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#Post#: 28007--------------------------------------------------
Re: Bailiffs Swansea Council - 02 - Page Street
DIR By: ivanleo
Date: June 30, 2024, 9:56 am
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--- Quote from: H C Andersen link ---
>
> With respect, no
>
> They do not need to submit an OOT.
>
--- End Quote ---
It's not needed, it's down to whether RhysGrif wants to get the
£70 back (which I think is a near certainty given a statutory
ground of appeal is plainly made out). If an OOT is accepted by
TEC, the council must refer the case to the adjudicator,
regardless of what the council is or isn't trying to enforce.
[member=1978]RhysGrif[/member] you might want to make an OOT
application to TEC after you've got the initial refund back from
the council.
#Post#: 28620--------------------------------------------------
Re: Bailiffs Swansea Council - 02 - Page Street
DIR By: RhysGrif
Date: July 4, 2024, 8:25 am
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Hello,
I’ve received my refund from the council
#Post#: 28627--------------------------------------------------
Re: Bailiffs Swansea Council - 02 - Page Street
DIR By: H C Andersen
Date: July 4, 2024, 9:02 am
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Good, as expected except it's still a little cryptic as in a
refund including or excluding the £70?
#Post#: 28633--------------------------------------------------
Re: Bailiffs Swansea Council - 02 - Page Street
DIR By: Enceladus
Date: July 4, 2024, 9:26 am
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--- Quote from: H C Andersen link ---
>
> Good, as expected except it's still a little cryptic as in a
refund including or excluding the £70?
>
--- End Quote ---
And does include the full £464 paid to the bailiff?
#Post#: 28718--------------------------------------------------
Re: Bailiffs Swansea Council - 02 - Page Street
DIR By: RhysGrif
Date: July 5, 2024, 7:01 am
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Hello,
Sorry for vague response it’s a refund of the &464 paid to the
bailiffs
#Post#: 28849--------------------------------------------------
Re: Bailiffs Swansea Council - 02 - Page Street
DIR By: ivanleo
Date: July 6, 2024, 12:00 pm
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[member=1978]RhysGrif[/member] do you want the original £70 back
as well?
#Post#: 28861--------------------------------------------------
Re: Bailiffs Swansea Council - 02 - Page Street
DIR By: Neil B
Date: July 6, 2024, 12:41 pm
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--- Quote from: cp8759 link ---
>
> [member=1978]RhysGrif[/member] do you want the original £70
back as well?
>
--- End Quote ---
+1
It seems silly not to as the council have gifted you such a
confession.
#Post#: 28918--------------------------------------------------
Re: Bailiffs Swansea Council - 02 - Page Street
DIR By: RhysGrif
Date: July 7, 2024, 7:07 am
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--- Quote from: cp8759 link ---
>
> [member=1978]RhysGrif[/member] do you want the original £70
back as well?
>
--- End Quote ---
Hello,
How would that be possible, if my parking ticket was legitimate
reason
#Post#: 28923--------------------------------------------------
Re: Bailiffs Swansea Council - 02 - Page Street
DIR By: H C Andersen
Date: July 7, 2024, 7:38 am
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We wouldn't know, all we've seen is some black and white photos
apparently embedded in a NTO of a car apparently on DYL.
Normally payment would close the case. But here IMO you have two
potential approaches:
For us to look at the detail of the alleged contravention,
including your reps and possibly the traffic order in order to
get them to reopen the case with hard evidence in support of a
winning argument. But I think you would get one shot at this.
The intro to this could be that having had the opportunity to
look into this matter further it would appear that the council's
errors are not limited to [short resume of their post-payment
enforcement] but include ......... and therefore as the
council's attempts to extort penalties pre-date their later
unlawful actions you would request that the penalty itself is
repaid...
Compensation. For this IMO you would go above parking whose
response was mealy-mouthed to say the least.
#Post#: 29011--------------------------------------------------
Re: Bailiffs Swansea Council - 02 - Page Street
DIR By: ivanleo
Date: July 7, 2024, 7:14 pm
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--- Quote from: RhysGrif link ---
>
> How would that be possible, if my parking ticket was
legitimate reason
>
--- End Quote ---
It doesn't matter, the law says that if the council makes an
excessive demand for money then the PCN must be cancelled
regardless of whether it was rightly issued in the first place.
The first step is to make an out-of-time application to the
traffic enforcement centre to get a revoking order, as the
council has closed the case they are unlikely to oppose it.
Once the Traffic Enforcement Centre has issued a revoking order
the council is required to refer the matter to the Traffic
Penalty Tribunal, where the matter would be dealt with as an
ordinary appeal and as pointed out above, you have the council's
admission that the charge certificate was served in error, so
the appeal would be allowed on the ground that the penalty
demanded exceeded the amount due by law.
These are the documents you need to file with the court:
Form TE9:
HTML https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1094491/Parking_TE9.pdf<br
/>(you will want to tick the box for "The penalty charge has
been
paid in full")
Form TE7:
HTML https://assets.publishing.service.gov.uk/media/62bebaeee90e073f56752a86/TE7_0622_save.pdf
Form TE9 is just a tick-box exercise, but form TE7 is not, so we
need to help you with the wording. As a starting point (and to
save me reading back through a six page thread), did you ever
get to the bottom of why you didn't receive the charge
certificate or the order for recovery? Is the address on the
notice to owner 100% correct? and have you have any issues with
post being misdelivered?
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