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#Post#: 71127--------------------------------------------------
Bailiff stage - PCN received from Salford council with wrong
name due to driving in bus lane
DIR By: Fenwick
Date: May 12, 2025, 4:16 pm
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PCN received from: Salford City Council
Contravention: Driving in bus lane
Location: Chapel Street
Date: 15/5/2024
Hi everyone,
I've been fighting Salford council for a charge I've been issued
with the wrong name on that occurred on the 15/5/2024.
Essentially, there was a spelling issue with the name I had
registered with the DVLA (all fixed now). I moved house in
April, the offense occurred in May and I didn't update my
address with the DVLA for that car until after the offense, so
all correspondence has been going to a house I didn't live in
with the wrong name on. I've attempted to file a statement out
of time, but only delayed proceedings by a bit.
The case has been handed over to Marston Holdings for debt
chasing.
I've since completed a subject access request with Marston and
can see that my case has been put into a stage of "case
monitoring" which expires on the 24/9/25. I'm wondering if
anyone knows what is likely to happen at that date? I'm also
wondering if I have any grounds to contest this as the
correspondence has been sent to the wrong name. I've tried this
before and Salford have rejected it. I haven't admitted to being
the one driving at the time.
Please see the pdf attached for the juicy details. Also, a photo
of the contravention. If I've missed anything, please let me
know.
Any advice anyone is willing to give would be massively
appreciated, and thank you sincerely for taking the time to read
this
[attachment deleted by admin]
#Post#: 71136--------------------------------------------------
Re: Bailiff stage - PCN received from Salford council with wrong
name due to driving in bus lane
DIR By: stamfordman
Date: May 12, 2025, 5:11 pm
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--- Quote from: Fenwick link ---
>
> The case has been handed over to Marston Holdings for debt
chasing.
>
--- End Quote ---
When did you first know about the PCN and how.
Have you been served with an enforcement notice at your address.
Sounds like the name and address issue is your fault. The
address is crucial to receiving PCNs.
#Post#: 71159--------------------------------------------------
Re: Bailiff stage - PCN received from Salford council with wrong
name due to driving in bus lane
DIR By: Fenwick
Date: May 12, 2025, 7:07 pm
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First of all, thank you so much for getting back to me so
quickly!
But absolutely the name and address were my fault. I found out
in November when I got my post from the old address. I've not
received one at my current address yet
#Post#: 71173--------------------------------------------------
Re: Bailiff stage - PCN received from Salford council with wrong
name due to driving in bus lane
DIR By: H C Andersen
Date: May 13, 2025, 1:57 am
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Pl forget everything else and just explain this:
'..so all correspondence has been going to a house I didn't live
in with the wrong name on. I've attempted to file a statement
out of time, but only delayed proceedings by a bit.'
If you have submitted an OOT SD then enforcement action is
stayed, you get a copy of any objection lodged by the authority
at TEC objecting to the grant of a revoking order and there's
nothing for you to do except wait and draw on our expertise with
those matters which are germane.
IMO
Scenarios:
1. TEC refuse your application, in which case enforcement
proceeds.
2. TEC accept your application in which case (presuming you
cited the reason 'Did not receive PCN/NTO) the authority may
issue a fresh notice and you're back to the beginning.
As regards 1, whether they do or not is out of your hands
because you've submitted your application and we can't help with
its contents. Pl post a copy and anything you've received from
the council as regards this process(not the PCN). As regards
enforcement, it's possible that if Marstons have not followed
correct procedure, for example if you haven't received a Notice
of Enforcement, then this part of the debt could be susceptible
to challenge outside the TEC procedure.
But my guess is that you have received the NoE at your correct
address and it was this which alerted you to the PCN and warrant
and caused you to submit your OOT. But pl explain this in your
own words.
#Post#: 71458--------------------------------------------------
Re: Bailiff stage - PCN received from Salford council with wrong
name due to driving in bus lane
DIR By: Fenwick
Date: May 14, 2025, 7:39 am
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Hi,
So the OOT was refused by the Traffic Penalty Tribunal on 26
March 2025, stating that my Out of Time application was refused
on 20 March 2025, and as a result, enforcement action resumed on
27 March 2025. (I've asked for a copy of the order).
In terms of the NoE, it was issued to my old address, yes, I
haven't received a new one to where I currently live, but I am
obviously apprehensive about giving them my new address.
Thank you!
#Post#: 71789--------------------------------------------------
Re: Bailiff stage - PCN received from Salford council with wrong
name due to driving in bus lane
DIR By: Fenwick
Date: May 16, 2025, 5:33 am
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I don't suppose anyone has had chance to look at this? My case
has been put into a stage of "case monitoring" which expires on
the 24/9/25, and I'm wondering what course of action Marston is
likely to take at that point. Will they offer to settle for a
reduced amount, or start to add on more fees?
#Post#: 71821--------------------------------------------------
Re: Bailiff stage - PCN received from Salford council with wrong
name due to driving in bus lane
DIR By: disgruntchelt
Date: May 16, 2025, 9:17 am
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How are they going to enforce a debt against someone that
doesn’t exist?
It’s in the wrong name at the wrong address.
Phone the council, offer to pay the discounted PCN amount and
explain they can take that or have nothing.
#Post#: 71824--------------------------------------------------
Re: Bailiff stage - PCN received from Salford council with wrong
name due to driving in bus lane
DIR By: H C Andersen
Date: May 16, 2025, 9:32 am
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IMO, far too sweeping a statement.
Firstly, the OP would have used their current address in their
OOT so this isn't a secret.
Secondly, they have not disclosed the difference in name - which
might be insignificant in any event, played no part in their
predicament which was caused by the wrong address at that time
and is now known to the council.
But the OP has no appeal route as regards everything up to the
warrant. And these details could be changed in a trice.
But OP, you could perhaps avoid the £235 enforcement stage fee.
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