pay bailiff; will i get my money back in court?

[deano_ratpac]

Hi all,
looking for advice, I've recently filed N244 application for a PCN that basically got to Bailiff stage, and they took my car whilst filing a Stat dec out of time and want £900+ to get it back. stat dec refused (no grounds given)
I've now got a court date, but this is in May, now if i pay the bailiff the money to get my car back, if i win; will i get my monies back - i need my car and its been with them 2 months already?
i understand if i don't win i will have to pay any way, but do the courts make the bailiff return any payments made, or do they just pay the original charge the council passed onto the bailiff. i understand the bailiff acts on behalf of the council, but I've been told they are notorious for not giving back anything.

many thanks in advance.

Dean

[tomtubby]

You will NOT be told the reason why your stat dec was refused.

Sadly, the court dates for hearing these N244's are quite a way off. What we nearly always advise (if you can afford it) is to pay up and await the outcome.

If you are succesfully, then the warrant of execution is cancelled and the PCn is returned to the Notice to Owner stage allowing you to pay at the reduced price within 14 days or make representation. If you have paid the bailiff co in the meantime you will find that the local authority will send you a cheque for 50% of the ticket ( assuming that the bailiff company have paid the local authority). The bailiff company are then responsible for paying all of the remaining money charged to you (excluing the PCN)

[deano_ratpac]

OK
thought i would spread the good news, N244 was granted, i sent off the letter from Wandsworth CC, stat dec has been granted. i believe now i can ask for the money from the bailiffs?

do i call the local authority, or contact the bailiff company regarding the £965 i paid them, as I'm entitled to have this back ...right?

Great news and thanks for all the help for those who gave it especially TOMTUBBY.

also now this is happening the damage to my car, i can now claim towards those. is it worth getting legal assistance?

Dean

[WWOW]

What exactly was granted? Was something revoked? The penalty charge notice or the Order for recovery and Charge certificate? If so...

You reclaim everything from the council, the bailiff’s fees, the invoice for the repairs to your vehicle and its contents subjected to levy and your taxi's and rental car invoices. Be prepared to use the small claims track, the council will probably delay settlement until a few weeks before trial date. If you go to trial then claim conpensation for discovery of information, deprivation of freedom of the use of your goods and interest on your costs from the date they were incurred by you.

Let me know if you want a letter.

The bailiffs acted in good faith and won't refund you their fees. The council will try to name the bailiff as a joint defendant because they were in possession of the goods. Its really a matter for bailiff and council to settle their own differences.

[deano_ratpac]

Hi WWOW,

It was the statutory declaration that was granted, i have called the council, they say they are only paying for the ticket £155, the rest is up to the bailiff to pay back. i would greatly appreciate a letter so i can formallyt send all this to the council.
total paid to the bailiff £936
damage to car: £1152
no idea on costs etc, for taxis and car rental, travel and calls - i will have to add up.

i have endured this for over a year. countless calls, taxis, damage to car, stress.

the letter would be really helpful!

many thanks in advance
Dean

[WWOW]

Tweak as required.

Name of Council
Address 1
Address 2
Address 3
Address 4

[DATE]

WITHOUT PREJUDICE SAVE AS TO COSTS

Dear Sir/Madam

Re: YOUR NAME & ANY REF: Visit by your bailiff on [DATE] Damage to property et-al

I have had an opportunity to seek advice and I write on the understanding that case law rules an authority is liable for its bailiffs and you have made a factual error in your advice.

I now ask you to pay:

a) Invoice for damage repairs to my car while your bailiffs possession £1152
b) Fees paid to your bailiff while acting under your instruction £936
c) Taxis and rental car hire while my car was in your bailiffs possession £1000 (Note 1)
d) Deprivation of lawful use of my car, insurance and road tax, £500
e) Discovery of information and researching the legal background to the case.
f) Costs and court fees allowed by the court
g) Administrative work, handing your bailiffs and recovering my car. £1000
h) 8% Statutory Interest pursuant to Section 69 of the County Courts Act 1984 at the daily rate of 0.00022% from the date money became due.

Note 1: I didn't keep receipts because I wasn’t aware at the time I will become entitled to reclaim them from you. I intend to address the Judge as litigant-in-person on this matter.

It is also my intention to ask that you pay me litigant in person at the rate of £87.50 per hour for ten hours work as you have deliberately protracted the matter requiring me to seek legal advice and commence proceedings I would not have otherwise needed.

I now feel it is time to bring it to a conclusion. For the avoidance of doubt that if you fail to furnish me with full payment of £4588 within fourteen days being [DATE], I will automatically file a claim in the small claims track without writing further and this will invariably involve further costs and 8% Statutory Interest from the date the money became due.

This document is delivered by Royal Mail and I deem it good service on you by the ordinary course of post under Section 7 of the Interpretation Act 1978 and therefore it is your responsibility and in your own interests this letter is handed to the relevant person within your organisation. I regret I am unable to discuss this matter by telephone or in person.

Yours Truly


[YOUR NAME]

Don't waste time being fobbed off with excuses from the council. Unless the council pays you thre full amount, quickly file the claim for £5000 in the small track. https://www.moneyclaim.gov.uk/csmco2/index.jsp

In the Particulars of Claim:

On [DATE] the defendant ordered bailiffs to recover an unpaid parking ticket (which was overturned on [date]) who took my car and damaged it while in their possession. I paid them £936 and I asked the council to refund this along with other losses but they became vexatious in nature. This required me to seek discovery of information which incurred further expenses I would not have otherwise needed. I seek to recover from the defendant £5000 as losses for inter-alia damage repairs to my car, loss of use, alternative transport, bailiff’s fees, plus costs and interest allowed by the court.

When the case has been assigned to your local county court, be prepared to explain to the judge why your expenses are estimated (see above), at worst he'll strike them out. Make something higher, add everything you can find & agree with the judge to come down to £5000 (because in any event the small claims track maximum is £5000 plus costs).

[deano_ratpac]

thank you so much - will get on to asap!