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Incorrect PCN & Fine Paid - Ground for small claims court?

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Good afternoon all!

 

I just wanted a bit of advice on a situation i'm currently in.

 

i'd just like to state that i have no real legal expertise and knowledge lol

 

at the start of June 2017 i got myself a BMW 530d on finance through the company i used to work for.

they kindly offered to insure the car through the company due to the mileage and business use i was doing with the car.

 

on the 28/06/2017 i sold the vehicle on finance to a customer.

he has then ran up dart charges and 2 PCN's which i have had to pay (£513 Each, so total of £1026).

 

I had actually sent a copy of the finance agreement to all parties as part of my representation when the fines originally came through.

waltham forest council have stated that its on the file but newham council and dart charge claim they never received it so all 3 then still continued to chase me for payment.

 

I paid the fine for the two council PCN's as it had got to bailiff stage and a bailiff was at my house.

however, i have got a HPI report on the vehicle which states there was a change of ownership on the V5 on the 28/06/2017 which is the new owner.

I'm now thinking can i get any form of compensation for all the trouble and hassle this has caused.

 

The one bailiff entered my parents house and was asked to remove his shoes as we have cream carpet but he failed to do so and continued to walk around the property so i now have to pay to have the carpets cleaned which is annoying as well as now putting me in a situation whereby I've been paid from my employer but not left with anything for my bills due to having to pay the fines.

 

on these grounds do i have any basis to challenge the enforcement companies and take them to small claims court to get my original £513 back for what i paid, I've incurred late payment charged on 2 bills as a direct result of having to pay for a fine as well as the cost of cleaning the carpets?

 

Any help is appreciated :)

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Someone will be along to answer the principal question - but on a sidenote, do you know which bailiff firm it was? Can you find out?


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Hi there, the two companies are JBW Group & NEWLYN PLC for the two fines i have paid & for the dart charge it is Equita who are chasing me but since supplying a copy of the HPI report for the BMW and informing them i'm surely not liable they seem to have gone rather quiet.

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moved to the main bailiff forum


..

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At the start of June 2017 i got myself a BMW 530d on finance through the company i used to work for. They kindly offered to insure the car through the company due to the mileage and business use i was doing with the car.

 

On the 28/06/2017 i sold the vehicle on finance to a customer. He has then ran up Dart charges and 2 PCN's which i have had to pay (£513 each, so total of £1026).

 

I had actually sent a copy of the finance agreement to all parties as part of my representation when the fines originally came through.

 

Waltham Forest Council have stated that its on the file but Newham Council and Dart Charge claim they never received it so all 3 then still continued to chase me for payment.

 

I paid the fine for the two council PCN's as it had got to bailiff stage and a bailiff was at my house.

however, i have got a HPI report on the vehicle which states there was a change of ownership on the V5 on the 28/06/2017 which is the new owner.

I'm now thinking can i get any form of compensation for all the trouble and hassle this has caused.

 

The one bailiff entered my parents house and was asked to remove his shoes as we have cream carpet but he failed to do so and continued to walk around the property so i now have to pay to have the carpets cleaned which is annoying as well as now putting me in a situation whereby I've been paid from my employer but not left with anything for my bills due to having to pay the fines.

 

Do i have any basis to challenge the enforcement companies and take them to small claims court to get my original £513 back for what I paid.

 

Any help is appreciated :)

 

Your query is a very simply one to resolve. What you should be doing, is to submit 2 Out of Time witness statements or Statutory Declarations for the two London contraventions that you have paid. If accepted, you will be entitled to be refunded what you have had to pay.

 

Additionally, you should also be submitting two separate Out of Time witness statements in relation to the Dart Charge penalties.

 

Do you have the date of each of the contraventions (and Dart Charge crossings)?

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