HELP with reclaiming money already paid to Bailiffs

Stop or Suspend Enforcement. Appeal the PCN. Claim Damages for Unlawful Interference with Vehicles.
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snosrap.nai
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Joined: 01 Nov 2016 11:39

HELP with reclaiming money already paid to Bailiffs

Post by snosrap.nai » 01 Nov 2016 11:58

Hi,

I am in the process of fighting both council and bailiffs this is what has happened and where i have gotten to so far - any advice would be greatly appreciated.

On the morning of Friday 26th August 2016 whilst already at my work desk i answered a teary call from my pregnant wife who was very upset. She told me that the car that she uses daily for work had been clamped and the enforcement agent made her pay £512 for its release. She was late for work and we were off on holiday the next day so she paid it (although this may be out first mistake).

We had no idea what this was about so i then took on the arduous task of calling various people to find out what was happening - this is what i found:
20/3/15 - our car was caught by CCTV entering a pedestrian zone in Newham (this probably makes sense as my wife works for Newham's NHS community service)
Newham checked our address which was out of date and sent 3 letters on 31/3/15, 15/5/15 and 10/9/15 - in this time the PCN went from £65 to £202
We had moved in December 2014 and finally managed to change our address at the DVLA on 15/7/15 - we understand we are at fault for this.
25/11/15 - Newham went to court to issue a warrant
15/4/16 - JBW enforcement agents were instructed to enforce
6 letters were then sent by JBW to our previous address between 20/4/2016 to 23/6/2016 asking for £277. They also hand delivered a letter on 21/6/16 to our old address - nobody answered.
what i have also found out is that they checked our address at the DVLA on 22/4/16 and 21/7/16 which gave them our correct address, despite them still sending letters to our old address

i have written to both Newham and JBW to state our dissatisfaction of these proceedings, in not knowing anything about this until being clamped and asking for a full refund (trying my luck!) before taking action via the courts.

Newham replied to state that the case is closed and that is the last of the matter. JBW replied acknowledging fault of the address and offering to refund us £235.

Can anyone tell me if they think i have grounds to continue fighting for more? I am willing to pay the original £60 fine on the basis that it happened, but the rest i was never informed about... i will also be writing to Newham to complain about the fact that they are punishing their own work force.

Will gladly hear any suggestions of where or how to seek further advice/action.

Thanks

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Syd Snitkin
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Re: HELP with reclaiming money already paid to Bailiffs

Post by Syd Snitkin » 01 Nov 2016 12:21

To be honest, JBW have actually done the right thing by offering you the £235 back. Let's go through the process:

The original fine would've been £130; this would be halved to £65 if paid early, as it wasn't it went back to £130. It remained unpaid so 50% would be added taking it to £195. It then goes to the TEC to prepare for enforcement, adding £7, total now £202.

JBW got involved and added the compliance stage fee of £75 and sent you a letter called a 'notice of enforcement' (NOE). As you didn't reply, they made a visit adding £235 enforcement stage fee.

The reason they are offering £235 back is the NOE must be sent to your usual address before they can make a visit. As they had the wrong address they have accepted you did not receive the NOE so know they cannot add the £235 enforcement fee.

Everything else charged before that is compliant. You could still make an 'out-of-time' appeal to the TEC but seeing as the reason you didn't receive any notices is due to you failing to update the DVLA, it's likely to be unsuccessful. That's how I see it, others may disagree.
Dodgeball on the Criminal Procedure Rules - "FMOTL nonsense". Discuss.

snosrap.nai
Posts: 2
Joined: 01 Nov 2016 11:39

Re: HELP with reclaiming money already paid to Bailiffs

Post by snosrap.nai » 01 Nov 2016 12:32

Thanks Pote - this is my thinking also.

I just resent handing over this much money, especially when they have been chasing it for in excess of a year since my address changed.

If anyone else thinks i have legs to to take things further, then please do speak up.

Thanks

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