Hi all
I recently took Harrow Council and Newlyn (bailiffs) to the small claims court, pursuing a refund for the surprise clamping of my car (I received no letters despite the bailiffs claiming to have sent them, and producing evidence of them).
I paid to release the clamp and then filed out of time (and in time) statutory declarations, which were validated. The orders were therefore revoked.
At court, I was successful at getting Harrow to refund the driving fines (2 x £202) but the judge was unable to find in my favour for the return of bailiff fees.
The bailiff fees were extortionate - approx £540 including £25 credit card fee.
Does anyone have advice about how I can get these fees returned to me. Apparently the Civil Procedure rule 75.8 does not say that the fine is 'set aside' and therefore this means no money has to be refunded. Also, the council claims they do not need to return any money above the fine (ie £202) itself due to the Local Authorities and Transport for London Act 2003 schedule 1.
Help me get my money back!!