Successful with Out of Time applications - now can't get money back from council

[Witchywoman]

After a long drawn out procedure appealing two PCNs sent to a previous address and following two separate visits to my house by same bailiff, rejection of my out of times by the London borough, I had a court date in July and my two out of time applications were allowed by the presiding judge. The LB did not turn up. However I have found it impossible to get money back from the council. They are saying that because the order did not specifically say that charges must be refunded then they won't give me any money back.

 

Has anyone experienced anything like this? I am minded to sue the council in a separate court action as well as the bailiff because I found out much later that the bailiff had over-charged me. Never had a parking ticket before, so this was all new to me.

 

I have emailed the court several times since then and they kept saying the order stands. The latest communication from the court said that the case has now been sent back to Northampton. Does that usually happen?

[Conniff]

Don't waste any more time on them, send them a recorded delivery letter telling them they have 14 days to make the refund or you will take legal action and claim all costs. Don't mention anything about what the last court said or didn't say.

 

If they refuse or don't respond, check the letter was delivered and signed for and then issue a summons. You can do it on line https://www.moneyclaim.gov.uk/web/mcol/welcome

[Witchywoman]

Thanks for your reply. That is pretty much what I had decided to do. I have been communicating with them by email so will also send an email copy.

 

The LB also told me to go to the Local Govt. ombudsman to make a complaint, which I had already done.

 

Have you heard of this happening before?

[tomtubby]

The responsibility for repaying you lays with the LOCAL AUTHORITY.

 

They have refused to repay you and therefore you have done the RIGHT thing by making a Formal Complaint to the Local Government Ombudsman.

 

If you now issue court proceedings, the LGO will have to cease their investigation of your complaint.

[Witchywoman]

Thanks tomtubby. I did wonder about that. Haven't done any court action yet. Wonder why the local authority LB suggested going to LGO. So they can be seen to be helpful - ha ha.........

[tomtubby]

If an Out of Time witness statement is accepted, the effect of it will be to REVOKE the Order for Recovery. Naturally, the respondent is therefore entitled to be refunded the bailiff fees and the amount of the PCN. the claim would be against the LOCAL AUTHORITY.

 

If proof is needed, I would suggest that everyone reads the article written by Mr Vernon Philips towards to bottom of the page on the following link:

 

http://www.credica.co.uk/Portals/3/CredicaPDF_2.pdf