Dart Charge (Slow) Appeal Successful: reclaiming JCW bailiff fees

Stop or Suspend Enforcement. Appeal the PCN. Claim Damages for Unlawful Interference with Vehicles.
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zerohour9am
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#1 Dart Charge (Slow) Appeal Successful: reclaiming JCW bailiff fees

Post by zerohour9am » 13 Sep 2017 16:00

Hi there,
Looking for some advice please. I had three PCNs issued against me for unpaid dart charges dating July and Dec 2016. We've since moved and of course I stupidly only updated my driving licence address, not my log book address and therefore the TEC sent all the PCNs/correspondence to my old address (although technically the DVLA still had my correct address on file as I had updated my license as soon as I moved).
The debt was eventually passed to JBW who surprise surprise, were able to find my current address and began enforcement proceedings against me.

When I became aware of the debt I immediately appealed to the TEC, submitting the relevant TE7 and TE9 forms/realised i hadn't updated my log book so did so etc. The appeals process took 6 weeks from submission to result, which was thankfully that the DVLA technically did have my address on file and therefore all 3 tickets were reduced back to the original £2.50 charge which I promptly paid.

During the 6 week appeals process, the TEC ignored my repeated requests to stop bailiff action until the appeal result had been made and JBW continued to attend my property - adding £300 fees to the existing debt, which totalled £804.00. I eventually paid under duress as I'm currently pregnant and quite frankly could do without the stress of having bailiffs knocking on the door.

Thats the background but my question is, I would like to appeal to the bailiff to refund the £804.00 i paid under duress as I won my appeal and the tickets have now been settled directly with Dart Charge. I have no idea where to start - I'm pretty sure JBW will tell me where to go if I ring them so I'm guessing small claims court, a bank chargeback? Not sure - anyone that can advise, please do!

Thanks

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Schedule 12
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#2 Re: Dart Charge (Slow) Appeal Successful: reclaiming JCW bailiff fees

Post by Schedule 12 » 13 Sep 2017 16:41

zerohour9am wrote:
13 Sep 2017 16:00
Hi there,
Looking for some advice please. I had three PCNs issued against me for unpaid dart charges dating July and Dec 2016. We've since moved and of course I stupidly only updated my driving licence address, not my log book address and therefore the TEC sent all the PCNs/correspondence to my old address (although technically the DVLA still had my correct address on file as I had updated my license as soon as I moved).
The debt was eventually passed to JBW who surprise surprise, were able to find my current address and began enforcement proceedings against me.
That is an enforcement fail. Paragraph 12 of the Taking Control of Goods: National Standards 2014 states:

  • Creditors must not issue a warrant knowing that the debtor is not at the address, as a means of tracing the debtor at no cost.



When I became aware of the debt I immediately appealed to the TEC, submitting the relevant TE7 and TE9 forms/realised i hadn't updated my log book so did so etc. The appeals process took 6 weeks from submission to result, which was thankfully that the DVLA technically did have my address on file and therefore all 3 tickets were reduced back to the original £2.50 charge which I promptly paid.
And that should be the end of that.


During the 6 week appeals process, the TEC ignored my repeated requests to stop bailiff action
The TEC will ignore you because they doesn't instruct bailiffs. Its Highways England.


until the appeal result had been made and JBW continued to attend my property - adding £300 fees to the existing debt,
Invalid. When there is an appeal being considered, no enforcement step can be taken. Paragraph 6(3)(c) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 (TCEA 2007) states:

  • (3)The property in all goods ceases to be bound when any of these happens—
    • (a)the amount outstanding is paid, out of the proceeds of sale or otherwise;
      (b)the instrument under which the power is exercisable ceases to have effect;
      (c)the power ceases to be exercisable for any other reason.



The power ceased because an appeal was lodged which suspends the enforcement power. Paragraph 8.1 of Practice Direction 75 states:

  • Applications to suspend a local authority warrant of control
    8.1 Where –

    (1) the respondent makes an application under paragraph 5; and

    (2) before that application is determined, a local authority warrant of control is issued,
    the local authority must suspend enforcement of the local authority warrant of control until the application for an extension order is determined.


which totalled £804.00. I eventually paid under duress as I'm currently pregnant and quite frankly could do without the stress of having bailiffs knocking on the door.

Thats the background but my question is, I would like to appeal to the bailiff to refund the £804.00
The bailiff company will mess you about.

Highways England is respionsible because it should have suspended the warrant of control and it didn't.


i paid under duress as I won my appeal and the tickets have now been settled directly with Dart Charge. I have no idea where to start - I'm pretty sure JBW will tell me where to go if I ring them so I'm guessing small claims court, a bank chargeback? Not sure - anyone that can advise, please do!

Thanks
You do a recovery in the small claims track against Highways England.

Highways England Is: https://beta.companieshouse.gov.uk/company/09346363

This article gives a summary of the procedure for bringing a claim in the small claims court.
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

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Pote Snitkin
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#3 Re: Dart Charge (Slow) Appeal Successful: reclaiming JCW bailiff fees

Post by Pote Snitkin » 13 Sep 2017 17:40

Before issuing court proceedings, a simple request with supporting evidence and a statement to HE asking for a refund must be done.
On 29/07/17, Compo said "If you are interested I actually typed the word label. My spell checker interpreted it as liable" Discuss.

zerohour9am
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Joined: 04 Mar 2017 09:40

#4 Re: Dart Charge (Slow) Appeal Successful: reclaiming JCW bailiff fees

Post by zerohour9am » 13 Sep 2017 17:55

super helpful, thank you both very much.

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