Merseyflow Out of Time Witness Statement
If you have received a letter , text message or visit from Marston Holdings, in relation to an unpaid Merseyflow Penalty Charge Notice (PCN) that you were unaware of, it is usually because all correspondence had been sent to a previous address. Fortunately, legislation is in place to protect you. Bailiff enforcement will be suspended for a short while (approx 4-6 weeks) when a Merseyflow Out of Time Witness Statement (TE7 and TE9) is submitted to the Traffic Enforcement Centre (TEC).
What is an Out of Time witness statement?
Quite simply, it is a witness statement that is filed LATE. The purpose of the witness statement is effectively to put something right that may have gone wrong at an earlier stage. For example; if correspondence had been incorrectly addressed (because you may have moved address etc) or, if you had appealed the PCN and had not received a response etc). If the court accepts your late Witness Statement, the debt (and bailiff fees) will be cancelled. Merseyflow will issue a new Penalty Charge Notice.
To improve the chance of your Witness Statement being accepted, please consider taking advice before submitting your forms. Our contact details are below.
A Word of Warning.
Before rushing off and submitting a Merseyflow Out of Time or late witness statement, please read this page carefully. Motorists should not be fooled into believing that just because the forms (TE7 and TE9) look easy to complete, that their application will be accepted. An Out of Time witness statement is a Court procedure. Unless you have previously drafted court documentation, you really should not be submitting these applications without seeking advice beforehand. You can do this by emailing a question to us using our online Enquiry Form.
Sadly, it is usually because of poorly drafted Out of Time or late witness statements that approx 65% of Out of Time witness statements are currently being rejected. Although there is a procedure to have the rejection reconsidered by a Judge, there is a court fee to pay of up to £255 for such an application. Worse still, this fee applies to EACH Merseyflow Out of Time witness statement rejected.
Why was correspondence sent to my previous address?
Usually because the V5C/Log Book had not been updated with DVLA following a change of address. When a vehicle makes a journey over the Mersey Gateway Bridge without paying (or if a payment is made late), an electronic request is made to DVLA for vehicle keeper details. DVLA will respond with the name and address registered for that particular vehicle at the date of the crossing. Sadly, since the scrapping of paper tax discs, many people forget to update their V5C/Log Book when they move address. This is very common problem indeed.
I did not update my V5C (Log Book) when I moved, can I still file a late Witness Statement?
Yes you can and in fact; the vast majority of enquiries that we receive are from motorists who had forgotten to update their address details on their Log Book with DVLA when they moved house.
My Merseyflow account has been closed.
This would usually be due to insufficient funds being in the bank account on the day you used the Mersey Gateways Bridge. Another reason for the closure of an account would be if the registered debit or credit card had expired. If your debit or credit card expires, you must update your Merseyflow account.
Correspondence from Merseyflow had been sent to the vehicle hire company or finance company.
If you make a journey over the Mersey Gateway Bridge in a hire vehicle and fail to pay the toll fee, a Merseyflow Penalty Charge Notice will be sent to the registered keeper…..this would be the hire company. They in turn will request that liability be transferred to the hirer and in doing so, will rely upon the name and address provided at the time of hire. Another problem that we see quite often is where the V5C is held by the finance company. In such cases, it is important to remember to inform the finance company if you move address.
I updated my driving licence when I moved so DVLA were aware of my address.
It’s not quite as simple as that I’m afraid. A driving licence is merely confirmation that you have passed a driving test. A V5C (Log Book) on the other hand, is the registration certificate for a particular vehicle. We receive an astonishing number of enquiries from the public regarding correspondence going to a previous address. Of interest, is that in the vast majority of cases, when a motorist moves address, he usually remembers to update his driving licence….but forgets to update the V5C (Log Book) !!
What are the grounds for filing a Merseyflow Out of Time Witness Statement?
A Merseyflow late witness statement can be submitted on four specific grounds; but the most common are that:
- You did not receive a Merseyflow Penalty Charge Notice (usually because all notices had been sent to a previous address).
- You appealed the Merseyflow Penalty within 28 days but did not receive a Notice of Rejection.
I have multiple Merseyflow Penalty Charge Notices
If you have Marston bailiffs seeking to enforce more than one Merseyflow Penalty Charge that you had been unaware of, you would need to submit separate Out of Time witness statements for each Merseyflow PCN. If you have multiple Merseyflow penalties that you had not known about, please consider seeking advice from us before you submit Out of Time witness statements.
What will happen when I submit my Merseyflow Out of Time Witness Statement?
We receive so many enquiries from motorists asking what will happens once that they have sent an Out of Time witness statement to the Traffic Enforcement Centre that we decided to introduce this Traffic Enforcement Centre FAQs page to our website.
Will the debt be cancelled if I file a Merseyflow Out of Time witness statement (TE7 and TE9?)
Only if your application is accepted will the debt (including bailiff fees) be cancelled. A decision usually takes around 4-6 weeks. A new Merseyflow Penalty Charge Notice may be issued. You will then have the opportunity to pay the charge at the earlier discounted rate (of £20 plus the toll fee).
What happens if my Out of Time witness statement (late appeal) is refused.
Bailiff enforcement will cease being on hold. There is an option to have the rejection of your Merseyflow Out of Time witness statement reviewed at court. Unfortunately, there is a court fee for a review of up to £255. This fee is payable for each Merseyflow Out of Time witness statement rejected !! The rejection of an Out of Time witness statement is outlined in more detail here.
Help with drafting a Merseyflow Out of Time Witness Statement
We have been assisting motorists with drafting Out of Time witness statements (TE7 and TE9) for the past 12 years and consequently, we know what information needs to be provided on the forms in order to improve the chance of the application being accepted. Because of our long experience with drafting these applications, a very high percentage are accepted. We are justifiably proud of this position. If you require our assistance, please see our contact details below. We charge a fee of £45 for this service. In cases where there are multiple Merseyflow penalties, we substantially discount our fees.
Commentary from Bailiff Advice Online
If you require assistance with drafting of your Merseyflow witness statement forms TE7 and TE9, you can email a question to us using our online Enquiry Form. Alternatively, you can contact our free helpline. Details are on our Contact page.
Lastly, our Simplified Guide to the Taking Control of Goods Regulations 2013 can be read here.