13th August (which would be most unlikely), it would have to be passed by the court to the Traffic Enforcement Centre. By the time that this would have been received by TEC would not have been before Monday 16th August at the very earliest. 

 

Currently...due to COVID 19, TEC staff are still working from home. That is why there is a 2 day delay in processing email applications. Postal applications.... much longer.

 

You mention that you had also notified Marston of your intention to file Witness Statements and requesting that they place a 'hold' on your account.  There is absolutely no legal obligation on Marston to abide by your request. It would be for the local authority to instruct Marston's to place the account on hold. 

 

If your application is accepted (a decision will take approx. 6-8 weeks), the local authority would then reissue you with a fresh Penalty Charge Notice. You can then pay the council at the earlier discounted rate. If the application is rejected, bailiff enforcement will re-commence. 

 

 

[samj8042]

I wrote to the council directly to press our case for them to agree the late filing and they have replied telling me they will accept full and final payment of £30 and the case is closed. So does this mean the TEC will not take anything further?

[dx100uk]

Yep done and dusted

[samj8042]

Great thanks !

Great thanks !