Bailiffs and car towed.

Stop or Suspend Enforcement. Appeal the PCN. Claim Damages for Unlawful Interference with Vehicles.
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Felics
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Joined: 24 May 2017 18:01

#1 Bailiffs and car towed.

Post by Felics » 24 May 2017 18:08

Hi,

Background

So after more than 60 mins on the phone with Lambeth and speaking to a number of operators I have, to my dismay I have 4 PCNs against my car. This is one of the PCNs

All of the PCN's were issued to my old address. In summary, I moved to my new address on 09/2016. The details on my V5 changed on 11/11/2016. The below are details that I received from Lambeth in terms of information. I had no idea as PCNs/NTOs were going to old address.

--------------------

23/10/16 - (53j-Failing to comply with a restriction on vehicles entering a pedestrian zone).

As I did not know about this letter I submitted TE7/9 form. This was rejected.

I then submitted a N244 form.

I called TEC this morning to ask about the status of both the N244 form

They highlighted they had NOT recieved it.

I double checked my emails to see that it HAD in fact been sent and I HAD received an automated response saying they had received my application (all on the 2/May/2017). I also have proof payment was taken for this application.

So the TEC / N244 team had missed the application!

Now the letter from Equita make sense as clearly they had been reassigned assuming I had not submitted my my forms. As of this afternoon they towed my car. What do I do?

I've called TEC and told asked them what the f*** has happened and what they expect to do about it? Clearly I will be raising this as high as it can go and asking for payment for any fees. The guy at TEC said to "write in" to TEC and CCBCFees (where I emailed my TEC forms). I told him I want a number - unfortunately phones appear to be a luxury at TEC so was not given one.

He then said to reforward my application - which I had already done (with of course a strong email asking for a call back - this was before I knew my car had been towed). He then advised to send it a THIRD time but to change the subject to ensure that it was dealt with.

In any case - hes asked me to title it "unprocessed document FAO 4th floor".

I called Equita and they mentioned the fees on this now stand at £791 +100 (impound fee) + 40 in total.

Is there ANYTHING I can do? I'm chasing up with TEC (like i say, I will do my utmost to ensure they reimburse me for their mistake).

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jasonDWB
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#2 Re: Bailiffs and car towed.

Post by jasonDWB » 24 May 2017 18:35

If the court service misfiled a document causing you a loss, you can only claim damages by addressing the complaint to

Complaints and Litigation Team
4th Floor, 102 Petty France
London
SH1H 1AJ

and set out what your damages are, and how much daily damages you accrue going forward.

When you filed the appeals (all of them) to tec@hmcts.gsi.gov.uk the enforcement power is suspended. Paragraph 8.1 of Practice Direction 75 of the Civil Procedure Rules.



Equita towed your car while the enforcement power was suspended. You can sue for damages and ask Equita to return the car. If they don't then you can injunct because they are in breach of PD75 8.1

You are allowed a hire car at full price because you can recover the costs from Equita and the Secretary of State for Justice jointly and severally.

You start by giving notice of injunction to Equita setting out what they must do and by when. Once compiled, you put in for your damages, (long story what these consist of) and you also recover any costs for a manufacturer approved dealer to make the safety inspection on the car before putting it on the road. You don't know what they have done to it.

If you would like to start work, contact me for a telephone consultation. Getting your car back won't be imminent, but I can arrange delivery of a hire car (small deposit and ID check) and vehicle transportation for your own car to the manufacturer dealership, and charge the costs to your claim.
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Felics
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Joined: 24 May 2017 18:01

#3 Re: Bailiffs and car towed.

Post by Felics » 24 May 2017 19:22

Thanks Jason,

That makes sense. With respect to Equita I don't believe they have towed unlawfully as the N244 (although submitted by me) was not processed by the TEC. This meant effectively that Equita were re-assigned? But, please correct me if I'm wrong.

How can I get a telephone consultation?

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jasonDWB
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#4 Re: Bailiffs and car towed.

Post by jasonDWB » 24 May 2017 20:17

It doesn't need to be "processed". Enforcement is suspended when the forms are given to the TEC. The law is paragraph 8.1 of PD75 which 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.
Source: https://www.justice.gov.uk/courts/proce ... /pd_part75



If you can show the enforcement took place AFTER you emailed the forms to the TEC, their goose of cooked.

Consultation -> http://www.dealingwithbailiffs.co.uk/fo ... ?id=16812l

It'll have to be in the morning now. But get your evidence together. You will need to upload it.
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Felics
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#5 Re: Bailiffs and car towed.

Post by Felics » 25 May 2017 14:31

Great - just made payment.

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