After the bailiff took a partial payment, I successfully appealed a PCN through the TEC. Can I recover that payment?


Yes

When the TEC allows your appeal, the enforcement power ceases to be exercisable. [1][2]

You may ask the council for your money back.

It's important to note that the council cannot shift responsibility by directing you to the bailiff for a refund, as he acted under their instruction. The refund responsibility rests with the council.[3]

Your approach letter must state the amount taken, provide evidence of the money flow, and state that the Traffic Enforcement Centre (The TEC) has allowed the appeal. It must also include your bank details for payment and set a deadline.[4]



[1] Paragraph 8.1 of Practice Direction 75
[2] Paragraph 6(3) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007
[3] Paragraph 66(6) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007
[4] Rule 6 of the Practice Direction – Pre-Action Conduct And Protocols