Marstons pcn help

[Mollyrose]

Hi,

I have finally after 6 long months of letters and court appearances just received a notification from northampton that a statutory/witness statement has been filed, this started with `Marstons bullying me to pay 501.70 on the 19th June for anm unpaid parking tickedt. I have had the patience to wait and pay for subject access report, go to liverpool county court , send numerous letters, pay £75 to get it lodged in court etc etc etc. So finally I have the piece of paper. WHAT NOW I ask, how do I actually get my money back, can anyone help please

[IdaInFife]

Hi Molly

 

i have moved you to here with a thread of your own

 

ida x

[Mollyrose]

Can anyone help me with this????

[ploddertom]

Hi,

I have finally after 6 long months of letters and court appearances just received a notification from northampton that a statutory/witness statement has been filed, this started with `Marstons bullying me to pay 501.70 on the 19th June for anm unpaid parking tickedt. I have had the patience to wait and pay for subject access report, go to liverpool county court , send numerous letters, pay £75 to get it lodged in court etc etc etc. So finally I have the piece of paper. WHAT NOW I ask, how do I actually get my money back, can anyone help please

 

You say it has been filed - has it actually been upheld/approved or whatever the term is. Have you formally requested the money back from Marstons/Council they are both liable to pay it. If not give them 7 days to reimburse you and if no payment received file a N1 in the County Court.

 

PT

[tomtubby]

Hi,

I have finally after 6 long months of letters and court appearances just received a notification from northampton that a statutory/witness statement has been filed, this started with `Marstons bullying me to pay 501.70 on the 19th June for anm unpaid parking tickedt. I have had the patience to wait and pay for subject access report, go to liverpool county court , send numerous letters, pay £75 to get it lodged in court etc etc etc. So finally I have the piece of paper. WHAT NOW I ask, how do I actually get my money back, can anyone help please

 

This process in a nightmare and one that is wholly misunderstood by EVERYONE including the staff at TEC the County Court and the local authority.

 

BEFORE making an application for a refund, you MUST ensure that TEC have received a copy of the Order from Liverpool County Court and that TEC have sent a copy of the REVOKING ORDER to the local authority.

 

Can you find out from TEC whether this has been done?

[Mollyrose]

Hi,

Thanks for your replies, I have the revoking order from TEC. I have telephoned Liverpool parking services who actually cannot tell me a. they have received nothing from TEC b, that they donot know who refunds me c. to send a copy of revoking order to them with details of claim and to cc it to Marstons.

[tomtubby]

Hi,

Thanks for your replies, I have the revoking order from TEC. I have telephoned Liverpool parking services who actually cannot tell me a. they have received nothing from TEC b, that they donot know who refunds me c. to send a copy of revoking order to them with details of claim and to cc it to Marstons.

 

Have you checked with TEC to establish what date they have sent the revoking order to Liverpool parking services.

 

Counsels opinion on this is that it is the responsibility of Liverpool to repay the PCN and bailiff fees. They will of course kick and scream and say that it is for Marston Group to refund the fees but they are wrong.

 

If they refuse, a simple N1 Claim Form naming both the council and Marston Group should provoke a response. It is advisable to send a draft of a completed N1 claim.

 

When you attended court, did you ask the District Judge for an order that your £75 court fee be refunded. If not..you should have done so.

[Mollyrose]

Oh Dear..after all of the trouble I have gone through over the last 8 months with this matter. I sent a copy of the revoking order to Liverpool Council I have today received a letter from them with a cheque for £110 plus a notice to owner for £70. After all the messing I am £40 better off.

 

After some rambling the letter states:

 

This order does not cancel the original penalty charge notice.

As the order for recovery (for£110) was revoked and you have paid the Marston group this amount we are refunding it back to you. Please find cheque for £110 attached. The court order dated 21st December 2009 does NOT order Liverpool city council to pay back to you any court fee,legal fees, Civil enforcement officer costs or any other costs.

 

What should I do now, I am tired of it all but I will be dammed if Marstons get to keep the fees after all of this.

[tomtubby]

Oh Dear..after all of the trouble I have gone through over the last 8 months with this matter. I sent a copy of the revoking order to Liverpool Council I have today received a letter from them with a cheque for £110 plus a notice to owner for £70. After all the messing I am £40 better off.

 

After some rambling the letter states:

 

This order does not cancel the original penalty charge notice.

As the order for recovery (for£110) was revoked and you have paid the Marston group this amount we are refunding it back to you. Please find cheque for £110 attached. The court order dated 21st December 2009 does NOT order Liverpool city council to pay back to you any court fee,legal fees, Civil enforcement officer costs or any other costs.

 

What should I do now, I am tired of it all but I will be dammed if Marstons get to keep the fees after all of this.

 

 

They are completely and utterly WRONG. The local authority are wholly responsible for repaying the bailiff fees and they KNOW IT. !!

[Mollyrose]

Thanks for your reply Tom Tubby, what should I do now, write back to them asking for the bailiff fees back ?