Author Topic: Bailiffs Swansea Council - 02 - Page Street  (Read 3675 times)

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Re: Bailiffs Swansea Council - 02 - Page Street
« Reply #75 on: »
@RhysGrif do you want the original £70 back as well?
I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

Re: Bailiffs Swansea Council - 02 - Page Street
« Reply #76 on: »
@RhysGrif do you want the original £70 back as well?
+1
It seems silly not to as the council have gifted you such a confession.

Re: Bailiffs Swansea Council - 02 - Page Street
« Reply #77 on: »
@RhysGrif do you want the original £70 back as well?

Hello,

How would that be possible, if my parking ticket was legitimate reason

Re: Bailiffs Swansea Council - 02 - Page Street
« Reply #78 on: »
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.


Re: Bailiffs Swansea Council - 02 - Page Street
« Reply #79 on: »
How would that be possible, if my parking ticket was legitimate reason
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: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1094491/Parking_TE9.pdf (you will want to tick the box for "The penalty charge has been paid in full")
Form TE7: 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?
I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order