3. Bailiffs Swansea Council - 02 - Page Street
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Re: Bailiffs Swansea Council - 02 - Page Street
« Reply #60 on: »
Quote from: RhysGrif on June 26, 2024, 06:21:18 pm
...............
Hello,

So I would I be correct in saying that they have confirmed that the document was posted on 26th and not 25th therefore giving me a 28 day period of 27th November due to the working day falling on the Monday.
Not the 27th Nov, the 28 day period ended Sunday the 26th Nov.

26/10/2023 = Thursday = Date of NTO = Date of Posting
30/10/2023 = Monday = 2nd working day after posting = Deemed date of service = Day 1 of 28
26/11/2023 = Sunday = Day 28 of 28 day relevant period = Payment of £70 made

@cp8759
Per the below. It's the additional £464 that he had to pay to the bailiff that he's trying to recover. The £70 paid to close the PCN would be a bonus, of course.

Quote from: cp8759 on June 26, 2024, 11:31:05 pm
I would suggest you want to start drafting your OOT application. If you can get this accepted and the matter is referred to the tribunal, I have little doubt you can get the £70 refunded. Depending on how much of a fuss the council makes, you might even get a costs order.
« Last Edit: June 27, 2024, 08:45:56 am by Enceladus »
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Re: Bailiffs Swansea Council - 02 - Page Street
« Reply #61 on: »
Quote from: Enceladus on June 27, 2024, 08:38:28 am
Quote from: RhysGrif on June 26, 2024, 06:21:18 pm
...............
Hello,

So I would I be correct in saying that they have confirmed that the document was posted on 26th and not 25th therefore giving me a 28 day period of 27th November due to the working day falling on the Monday.
Not the 27th Nov, the 28 day period ended Sunday the 26th Nov.

26/10/2023 = Thursday = Date of NTO = Date of Posting
30/10/2023 = Monday = 2nd working day after posting = Deemed date of service = Day 1 of 28
26/11/2023 = Sunday = Day 28 of 28 day relevant period = Payment of £70 made

@cp8759
Per the below. It's the additional £464 that he had to pay to the bailiff that he's trying to recover. The £70 paid to close the PCN would be a bonus, of course.

Quote from: cp8759 on June 26, 2024, 11:31:05 pm
I would suggest you want to start drafting your OOT application. If you can get this accepted and the matter is referred to the tribunal, I have little doubt you can get the £70 refunded. Depending on how much of a fuss the council makes, you might even get a costs order.

Hello,

So therefore they’ve confirmed I’ve paid within the 28 day period as the document was posted on the 26th.
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Re: Bailiffs Swansea Council - 02 - Page Street
« Reply #62 on: »
Quote from: cp8759 on June 26, 2024, 11:31:05 pm
I would suggest you want to start drafting your OOT application. If you can get this accepted and the matter is referred to the tribunal, I have little doubt you can get the £70 refunded. Depending on how much of a fuss the council makes, you might even get a costs order.

Hello,

I am not sure I understand, I’m not having recovering the £70 for the PCN, I’m wanting to recover the £464 I’ve paid the bailiffs
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Re: Bailiffs Swansea Council - 02 - Page Street
« Reply #63 on: »
Quote from: Enceladus on June 27, 2024, 08:38:28 am
Quote from: RhysGrif on June 26, 2024, 06:21:18 pm
...............
Hello,

So I would I be correct in saying that they have confirmed that the document was posted on 26th and not 25th therefore giving me a 28 day period of 27th November due to the working day falling on the Monday.
Not the 27th Nov, the 28 day period ended Sunday the 26th Nov.

26/10/2023 = Thursday = Date of NTO = Date of Posting
30/10/2023 = Monday = 2nd working day after posting = Deemed date of service = Day 1 of 28
26/11/2023 = Sunday = Day 28 of 28 day relevant period = Payment of £70 made

@cp8759
Per the below. It's the additional £464 that he had to pay to the bailiff that he's trying to recover. The £70 paid to close the PCN would be a bonus, of course.

Quote from: cp8759 on June 26, 2024, 11:31:05 pm
I would suggest you want to start drafting your OOT application. If you can get this accepted and the matter is referred to the tribunal, I have little doubt you can get the £70 refunded. Depending on how much of a fuss the council makes, you might even get a costs order.


Update:

‘Good Morning
 
Thank you for your email.
 
After a further review of your case and the mitigation you have described we can confirm that your case has been recalled from the Enforcement Agent and you payment of £70.00 has been accepted to close your case.
 
We hope that this assists with your enquiry and apologise for any inconvenience caused.
 
 
Cofion/Regards‘
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Re: Bailiffs Swansea Council - 02 - Page Street
« Reply #64 on: »
Hello,

In response to them confirming they’re in the wrong. What are my next steps for recovering my £464. And also, do I have any potential counter claims as their negligence has caused a lot of stress as I’m an apprentice so £464 is a lot of money
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Re: Bailiffs Swansea Council - 02 - Page Street
« Reply #65 on: »
Mitigation indeed! They've likely just woken up to their errors and realised that you would certainly prevail if this case was ever to reach the Adjudicator.

You should write to the Council and demand, since they have now withdrawn their warrant, that they promptly repay the £464 in charges that you were forced to pay to the enforcement agents working on their behalf.  Give them 7 days. Copy the enforcement agents.

Perhaps H C Andersen will put that in a more appropriate form of words, He's good at writing such letters.

Don't be surprised if Swansea write back and suggest you pursue the matter with the bailiff/enforcement agents. But be aware that it's the Council that is responsible to you. Whether they refund themselves or instruct their agents to refund is their problem, not yours.

And well done.
« Last Edit: June 27, 2024, 11:42:35 am by Enceladus »
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Re: Bailiffs Swansea Council - 02 - Page Street
« Reply #66 on: »
Good news.

You still play a straight and polite bat, the process isn't concluded yet.


Thank you for your email dated **** acknowledging your error in this matter.

As you know, I had to pay your agents £****(the precise amount) in order to prevent my goods being seized. In order to bring financial closure to this part of the matter, this amount should be remitted by the council promptly and I do not think it unreasonable to ask for this to be paid within the next 7 working days from the date of this request. My bank details are as follows:

A/c name:
A/c number:
Sort code:

Thank you.



*- 7 working days is the same period given in a Notice of Enforcement( :). This gives a clear and in my experience achievable timeframe, but only if this is specifically 'owned' within the council and not subjected to the normal payment process.

Don't push your luck by trying to get your £70 refunded because you'd be mixing compensation with a refund. Keep them separate....which isn't to say we won't be returning to the matter. 

No complaints, no recriminations......yet.
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Re: Bailiffs Swansea Council - 02 - Page Street
« Reply #67 on: »
Quote from: RhysGrif on June 27, 2024, 09:57:04 am
Quote from: cp8759 on June 26, 2024, 11:31:05 pm
I would suggest you want to start drafting your OOT application. If you can get this accepted and the matter is referred to the tribunal, I have little doubt you can get the £70 refunded. Depending on how much of a fuss the council makes, you might even get a costs order.

Hello,

I am not sure I understand, I’m not having recovering the £70 for the PCN, I’m wanting to recover the £464 I’ve paid the bailiffs
As I said, you need to make an OOT application, it is now unlikely the council would bother to oppose it. You can't get anything for stress and inconvenience, but getting the £70 back without much difficulty.
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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 #68 on: »
With respect, no

They do not need to submit an OOT.

The council have accepted payment of £70 in full, TEC have no role to play because nothing's being enforced. OP, TEC don't enforce, the council do and they've drawn stumps, so this part is over.

Don't complicate matters.
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Re: Bailiffs Swansea Council - 02 - Page Street
« Reply #69 on: »
Quote from: H C Andersen on June 27, 2024, 11:58:29 am
Good news.

You still play a straight and polite bat, the process isn't concluded yet.


Thank you for your email dated **** acknowledging your error in this matter.

As you know, I had to pay your agents £****(the precise amount) in order to prevent my goods being seized. In order to bring financial closure to this part of the matter, this amount should be remitted by the council promptly and I do not think it unreasonable to ask for this to be paid within the next 7 working days from the date of this request. My bank details are as follows:

A/c name:
A/c number:
Sort code:

Thank you.



*- 7 working days is the same period given in a Notice of Enforcement( :). This gives a clear and in my experience achievable timeframe, but only if this is specifically 'owned' within the council and not subjected to the normal payment process.

Don't push your luck by trying to get your £70 refunded because you'd be mixing compensation with a refund. Keep them separate....which isn't to say we won't be returning to the matter. 

No complaints, no recriminations......yet.

Hello,

UPDATE:

‘Good afternoon
 
Thank you for providing the information requested.
 
Your refund is currently being processed by our accounts team and will be credited to your account in due course.
 
 
Cofion/Regards‘
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Re: Bailiffs Swansea Council - 02 - Page Street
« Reply #70 on: »
Quote from: H C Andersen on June 27, 2024, 07:12:43 pm
With respect, no

They do not need to submit an OOT.
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.

@RhysGrif you might want to make an OOT application to TEC after you've got the initial refund back from the council.
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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 #71 on: »
Hello,

I’ve received my refund from the council
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Re: Bailiffs Swansea Council - 02 - Page Street
« Reply #72 on: »
Good, as expected except it's still a little cryptic as in a refund including or excluding the £70?
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Re: Bailiffs Swansea Council - 02 - Page Street
« Reply #73 on: »
Quote from: H C Andersen on July 04, 2024, 03:02:49 pm
Good, as expected except it's still a little cryptic as in a refund including or excluding the £70?

And does include the full £464 paid to the bailiff?
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Re: Bailiffs Swansea Council - 02 - Page Street
« Reply #74 on: »
Hello,

Sorry for vague response it’s a refund of the &464 paid to the bailiffs
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