Unfair Bailiff Charges Help Reclaim- Penalty Charge Notice help

[Karan28]

Unfair Bailiff Charges Help Reclaim- Penalty Charge Notice

Please Could some one help me with reclaiming unfair bailiff charges

 

The Story:

 

1) I had a penalty charge notice with Haringey Council which was disputed.

 

2) I made representations to Haringey Council and did not receive rejection notice in connection with the Penalty Charge Notice.

 

3) I then filled out a Witness Statement for unpaid penalty charge notice- form TE9, stating that i had made representations within 28 days of service of notice but did not receive a rejection notice, this was done on 20.02.2012.

 

4) on 23.03.2012 i received a letter from JBW group- High court enforcement and certified bailiffs, saying a warrant of execution has been issued, and i have 7 days to pay.

 

5) I then wrote to the Court directly on the 26.03.2012 stating I had made representations and had not received any rejection notice. Also telling them that I have now received a letter from the bailiffs, demanding a payment of £221.44, a copy the letter enclosed herewith. Further stating on the letter I would be grateful if you could put a hold on this matter and advice Haringey Council and the bailiffs not to take any further action until I have been given the opportunity to have my representations considered accordingly.

 

6) The TE9 form, which i had sent to the court earlier, was returned to me on the 27.03.2012 by the Court stating that they have been unable to process the form and is returned, reasons being that the witness statement was received outside the timescale allowed and the requested me to complete another "Out of Time" from TE7. Although i had sent it within the timescale.

 

7) I Sent the form TE7 form and a copy of the TE9 form to them stating again that I had made representations to the council but did NOT receive a rejection notice. This was done on the 2.04.2012

 

8) The Next day on 3.4.2012, Bailiffs came to my house and clamped my vehicle. and posted a notice of seizure of goods in my letter box for £499.84.

 

9) I then got a call on private number, i dont know how these guys got my number, asking me if i am going to pay, and if not he will arrange the tow-truck to come. I said I have made representations and this matter is ongoing with the court, I asked him to give me 10-15 minutes. to let me contact the court, asking have they received the form. they said they had not received the forms yet. The bailiff then called up again about 5 mins later, saying he has been in touch with my finance company and said they have also asked him to tow my car, saying i have not paid them, which was a absolute lie as i have been upto date with them, I then tried to get hold of my finance company, but at this point i was put under intense pressure, all of a sudden. They were taking ages to answer so i gave up.

 

Again the bailiff calls, asking me to come out and pay, so I did go out and pay the £499.84...forcefully...i showed him all the recent paperwork saying that this penalty charge is still in the appeal process, and has not been settled yet..the bailiff ofcourse did not give a flying monky's and demanded the money, or the car goes.

 

I still have not heard from the court yet as to the appeal, but i do wish to reclaim the ridiculous charges of these bailiffs- JBW GROUP.

 

On the notice of seizure, the Breakdown of the £449.84 is as follows:

 

Penalty Charge Notice and Court Costs: £202

Sending a letter: £16.20

Levy/Attendance to Levy: £57.00

Other: £ 175.00 (This is the one that i don't get at all...Other?) :@

VAT: £49.64

Total Amount due today: £499.84

 

 

any advise/feedback/help on what to do next to get my money back would be appreciated..Thank you for reading

[tomtubby]

You say that you sent the TE7 & TE9 to TEC on 2nd March. Was this sent by post or email?

 

If sent by email, what time was this sent and did you receive an email as confirmation?

 

How was payment made...was it by debit card or credit card?

 

You need to contact the council asap concerning the appeal?

 

Has your address changed etc ?

[Karan28]

Hi tomtubby, thank you for your response.

 

the TE7 and TE9 were sent by recorded delivery, and were received by the court on the 5th April 2012

 

the payment was made by debit card...

 

i have contacted the court, and they have said that they have forwarded the documents to haringey council and are waiting for there response.

 

no address or details have been changed...

[tomtubby]

I would NEVER EVER suggest sending the Out of Time Statement to the court by POST. They should ALWAYS be sent by email and if send by 4pm will be processed on the same day.

 

I would strongly suggest that you contact the council and obtain a copy of the entire case file on this PCN. This will be a screen shot or Activity Report.