completing TE7 and TE9

Quash the Conviction. Revoke the Fees. Claim Damages for Improper Enforcement Action
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doubleclamped
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Joined: 31 Jul 2017 20:23

#1 completing TE7 and TE9

Post by doubleclamped » 31 Jul 2017 20:45

Hi,

I'm looking for some advice on completing a TE7 and TE9.

Background:
I was recently clamped for a Dart charge crossing. I changed my vehicle details on the website following a crossing, however I did not phone to tell Dart of this change and therefore they did not allocate that charge to my account but instead processed a penalty.
I had also changed my address on my driver's license but not my V5C in error, which was brought to my attention when my car tax went overdue and a reminder was sent to my previous address and I was clamped. The day after this was resolved and clamp removed, the above Dart clamp was applied by Marston.
I did have a mail redirect in place, not from Royal Mail but I know the person living there now that claims no letters have been received.

TE7 and TE9
Obviously I am at fault, however in the Dart instance I argued that I never had intention of avoiding the charge and I had provided all my contact details to Dart, I had also contacted them to pay as soon as I was aware.

The TE9 is straightforward, I have ticked that the PCN was not received and the Penalty charge was paid in full, with the date.

The TE7 reason I have given is: I did not receive the PCN, I was only aware of the penalty upon enactment of enforcement. The PCN was sent to a previous address due to an error (I had changed driver's license address with the DVLA but not my V5C address). I have post forwarding in place but no letters have been received in relation to either matter.

Please can you advise if that sounds acceptable and also whether I need to send any accompanying documents such as the receipt from Marstons?

Thank you.

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Schedule 12
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#2 Re: completing TE7 and TE9

Post by Schedule 12 » 31 Jul 2017 22:08

doubleclamped wrote:
31 Jul 2017 20:45
Hi,

I'm looking for some advice on completing a TE7 and TE9.
Make inquiries with TEC 0300 123 1059 (press 6 to skip robots) when you speak to a human, ask which forms to appeal a Dart Charge.

Background:
I was recently clamped for a Dart charge crossing. I changed my vehicle details on the website following a crossing, however I did not phone to tell Dart of this change and therefore they did not allocate that charge to my account but instead processed a penalty.


I had also changed my address on my driver's license

The warrant will have your old address. Dart Charge will have purchased it from DVLA.

You must make a late appeal on the grounds the address on the warrant is your old address - and include evidence of the date you changed address.


but not my V5C in error, which was brought to my attention when my car tax went overdue and a reminder was sent to my previous address and I was clamped. The day after this was resolved and clamp removed, the above Dart clamp was applied by Marston.
Marston use ANPR to find vehicles. It's illegal and you can claim damages. Enforcement fails because the defendant's address on the warrant is wrong, proving you were not given a Notice of Enforcement as required under provision 7.1 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 (TCEA 2007)

I did have a mail redirect in place, not from Royal Mail
The Notice of Enforcement wasn't given before the bailiff took an enforcement step. Its an enforcement fail.

The bailiff gambled, clamped you in an illegal fly-by-night ANPR operation. They were caught.

but I know the person living there now that claims no letters have been received.

Marston don't always send the statutory notices. They stand to benefit by £235 by not sending them so the bailiff can defraud £235 by ambushing people unawares.


TE7 and TE9
Check those are the correct forms. I’ve seen PE3 and PE2 given by the TEC for a Dart charge.

Obviously I am at fault, however in the Dart instance I argued that I never had intention of avoiding the charge
That doesn't make good the failed enforcement. Paragraph 66 of Schedule 12 of the TCEA 2007 says you can claim damages for failure to comply with the schedule 12 provisions.



and I had provided all my contact details to Dart, I had also contacted them to pay as soon as I was aware.
They will ignore that. They are automatons.


The TE9 is straightforward, I have ticked that the PCN was not received and the Penalty charge was paid in full, with the date.

The TE7 reason I have given is: I did not receive the PCN,
...because the enforcement agent attended my address with a warrant of control showing my previous address.

I was only aware of the penalty upon enactment of enforcement. The PCN was sent to a previous address due to an error (I had changed driver's license address with the DVLA but not my V5C address). I have post forwarding in place but no letters have been received in relation to either matter.
When you return the completed forms, include evidence of the DATE you changed address.

Just because you didn't update DVLA doesn't make good failed enforcement.



Please can you advise if that sounds acceptable and also whether I need to send any accompanying documents such as the receipt from Marstons?
Include all evidence supporting your appeal.

If your appeal is unsuccessful, you cannot add new evidence later. It must be everything at the TEC stage of the appeal.

Thank you.
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Author: dealingwithbailiffs.co.uk

doubleclamped
Posts: 2
Joined: 31 Jul 2017 20:23

#3 Re: completing TE7 and TE9

Post by doubleclamped » 01 Aug 2017 20:51

Thank you for the help, this sounds very helpful.

Can I also ask:
In relation to the clamp I received for my vehicle not being taxed, is there any way I can declare that I did not receive any reminders here too?

Many thanks,

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Schedule 12
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#4 Re: completing TE7 and TE9

Post by Schedule 12 » 05 Aug 2017 16:53

I don't know enough about DVLA clamping Regulations. Others here may be more informed, or I can research it and make an article.
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

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