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Bailiffs taken £438 from me when I have receipt of the parking ticket I PAID


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Hi all

 

I am new to this forum as I have just experienced bailiffs clamping my car trying to reclaim £438. 

 

On 07.09.21, I parked my car and paid for the parking in full on the app Ringo. However, when I returned to my car a yellow PCN was displayed for allegedly not paying for parking. Please note the PCN shows 18:05 as the alleged contravention time but my receipt shows a timestamp of 18:10, this is because the payment takes a few minutes to process.

 

Admittedly I forgot to appeal the yellow pcn and never received subsequent letters to my home address apart from one bailiff letter which I thought was a joke and only had details to pay-no details to appeal .

 

Today at the crack of dawn a bailiff was clamping my car and then handed me a letter stating I must pay the £438 even when I showed him the parking receipt. He said I must pay or he will be calling his colleagues to tow the vehicle away. My mum had to use her credit card to pay as we have both been off work due to the loss of my dear grandfather a few weeks earlier and I am a uni student. 

 

I believe it is completely unjust to be charged £438 for the 5 minutes that the parking app took to process. I would really appreciate any advise on how to get the money back. I have done a bit of reading up as I am new to this all. I have also read about the ten minute grace period mentioned in the Civil enforcement of parking regulations 2007. I am thinking to write to the Council and request this refund and if they refuse do I take it to the small claims court? 

 

Please help!!!!!

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Yes contact the Council if they own the carpark with proof that you paid for the parking on the day and a copy of the PCN.  The Council should refund all of money, as the payment should have been noted on their systems and therefore the enforcement company should never have been instructed,

 

This is not an issue with the 5 minutes it took for the payment to go through, as time is allowed for parking to be paid for.

 

This is provided that you did park your car without paying, came back to the PCN and then thought you could buy a parking ticket in an attempt to avoid having to pay the PCN.

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you state you never got the multiple letters from the council you would have received before it ever got this far?

 

have you recently moved or changed car?

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thank you for the response @unclebulgaria67, CCTV would prove I didn't come back to the PCN and buy a parking ticket in an attempt to avoid the PCN. I paid while I was still in my car and then walked off.

 

@dx100ukHi, I didn't receive letters from the council only the one from the bailiffs. I haven't changed address in the last ten years or changed car.

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well something not right as you would have had atleast 3 letters regarding this before it ever got to this stage.

you should also have received a notice of enforcement from the bailiffs about +10days ago stating what actions will now happen.

have you checked you entered things like the reg number in correctly on the APP?

 

anyway, you can easily get this sorted and you money back by filing a statutory declaration .

 

see TE/9 here. please ensure you read ALL the posts in the link.

 

Which to use For Which Offence. PE2/3, TE7/9. - Bailiffs - Help with Dealing with Bailiffs and Enforcement Agents including HCEO - Consumer Action Group

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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@dx100ukHi, the receipt from the app states my car reg correct. So should I not contact the council for the refund?? do I fill in that form instead?

Thanks 

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that form will be the result of you contacting the council, you simply tell them you are doing it

but yes still contact their TEC and explain what has happened, you might findout where they have sent all the demand to date.

 

was that bailiff letter the NOE?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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@dx100ukSorry apologies for being slow...but what do you mean by the form will be the result of you contacting the council? Won't the council just refund me before I have to use that form??

 

Yes I think so the bailiff letter was the NOE

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god no 

they will advise you have to go thru the statutory process ... which is using those forms, you won't see the money for a good few weeks sadly.

 

but as i say something is not right here as there would have been several letters 

 

sorry i said the wrong forms its te7/9

so you shouldn't need a witness etc

 

For all LOCAL authority issued parking contraventions....Forms TE7 and TE9 are needed.

Given the popularity of this forum, for anyone else reading this post could you please note that Out of Time Witness Statement forms (TE7 and TE9) do NOT require a signature to be witnessed. 

 

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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What I would NOT suggest that you do is to take legal action. Your mistake was that (in your own words)...you forgot to appeal the PCN. 

 

You are also incorrect in stating that  'it is completely unjust to be charged £438 for the 5 minutes that the parking app took to process'. The reason why the debt has risen so much is due to the fact that you failed to either appeal to the council at the time or alternatively, to pay the charge at the earlier discounted rate of around £60.  You could have also avoided the £235 'enforcement' fee by addressing the Notice of Enforcement instead of considering that the notice was 'a joke'. 

 

As you had failed to appeal the PCN a warrant had been issued, the only way of getting the council to 'rewind' the procedure back to the 'appeal' stage is for you to submit an Out of Time Witness Statement (forms TE7 and TE9) to the Traffic Enforcement Centre on the grounds that you had not received the notices from the council.

 

In order for your application to stand any chance of being accepted, you would need to provided a GOOD REASON AS TO WHY you had not received each of the notices. In this respect, as you have lived in the same property for 10 years and have had the same car for that entire period, you may struggle to provide a GOOD REASON. 

 

PS: I would suggest that before you do anything that you speak to the council regarding the Ringo payment. You should also ask them for confirmation of the exact address and postcode where notices had been sent to. 

 

 

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