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reggie2311
Hi,

I was the driver of a vehicle registered in my sisters in laws name.

I had an account with Merseyflow for crossing the new Runcorn/ Widnes bridge. My account was in funds and it was on 'auto top-up' so when the balance drops below £10 it automatically takes £20 from my bank.

My sister in law was suddenly issued with PCN's in her name for my vehicle. After speaking with Merseyflow she was advised to make a representation to say that she was not the driver and i was, and then after that i could make a representation because i had an account in funds to cover toll charges. The first representation was done in good time and Merseyflow confirmed that it was in process.

Next thing is she receives letters from Marstons threatening baliff visits. So what should have been £5.60 in toll charges for me is now £1015 in balliff/ fines in her name.

Problem i have is that my sister in law has been suffering greatly with depression and recently tried to take her own life, and so i am trying to handle this without her being made aware of the bailiffs so the stress of it all does not make her worse.

Can anyone give advice on this please?

Many thanks,
Neil B
QUOTE (reggie2311 @ Thu, 2 May 2019 - 15:49) *
After speaking with Merseyflow she was advised to make a representation to say that she was not the driver and i was, and then after that i could make a representation because i had an account in funds to cover toll charges.

That's utter nonsense.

Pls post a full timeline of events and all documents.

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Did your account cover crossings for her vehicle?
mikeup
THATS A TOUGH ONE , I'm sure you'll get good advice from the more knowledgeable people here...


My input is just a point of information.

I ignored merseyflow etc letters and woke up last week to "Bailiff" at 7.30 am who had clamped my car demanding £385.00 else it would be towed away.
reggie2311
QUOTE (Neil B @ Thu, 2 May 2019 - 16:23) *
QUOTE (reggie2311 @ Thu, 2 May 2019 - 15:49) *
After speaking with Merseyflow she was advised to make a representation to say that she was not the driver and i was, and then after that i could make a representation because i had an account in funds to cover toll charges.

That's utter nonsense.

Pls post a full timeline of events and all documents.

-----
Did your account cover crossings for her vehicle?


The account covered my vehicle only but the PCN's relate to my vehicle anyway not hers. Don't have exact dates to hand but timeline close to this;

Jan 2019;
Received PCN's for 7 x crossings dating back to Oct 2018.
Jan 2019;
Representations made to Merseyflow authority against all 7 saying incorrect driver on PCN's, and actual driver has an account.
Feb 2019;
Received reminders from Merseyflow authority for payment of PCN's!!. Called them to say representation had been made however had to make another representation
Mar 2019;
Called Merseyflow to check status and was advised by telephone all PCN's in process of being put in name of actual driver.
Apr 2019;
Received letters from Bailiff chasing for payment. I (the actual driver) called Baliffs to ask if i could deal on behalf of my sister in law given the condition she was in. I was told no they will only speak to her and the only solution i can make myself is to just pay them all off!!

Now more and more time has passed and as i understand the next stage is to complete a 'TE7' or 'TE9' through the courts as some kind of 'reversing' process to get back to Merseyflow in order to make another representation!!

FYI Merseyflow refuse to discuss this matter at all at this stage.

Thanks



stamfordman
If you haven't done so register the car in your name.





QUOTE (reggie2311 @ Thu, 2 May 2019 - 17:24) *
Mar 2019;
Called Merseyflow to check status and was advised by telephone all PCN's in process of being put in name of actual driver.


I don'think they can do that unless it's a formal hire of some sort but others will advise.
PASTMYBEST
The car is registered in the name of SiL but you own it?
Incandescent
From what you say, there are two vehicles, yours and your SiL's. What addresses are on the two V5Cs ? Other thing to think about is whilst you have an account, it will only apply the tolls to the vehicle registered on the account. Could you perhaps have used your SiL's car to cross on some days like when your own is in for service or repair.

We need to see some paperwork, please, as well. As well as the PCNs you should have received, for each PCN: -

- Charge Certificate
- Order for Recovery

Also post up the bailiff letters, as they cannot just turn up.

The other thing to say is that the registered keeper has full responsibility for payment or appealing of all PCNs not just for MerseyFlow, but for parking and bus lane PCNs. This cannot be transferred to the driver unless the keeper is a hire company and has a formal agreement with the hirer. This doesn't sound like your circumstances.

Neil B
QUOTE (PASTMYBEST @ Thu, 2 May 2019 - 17:44) *
The car is registered in the name of SiL but you own it?

I'm very confused by this too.

OP seems to be under some misapprehensions.

---
Basics.

Who owns or is RK of the vehicle?

Who were the PCNs addressed to?

Who made representations?
Incandescent
Also might help if you contact Sheila at: -

www.bailiffadviceonline.co.uk

Small fee for preparing documents for submission. Best not to try this on your own if you want a good result.
Other thing to say is that you need to make MerseyFlow aware they are dealing with a vulnerable person in your SIL, so could they and the bailiffs accept you as her representative.
hcandersen
OP, we ask questions for a reason.

You want to tell us matters which are of no material relevance e.g. who was driving etc.


http://www.legislation.gov.uk/uksi/2013/17...gulation/6/made

penalty charges imposed upon a relevant vehicle by a charging scheme are to be paid by the registered keeper of that vehicle.


I think your best option is to contact Sheila particularly if there are capacity issues related to the registered keeper.
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