Car auctioned whilst on holiday for PCN

[sutton6344]

Despite the warrant being revoked the LA are still refusing to refund the costs incurred in enforcing the warrant.

 

They understand that they have been instructed to cancel the Order For Recovery and Charge Certificate. However, as the original penalty charge has been paid, the case is closed and they are under no obligation to refund fees paid to their bailiffs.

 

I'm now considering making a claim through the small claims court but not sure if this is the best option.

[wonkeydonkey]

Yes ...do claim in the County Court and name both the LA and Jacobs on the claim form, doing that stops the arguments before they start as to who each side see as responsible to make refunds.

 

WD

[sutton6344]

Yes ...do claim in the County Court and name both the LA and Jacobs on the claim form, doing that stops the arguments before they start as to who each side see as responsible to make refunds.

 

WD

 

Thanks for your help, when you say County Court, do you mean small claims or form 4 or both or something else????

[wonkeydonkey]

File on N1 through your local CC and ask for a hearing, Small Claims on line are ok but as the defendants will of course refute and defend the claim, that means it will taken to a hearing in any case, the Court will still need to send out the Allocation Questionaire etc....so save time and start in the Court the hearing will eventually be allocated to !!

 

WD

[sutton6344]

Thanks again, I would just like to clear something up before I take further action.

 

There were three pcn's issued that led to three warrants and costs incurred. In order to save money I applied for one hearing (hearing fee £80 each) and was successful in having the warrant revoked.

 

The breakdown of costs using round figures is.

 

Parking £120x3 = £360

Bailiffs £120x3 =£360

Van/Removal = £370

Storage of car = £450

 

Strictly speaking as things stand I am only entitled to a refund of £120 untill the remaining two warrants are revoked (evidence is identical as the revoked warrant).

 

Just wondering whether to issue the N1 before or after the application for remaining warrants to be revoked.

[wonkeydonkey]

In that case.... I would be inclined to await all decisions before proceeding to CC.

My apologies to making reference to your local CC as I forgot all N1 claims (april 2012) are now processed through Salford,so you will need to check that out.

 

WD

[sutton6344]

All warrants have now been revoked.

 

I have received a further refund of £500.

 

The storage fees are a bit of a problem as neither the bailiffs nor the council want to take responsiblity.

[seanamarts]

Excellent news

 

Did you receive recompense for the sale of your car?

[sutton6344]

 

Excellent news

 

Did

you receive recompense for the sale of your car?

 

 

My car wasn't sold!!! but I had to pay storage fees that have not been refunded.

[seanamarts]

If you think it would be worth pursuing, then inform the council that you are going to place a complaint with the Ombudsman as you feel that the council are responsible for these charges as it was their bailiff, whom they employed to recover the debt.

They then have the choice to have the money repaid to them via the bailiff/ company.

[tomtubby]

You thread is named: "Car sold whilst on holiday for a PCN" From the name of your thread everyone assumed that the car had been sold. Are you saying that the car was returned to you?

 

If you file an Out of Time application all fees are FROZEN and no additional charges can be applied. If the application is rejected, you can file an N244 to seek a "review" and once again, all enforcment must cease and no storage fees can be charged. Can you please provide details of the storage charges and whether these charges have been applied when you had submitted an Out of Time and N244

[sutton6344]

 

You thread is named: "Car sold whilst on holiday

for a pcn"

From the name of your thread everyone assumed that the car had been sold.

Are you saying that the car was returned to you?

 

If you file an Out of

Time application all fees are FROZEN and no additional charges can be applied.

If the application is rejected, you can file an N244

to seek a "review" and once again, all enforcment must cease and no storage fees

can be charged. Can you please provide details of the storage charges and

whether these charges have been applied when you had submitted an Out of Time

and N244

 

 

Yes you are right the thread title is wrong, I was on holiday at the time and my family were informed that the car had been sold. Apologies for any confusion.

 

It has today been agreed to refund the storage costs.

 

The fees outstanding are the fees taken by the council (I had a visitors permit), court fees, out of pocket expenses and interest????

[tomtubby]

Which local authority is this? Who has agreed to refund the storage fees...the bailiff co or the local authority?

 

I am sorry but have not got time to read back on all the posts....when was the warrant revoked?

 

How has the refund come about? Was this because you issued a court claim?

[sutton6344]

Which local authority is this? Who has agreed to refund the storage fees...the bailiff co or the local authority?

 

I am sorry but have not got time to read back on all the posts....when was the warrant revoked?

 

How has the refund come about? Was this because you issued a court claim?

 

Ive sent you a PM