Ive sent you a PM

Yes you are right the thread title is wrong, I was on holiday at the time and my family were informed that the car had been sold. Apologies for any confusion. It has today been agreed to refund the storage costs. The fees outstanding are the fees taken by the council (I had a visitors permit), court fees, out of pocket expenses and interest????

My car wasn't sold!!! but I had to pay storage fees that have not been refunded.

All warrants have now been revoked. I have received a further refund of £500. The storage fees are a bit of a problem as neither the bailiffs nor the council want to take responsiblity.

Sorry for the confusion again lol It is holiday pay that should have been paid on average earnings. I am past the ET deadline but as other employees with the same job description under the same contract were paid average earnings and I received basic salary only, I believe I was discriminated against (maybe because I left).

Should county court action be necessary, do I quote the Employment Act or the Equality Act??? And are there any circumstances that can justify one person being singled out for non payment whilst everyone else under the same contract receives bonuses???

I've edited again lol Yeah I was thinking about Small Claims myself, the contract confirms it is 'usually' average earnings. Colleagues have confirmed they were paid on this basis in the same month that I was paid basic only.

I've edited my post, I hope this makes it clearer?

I was employed on the basis of basic plus bonus (the bonus was the majority of my wage). I ended my employment with holiday pay outstanding. The company have since confirmed in writing that 1) Holiday pay I received is for basic salary only. 2) Holiday pay is based on average earnings (basic plus bonus). 3) Other employees have confirmed in writing they were paid on basic plus bonus for holidays taken the same month. 4) My ex employers will not offer any explanation for the shortfall. I cannot go to the Employment Tribunal as it is out of time but any advice is appreciated.

It was not dropped at the initial hearing or the first relisting. That is correct. Yes, the fine was reduced by £550 on the second relisting leaving the £250 to be paid, this was paid the next day. Bailiff costs for removing car, storage etc of approx £700.

What I'm looking for is to have the warrant revoked and bailiff charges returned as the warrant was for both charges and only payment of £800 in full would be accepted. The charge of no insurance was not withdrawn on the first relisting due to a) no proof of employment (the Police notes on the HORT2 confirmed otherwise, and, b) I made no contact with the court (my phone records confirm otherwise). Additionally the prosecution (CPS) confirmed they were happy to have the case withdrawn. The charge of no insurance was withdrawn on the second relisting (identical evidence as the first relisting), however the warrant wasn't. Had the correct decision been made at the first relisting then no warrant would have been issued.

Letters from the court stated only payment in full of £800 would be accepted, I contacted the court several times within the 28 days to resolve and have records to confirm. Things esculated due to it being claimed that I made no contact with the court. The disputed offence was later withdrawn (no new evidence) and payment of £950 (including bailiff fees) was paid.

That depends when the 28 days would start. Since the original fine of £800 - No Since the £250 fine was confirmed - Yes

I was stopped whilst driving a company car for using a mobile phone and was convicted in my absence of using mobile phone (£250) and no insurance (£550). I completed a HORT2 form at the Police station and had to provide the certificate of insurance and proof of employment (ID badge, wage slip) to the Police, this was clearly marked on the HORT2 document. The case was reopened and the Police document was produced clearly stating that proof of employment was provided, again in my absence. However the case was not withdrawn due to there being no proof of employment??? and was informed only a payment in full of £800 would be accepted. I contacted the court 8 times by email and phone (records confirm) I was assured by telephone that the matter would be resolved. In addition, I contacted the CPS who confirmed that if the Police are satisfied then so are they. Whilst on holiday my car was removed by bailiffs. When I returned I applied to have the case reopened due to the above, the charge of no insurance was withdrawn using the same evidence as the previous hearing. However as the offence of using mobile phone was not withdrawn, the Magistrates Court refuse to instruct the bailiffs to refund their fees. If the correct decision been made on the original reopening, the mobile phone offence would of been paid and the issue of bailiff fees would never have arose. How can I claim back the bailiffs fees?????? All help very much appreciated

Thanks again, I would just like to clear something up before I take further action. There were three pcn's issued that led to three warrants and costs incurred. In order to save money I applied for one hearing (hearing fee £80 each) and was successful in having the warrant revoked. The breakdown of costs using round figures is. Parking £120x3 = £360 Bailiffs £120x3 =£360 Van/Removal = £370 Storage of car = £450 Strictly speaking as things stand I am only entitled to a refund of £120 untill the remaining two warrants are revoked (evidence is identical as the revoked warrant). Just wondering whether to issue the N1 before or after the application for remaining warrants to be revoked.

Thanks for your help, when you say County Court, do you mean small claims or form 4 or both or something else????

Despite the warrant being revoked the LA are still refusing to refund the costs incurred in enforcing the warrant. They understand that they have been instructed to cancel the Order For Recovery and Charge Certificate. However, as the original penalty charge has been paid, the case is closed and they are under no obligation to refund fees paid to their bailiffs. I'm now considering making a claim through the small claims court but not sure if this is the best option.

Hi Spring, I think this is the link you are looking for: http://www.consumeractiongroup.co.uk/forum/content.php?849-BCOBS-Round-up-Making-your-bank-treat-you-failry I think it would benefit hugely to have clarifiaction of the dates when COBS and BCOBS etc became applicable and the types of business they are relevant for.

The local authority is in Cumbria.

The hearing was 1st May and the court order stated 1. Leave to the defendant to file a statutory declaration out of time setting out the reason for the setting aside of the penalty notice 2. Warrant set aside. The TEC have now confirmed "it is ordered that the order for recoveryof unpaid penalty charge be revoked". I have sent both orders to the local authority and requested full refund plus interest within 14 days.

I've not got any money back yet lol

Thank you to everyone for the help provided especially to TomTubby. It's taken longer than it should have due to emails not arriving at the TEC leading for me to wait for a reply that never came. I also felt a bit intimidated (unecessarily) about appearing in the County Court before a judge. There were 3 PCN's and the cost of the hearing was £80 per PCN, due to cost I applied for one of them to be revoked as the evidence I produced in my defence was identical for all 3. This application was successfull, hopefully common sence will now prevail and I receive a full refund for all 3 PCN's.

The website you quote is very usefull but it only goes back to 1999. How can we find house sales in 1991 ?

I requested they get the amount correct first. Yes plus the following 18 months Removed, applied and removed again No many times Neither do I.

How can the council claim the liability order is for the right amount when the discount has been wrongly removed ? especially when they wrongly removed the discount 3 times ? They failed to apply the discount for 18 months. Applied the discount for 18 months. Removed the discount for 18 months. Applied the discount for 3 years. Removed the discount for 1 year. They summons for the full amount (without the discount) including costs, they adjusted the discounts but not their inflated costs.