The Appeals Process – Merseyflow

Merseyflow charge at Mersey Gateway Bridge Crossings – Penalty Charge Notices (PCNs)

Penalties for failing to pay a charge at the Mersey Gateway Bridge Crossings are £40. In all cases the charging authority (Halton Borough Council) must accept 50% (£20) if they receive the payment within 14 days. PCNs issued for failing to pay the Merseyflow charge at the Mersey Gateway Bridge Crossings will be sent through the post to the vehicle owner – this is the person on the DVLA record as the registered keeper.

The procedure for challenging this type of PCN is set out below.

If you do nothing i.e. don’t pay the penalty or make representations (challenge the PCN) to the authority the penalty will increase. If the penalty has not been paid after 28 days, the penalty increases to £60 payable within 14 days. If the penalty remains unpaid beyond 42 days, the authority will register the penalty as a civil debt and recovery action will begin if it is not paid after a further 36 days.

Representations (challenging the PCN with the Charging Authority)

To challenge this kind of PCN contact the charging authority (Halton Borough Council) which issued it as soon as possible – read the notice for details. Quote the PCN number and say why you believe you should not have to pay.

The charging authority will decide whether or not to cancel the PCN. If they cancel it, you have nothing to pay. If they don’t cancel it, you can either pay the penalty or appeal to the independent adjudicator at the Traffic Penalty Tribunal.

If you pay within 14 days, you only have to pay 50% of the penalty. If you challenge within 14 days and the authority rejects it, they will usually reset the 50% rate for a further 14 days. You can check with them whether they will do this. Otherwise you have 28 days from when the notice is delivered* to appeal against it to the authority.

For more information about paying or challenging the penalty with the charging authority please follow the link to Merseyflow.

Notice of Rejection of Representations

The authority will consider your representations. If they agree with you, they will cancel the PCN and you pay nothing. If they don’t, they will send the owner a Notice of Rejection of Representations (NoR) and tell you how to appeal to the independent adjudicator at the Traffic Penalty Tribunal. This information (a PIN, web link and telephone number) will be contained within the NOR.

Appeal to the independent adjudicator at the Traffic Penalty Tribunal

At this stage you should either pay the penalty or appeal to the independent adjudicator. You have 28 days from when the NoR is delivered* to pay or appeal. But it is best to appeal as soon as you decide to, because if you delay beyond 28 days you may lose the right to have your case considered by the adjudicator. You can only appeal to the adjudicator once the charging authority has issued an NoR.

View the grounds on which an adjudicator can cancel a PCN

Ready to appeal

*Delivery is usually deemed to be 2 working days after the date on the notice.

The recent case of Mr Curzon vs Merseyflow has recently rules that PCN's issued by Merseyflow are UNENFORCEABLE.

Mr Curzon appeals against the enforcement of these two penalty charges on several principal grounds. He asserts that, in very brief summary:

1. the charging order is invalid because it may not coexist with pre-existing byelaws;

• (grounds 8(1)(e) and (g) of the 2013 Regulations: no penalty charge is payable under the charging scheme and or procedural impropriety)

2. the signage is inadequate and, in particular, fails to reflect the scheme in place;

• (also grounds 8(1)(e) and or (g) of the 2013 Regulations)

3. the Council unlawfully abdicated their duty to consider his representations by delegating to a third party.

• (ground 8(1)(g) of the 2013 Regulations: procedural impropriety)"

Conclusion:

The evidence leads me to conclude that there were numerous procedural improprieties by the Council, which are sufficient to render the PCNs unenforceable.

The appeal is allowed and no payment is required from Mr Curzon. I direct the Council to cancel both PCNs.

M.F. Kennedy

Merseyflow Out of Time Witness Statement

If you have received a letter, a text message or a 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.

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.

How does a Court Officer decide whether to reject or Accept my TE7?

Here are their notes:

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 !!

TEMPLATE REPRESENTATION

[Your Name]

[Your Address]

[Your Postcode]

Representation team

Merseyflow

PO Box 327

Runcorn

WA7 9DW

[Date]

Dear Sir/Madam,

RE: XM---------------

I am writing in reference to your letter dated --/--/2019. Representation was made online to the above listed PCN's in relation to vehicle registration ----------. I do not believe that any of the rules listed in the General Data Protection Regulations prevents me from making representations in relation to the PCN's.

For clarification, I believe there has been procedural impropriety on the part of Halton Borough Council, which is the charging authority, and I am not liable to pay the penalty demanded by the PCN's listed:

XM------------------

• 1. The scheme is a road user charging scheme, not a tolling scheme. The charging order is invalid because it may not coexist with pre-existing byelaws; (grounds 8(1)(e) and (g) of the 2013 Regulations: no penalty charge is payable under the charging scheme and or procedural impropriety)

• 2. Use of the word ‘toll’ on the penalty charge notice is a procedural impropriety; the signage is inadequate and, in particular, fails to reflect the scheme in place; (also grounds 8(1)(e) and or (g) of the 2013 Regulations)

• 3. The A533 (Mersey Gateway Bridge) and the A557 (Silver Jubilee Bridge) Roads User Charging Scheme Order 2018 is capable of having effect, providing that no tolls are actually charged under the provisions of the Mersey Gateway Bridge Byelaws 2016;

• 4. The signage is authorised for a tolling scheme. It is not authorised for use to convey the liability to pay a road user charge for using the bridge and scheme roads;

• 5. Halton Borough Council are failing to consider my representations, which amounts to a procedural impropriety. Halton Borough Council cannot rely upon having delegated the consideration of representations to a Third Party Corporation.

• 6. If my representations are being dealt with by Halton Borough Council, Please advise the person (living breathing) that is dealing with my representations and their employment status within the Registered Billing Authority.

I appears that I am not the only person to have been unaware of the nature of the crossing and methods of payment accepted. I hope you will cancel the PCN's listed as I was unaware of the nature of the crossing and charging scheme in place.

Yours faithfully,

[Your Name]

Guide to when you get a Penalty Charge Notice (PCN)

from Merseyflow acting for Halton Borough Council

1. BACKGROUND

1.1. There are five main reasons why you may get a PCN from Merseyflow-

1. You may have paid but Merseyflow do not have you recorded as paying.

2. You are exempt or covered by the Local User Discount Scheme and Merseyflow have made a mistake.

3. You have accidentally not paid because you forgot to pay on time or had no opportunity to pay or Merseyflow's systems were not working when you tried to pay.

4. You were not aware of the need to pay a toll or the method(s) and timescale(s) for payment, due to inadequate and/or confusing signage, e) You have deliberately not paid.

1.2. Whatever the circumstances, you should not meekly accept the penalty. We suggest that you should fight it, whatever your grounds and whether you have any evidence or not. Whatever other grounds you give you should also say "According to the Traffic Penalty Tribunal, there has been a procedural impropriety on the part of the Charging Authority. There is no toll payable". Technically the situation may have changed if the PCN refers to a crossing after 19th April 2018 (when the Council say that they made a new Charging Order). But in our view, even after the new Order, the PCN may still be illegal.

1.3. We realise that all this is a pain and that you might decide not to bother. That is what Halton Council and Merseyflow rely on- that you will pay them £20 to get it out of the way until the next time that you are stung.

2. BEFORE YOU GET A PENALTY NOTICE

2.1. If you pay for your crossings, record when you use the crossing. Take screen shots of payments and confirmations, keep email receipt messages, physical receipts and anything that proves you have paid for your crossing (and write on them which crossings they are paying for).

2.2. If the Merseyflow online payment system is down, then take a screen shot to prove that you attempted to pay and could not within the time. Also if you use Payzone, check that they input your details correctly.

2.3. When using a Merseyflow prepay account, request or download a statement of your account, review the transactions and reconcile the payments to the transaction history and your account balances. Use this for your evidence as appropriate.

3. THE PENALTY CHARGE NOTICE (PCN)

3.1. Merseyflow have up to 6 years to issue you with a PCN, following your alleged non-payment of the toll on time. The process is described on the Merseyflow website- https://www.merseyflow.co.uk/faqs/penalties

3.2. Merseyflow must follow a set process which requires them to inform you and send documents at each stage of the process. If they do not comply it means that later stages of the PCN process will fail and may have to be repeated.

3.3. If you ignore or do not reply to the notifications, Merseyflow, even when it is their error, will be able to move the PCN to the next stage, increasing the penalty until it completes their process and then enters the registration and ultimately the recovery authorisation phase.

4. REPRESENTATIONS

4.1. You have 28 days after service of the PCN to respond and put forward a representation to Merseyflow. If you do not, it is deemed to have been accepted. Do not wait till near the end of the 28 days. As soon as possible after receiving the PCN, gather any evidence to support your representations and then write to Merseyflow clearly stating the reasons you disagree and provide copies of any evidence. The representation letter should be sent by registered post, retaining the confirmation of posting/receipt. You can also make representations online using the link- https://www.merseyflow.co.uk/make-a-representation

4.2. Whatever other grounds you may have for challenging the PCN, make sure to include "G - Procedural impropriety". You can add to this- "According to the Traffic Penalty Tribunal, there has been a procedural impropriety on the part of the Charging Authority. There is no toll payable".

4.3. Do not rely on Merseyflow taking and recording accurate details of direct telephone calls, or discussion at the Merseyflow offices. Their advice is variable and it requires a lot of effort to get them to look into matters by phone. They record calls so this evidence is available to them. You can submit a Subject Access Request to them to obtain this or further information.

4.4. Within 56 days Merseyflow must issue you a letter stating whether they accept your representation, or not, by sending you a Notice of Rejection (NoR). They do not always say why the representation was or was not accepted. If the representation is rejected then the NoR must explain how you can appeal further, and should contain a PIN, web link and telephone number. If a PCN is cancelled then no toll charges are payable. Merseyflow may make you an offer not to enforce the PCN if you pay the toll. We suggest that you tell them that you will not be paying the toll, but if you do so, then tell them the payment is 'under protest'. 4.5. If you receive an acceptance of your representation, and the PCN is cancelled, but you then receive further PCNs for the same reason, then include details of the cancelled PCN in your representation of the subsequent PCNs.

5. TRAFFIC PENALTY TRIBUNAL APPEALS

5.1. If Merseyflow issue a ‘Notice of Rejection’ (NoR) and you believe that you have grounds for the PCN to be cancelled, then you have 28 days in which you can appeal to the independent Traffic Penalty Tribunal. Again do NOT wait, appeal straight away.

5.2. The Tribunal advice is at https://www.trafficpenaltytribunal.gov.uk/appealsprocess-merseyflow/ . This includes details of how to register your appeal, the process it follows, and the criteria they consider for decision making.

5.3. In your appeal to the Tribunal, state the reasons why you believe the decision Merseyflow made was wrong. State the reasons for your representation to Merseyflow and include copies of any evidence. If the PCN was erroneously issued possibly through poor administration, record keeping and/or unfair practices then also ensure that you include this. Again if the PCN was as a result of an error of Merseyflow then include in your appeal a claim for costs to compensate you for your time and expense dealing with the issue and the nuisance and stress caused.

5.4. You can elect to have a telephone adjudication, for which arrangements will be made, but most appeal decisions are made without. The Tribunal will consider your evidence against seven key decision criteria and may decide that the PCN should be cancelled. The seven criteria are-

• a) You were not the registered keeper when the alleged contravention occurred.

• b) The vehicle was taken without the owner’s consent - (This covers stolen vehicles and use without the owner’s consent, but does not generally apply to vehicles in the care of garages or borrowed by a family member/friend. A crime number will support this).

• c) The PCN was issued to a vehicle hire firm and the vehicle was on hire under a hire agreement, and the hirer had signed a statement of liability for any PCNs issued during the hire period.

• d) The road user charge was paid on time and as required.

• e) The penalty exceeded the amount that applied in the circumstances.

• f) There has been a procedural impropriety by the charging authority - (that is the charging authority have not complied with the relevant regulations).

• g) No user charge or penalty is payable.

5.5. The last criterion (g) seems to cover almost anything, including the fact that you may not have used the crossing at the alleged time or the illegality of any toll or any penalty for not paying the toll.

5.6. The Tribunal can also take into account other "compelling reasons" you offer. The Tribunal cannot cancel a PCN for compelling reasons but they may recommend to Merseyflow to cancel the PCN. Merseyflow can decide to not follow the Tribunal recommendation and provide a reason for this.

5.7. If your appeal is upheld by the Tribunal, Merseyflow will be directed to cancel the PCN. Note that Merseyflow can disagree and ‘appeal’ (request a review) against a Tribunal adjudication made against them.

5.8. If you do not pay after you receive a NOR and either do not appeal or lose the appeal to the Tribunal, then there will be steps taken to enforce the penalty. Note that at the moment no one has lost an appeal to the Tribunal, as, following one of the first appeals, an adjudicator decided that the penalties were not legal as Halton Borough Council had not complied with the law when it introduced the tolls.

6. THE END GAME

6.1. If there is no appeal lodged by you with the Tribunal, or should the Tribunal decide to uphold the PCN, and the PCN remains unpaid, then this will result in a Charge Certificate being issued by Merseyflow to you, this increases the penalty charge to £60.

6.2. If a Charge Certificate is issued, you have 14 days to pay, after which, if no payment is made, Merseyflow will apply to the Traffic Enforcement Centre to register the charge and seek approval for a Warrant of Execution/Control to enforce it. You can, at this point, decide to pay the charge, or if you believe you have good grounds to pursue the matter further, not pay and enter into the TEC process.

6.3. If you have received an Order for Recovery or notice from the Civil Enforcement Agents (bailiffs) for an unpaid penalty charge notice you are too late to appeal to the Tribunal. Your recourse at this point is through the Traffic Enforcement Court (TEC) provided you meet the “out of time” filing criteria.

6.4. It is unlikely that you will reach this stage, but the Traffic Enforcement Court process is described in the TRAFFIC ENFORCEMENT COURT PROCESS SECTION below.

Full Credit to:

Scrap Mersey Tolls, Version 2, 28 May 2018

THE TRAFFIC ENFORCEMENT COURT PROCESS

1. The details of the TEC are here: https://courttribunalfinder.service.gov.uk/courts/traffic-enforcement-centre-tec

Action through the TEC is designed to keep minor traffic penalties / PCNs out of the physical court system and is an administrative based process. There is no physical ‘day in court’ as part of the normal process.

2. It is important that you do not ignore any communications from the TEC and ensure you submit your documents into the process. Failure to do so will likely mean HBC will get an uncontested award in their favour. This is your opportunity to submit your side of the case for consideration.

3. After issuing a Charge Certificate against the PCN, HBC can register an unpaid charge certificate as a debt in order to get approval through the TEC for a Warrant of Control to commence recovery.

4. HBC have 15 days from registration to submit their Witness Statement. Once the registration has been made and documents submitted, the TEC will issue to you notification of the registration and documents so that you can provide your witness statement to them. You have 21 days to respond and submit the document. Ensure you keep copies of all documents submitted and also use registered post retaining the confirmation of posting/receipt.

5. After this 21 day period, it is possible to apply to have an ‘out of time’ statement considered. Though it is important to note that HBC do not have to agree to the TEC allowing this submission. (see the out of time section later).

6. The criteria for challenge in the Witness Statement are:

• You didn’t get a ‘Notice to Owner’ (PCN) telling you how to make a formal representation/challenge

• You made a formal representation/challenge on time but didn’t get a ‘Notice of Rejection’ from HBC.

• You appealed to an independent tribunal on time but didn’t get a response

• You have proof you’ve paid the penalty charge, such as a credit card statement

7. The TEC court will consider the witness statements and evidence provided against the criteria to determine if the PCN was justified. If any one or more of the decision criteria are met then the TEC will award in favour of the vehicle owner and the following will occur:

8. If a successful Witness Statement on Notice to Owner (PCN) grounds is made, the authority (HBC) must set the penalty back (put it on hold) and send you a new Notice to Owner (PCN) allowing you to follow the proper appeals process or pay. This ground also applies if the authority sent your penalty by post but it was not received.

9. If you made formal representations against the Notice to Owner (PCN) and this was rejected, but the Notice of Rejection of Representations was not received by you, this means that there was no opportunity to appeal to the adjudicator. If a successful Witness Statement is made on these grounds, the authority which issued the penalty must forward all documentation to the Tribunal adjudicator. The adjudicator will then decide what happens next.

10. If an appeal was made to the adjudicator but you did not hear anything, there may have been no opportunity to pay the penalty before it increased by 50% and a Charge Certificate was issued. A Charge Certificate should not be issued before your appeal is decided. If your appeal was successful, the authority should not have issued a Charge Certificate. If a successful Witness Statement is made, the case is regarded as a formal appeal. The authority must forward all documentation to the Tribunal adjudicators. The adjudicator will then decide what happens next.

11. A Charge Certificate should not have been issued if the penalty had already been paid. If a successful Witness Statement is made on this ground, the case is regarded as an appeal to the adjudicator. The authority must forward all documentation to the Tribunal Adjudicators. The adjudicator will then decide what happens next.

Warrant of Execution/Control for Recovery

12. If the decision criteria are not met then the TEC will decide in favour of Merseyflow/HBC and the debt registration will be approved for recovery and a local court will electronically ‘rubber stamp’ the order. A Warrant of Control will be prepared by HBC within 7 days, valid for 12 months and this will be issued for recovery to Civil Enforcement Agents for execution of recovery.

13. Note that any Warrant of Control issued through this process for recovery against a PCN does not result in a County Court Judgement (CCJ) being registered, nor does it affect your credit rating. Penalty Charge Notices are outside the remit of Trading Standards. Where the debt remains unrecovered and if escalated by HBC, they may result in a CCJ at a later date.

14.The TEC cannot register charges where the respondent resides outside England and Wales. Though they can be transferred to Scotland. The TEC cannot enforce PCN’s to addresses in Isle of Man, the Channel Islands, and foreign countries.

15. The TEC has no facility to take payments from respondents. Cheque payments for a PCN from the respondent at the TEC shall be returned to the respondent. Cash payments shall be banked by the TEC and a payable order returned to the respondent in due course.

16. HBC shall normally request the issue of a Warrant of Control before any other means of enforcement is attempted. HBC may in certain circumstances however, request that the registration be transferred to your local County Court for enforcement. This is usually for the following reasons: To obtain an Order to Obtain Information; Charging Order; Third Party Debt Order; Attachment of Earnings Order Once a penalty charge has been transferred to another Court for enforcement it cannot be transferred back to the TEC.

‘Out of Time’ application

17. Should you receive a notification of registration from the TEC, or a Civil Enforcement Agent that recovery action has started, AND you genuinely have NO knowledge of the PCN and have had no communications on the matter, then you can apply to the TEC to file an ‘Out of Time’ witness statement. Ensure you do this immediately in these circumstances.

18. The criteria for an out of time application are: a) You were contacted about a penalty charge notice (PCN) you didn’t know about b) You were contacted about a paid or cancelled PCN c) You didn’t get a response to your formal challenge (‘representation’) or appeal

19. If a valid “out of time” is received, TEC will inform HBC and all enforcement action must be suspended immediately. A copy of the out of time application and all attached correspondence will be forwarded to HBC who then has 19 working days to respond to the application indicating whether they are going to accept or oppose it.

20. If HBC accepts the application it will be processed by TEC as if it had been received within time. The Charge registration will be revoked and the action will be passed back to the local authority (HBC). HBC will then determine if they wish to continue to pursue the process, issuing new documentation and restarting the PCN process. If HBC opposes the application the TEC will refer the case without a hearing, to a TEC court officer for a decision. Either HBC or the TEC will inform you of this. A copy of the TEC court officer order will be sent to all parties.

21. If the respondent’s application for an “out of time” submission is granted then HBC should inform the Civil Enforcement Agent of the withdrawal of the warrant forthwith (if proceedings have got that far). This will also require returning any seized property if the warrant has been executed in part or full. If the “out of time” application is refused the local authority can continue enforcing the warrant.

22. Once the TEC Court Officer has made an Order regarding the out of time application, any party affected by it may request a further judicial review of the order. Such party should complete an N244 Application form (Application Notice) within 14 days of service of the decision. There is a fee to file this application, currently £100 for District Judge, or £255 for Court Hearing though low income/benefit receivers can apply for help with court or tribunal fees (form EX160).

23. The TEC does not need to be notified if: a payment has been made in full or part, (unless subsequent action is taken, i.e. application for warrant or transfer); or an unpaid penalty charge has been settled or withdrawn. END