Successful N244 application, but council will not repay full amount taken

[STA]

A few weeks a go, bailiffs clamped my car and turned up on my doorstep at 7am in the morning for a old parking fine. I ended up paying £692 to get it unclamped. I have since filed a N244 application and it was successful. I have written the council involved adn they only sent me a cheque for £155. I wrote to them and asked for a remainder of the rest and they have not replied. Does anyone have any advice on how I can get back the rest of my money?

[pelham9]

a) formal letter of complaint to the concil followed by the LA Ombudsman

 

Make a complaint against a local council or authority : Directgov - Do it online

 

or

 

b) write to them saying you will ttake them to court if they do not pay up what they owe you.

(LBA -letter before action)

[lamma]

is the PCN/NTO now dead ? or is it still possiblke for them to restart at the NTO ? which council ?

[Jamberson]

If you file an N244, you are seeking to have your stat dec accepted.

 

If you succeed, and your stat dec is accepted, the bailiff warrant is revoked. However the council are under no obligation to reimburse you for fees you have paid to the bailiff. As I understand it, these fees are not returnable provided the warrant was valid at the time. As for how you would recover them - I don't know of any way.

 

Also, as the above posts mention, you should be aware that the PCN is still live until you are advised to the contrary, which means the council will issue you with a new Notice to Owner if they haven't already. You'd be best advised to find out what the state of play is with that.

[lamma]

I think the bailiff fee is returnable. councils and bailiff will say no regardless. I don't remember where I read about this but as ever for any bailiff issues google the last three words in this sentence - baliff advice online.

[tomtubby]

A few weeks a go, bailiffs clamped my car and turned up on my doorstep at 7am in the morning for a old parking fine. I ended up paying £692 to get it unclamped. I have since filed a N244 application and it was successful. I have written the council involved adn they only sent me a cheque for £155. I wrote to them and asked for a remainder of the rest and they have not replied. Does anyone have any advice on how I can get back the rest of my money?

 

I am assuming that you filed an Out of Time which was rejected and you appealed the rejection by way of an N244.

 

Firstly, when the N244 was accepted, did you ask the court to award you the cost of £75 or making the application?

 

The acceptance of an Out of Time application is to REVOKE the Warrant of Execution and the effect of this is to rewind the process as if the PCN had never been issued and you are therefore legally entitled to a refund of any money paid under the warrant.

 

The acceptance of the statutory declaration is acceptance that an error had been made.

 

All local authorities will repay the amount of the PCN and TRY to say to you that the bailiff fees are the responsibility of the bailiff company.

 

HOWEVER...this is NONSENSE. The responsibility for paying the bailiff fees lies solely at the door of the LOCAL AUTHORITY.

 

We always find that the best solution to this COMMON SITUATION is to send the local authority a completed N1 Claim Form in draft form and state to them that unless payment is made within 7 days that the papers will be filed in court. It is best to name the local authority as first defendant with the bailiff company as second defendant.

[lamma]

Thank you tomtubby.

[STA]

Sorry everyone, I haven't been able to login for the last couple of days, so I wasn't able to see all the great advice given.

 

Just to let you know, tomtubby, I didn't apply for the costs, and I guess it is too late to do that now.

With regards to the completed N1 form, where do I get that from and can I just fill it in myself?

[crem]

You can print the form using the link below and fill it in by hand, or to make it look neater, fill it in on the screen then print it.

 

What you can't do is fill it in on screen then save it as a computer file. You need several copies of the file, 1 for the court, 1 for the defendant (or 1 each if more then 1 defendant) and 1 for yourself so either multi-print the filled in document before closing your screen, or you will have to photocopy it before taking it to the court to submit.

 

 

http://www.hmcourts-service.gov.uk/courtfinder/forms/n1cpc_webonly_0406.pdf

[STA]

Thanks, I'll let you all know what the outcome is!