Claim it from the council
When the Traffic Enforcement Centre (The TEC) revokes the enforcement for an unpaid traffic contravention debt, the enforcement power ceases to be exercisable,[2] and no enforcement fees and charges are due.[3]
Write a letter of claim to the creditor, which is the council, or government body, the bailiff was acting for.[4]
You can also claim damages even if no money was taken, but your vehicle was clamped while the court considered your traffic appeal.[5]
Copy in the bailiff company by email, but do not name them as a defendant.
The letter should state:
your name and address
the Penalty Charge Notice (PCN) number
how much was taken by the bailiffs, and on what date
the date the TEC revoked the enforcement power
the request for the return of the money taken, and set a deadline
Enable payment of the money by giving your account number, sort code and account holders name.
Then say, that if the money is not refunded by the due date, you will start a claim in the county court.
You can start a money claim online.[6]
DO NOT name the bailiff company as a defendant. They are not a party in the statutory remedies available for debtors.[7] The court can strike out your claim, and you could be ordered to pay costs for litigating a non-party.[8]
Always ask for your costs.[9][10][11]
Template Letter of claim
Send the letter of claim to the council or authority and get a certificate of posting from the post office.
Give a copy of the letter of claim to the bailiff company by email marked for information only and make a screenshot of the sent email capturing the time you gave it.
Send a copy of the letter of claim by text message to the bailiff to his mobile and make a screenshot of the sent text message to record the time you gave it.
Keep all screenshots for your file.
[1] Paragraph 66(6)(b) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007
[2] Paragraph 6(3) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007
[3] Regulation 17 of the Taking Control of Goods (Fees) Regulations 2014
[4] Pre-action Protocol for debt claims
[5] Section 3 of the Torts (Interference with Goods) Act 1977
[6] Sign up for Money Claim Online
[7] Paragraph 66(6) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007
[8] Civil Procedure Rule 3.4
[9] Civil Procedure Rule 46.5
[10] Practice Direction 46.5 Rule 3.1
[11] Civil Procedure Rule 44.2
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