Free Traffic Legal Advice

Do you have a bank statement or credit card statement with the money going out then coming back in?

Hi everyone, the balliffs (Newlyn) took my car AFTER I had paid for the debt months ago

Last year I drove into a street that needed a permit in London and got a fine. I was away for months and came back with a baliffs order. I paid the fine in Full in February 2025 and have receipts from newlyn saying the outstanding balance is 0

And says it will auction my car in less than a week

Before considering what steps you can make to get your car back, you need to make sure that you have all the facts to hand.

When the contravention occurred, was a ticket placed on your car or was your vehicle detected  by CCTV and a Penalty Charge Notice issued by post?

When you returned back home, you mention that you had received a 'bailiffs order'. What do you mean by this?

When making payment, can you confirm that you made payment to Newlyn and not to the local authority.

A Notice of Enforcement would have been issued by Newlyn. What date was it issued and what was the date that payment had to be made by?

What date did you make payment?

How was the payment made?

How much did you pay?

Was the recipe provided to you online?

Moreover, the failure to notify you of the vehicle’s location violates the statutory obligation under paragraph 61(4) of Schedule 12 to keep controlled goods safe and make them accessible to the debtor

Not correct I'm afraid.

Paragraph 61 only applies in cases where goods have been taken control but have not been removed by the enforcement agent. What is clear from the OP's post is that his vehicle has been removed.

Quote from: freedom07 on August 05, 2025, 06:36:55 pm

I would like to contest to original PCN which I am doing a PE2/PE3 form
because i got the pcn whilst rushing to the hospital.
 
If I'm successful in contesting this but it was after i paid the baliffs to get my car back, do i get a full refund?

Submitting an Out of Time Application needs careful wording. In your initial post, you mention being away for months and to confuse matters, you also mention that you got the PCN whilst rushing to the hospital. Can you clarify the position. If you had been away for months, would you be able to provide any evidence with your application to back this up?

Currently, Out of Time Witness Statements are taking approx 4 working days to be processed which means that, if submitted tomorrow by email, bailiff enforcement would not be placed ' on hold' until next Monday (possibly Tuesday).

Have you received official notification from Newlyn advising of the date that your vehicle is due to be sold? If so, what date has been provided?

In cases where an Out of Time Witness Statement is accepted, it is the case that you should receive a full refund of any monies paid.

The advice offered contains several inaccuracies and ought to be corrected to avoid misleading an OP. It is correct that an Out of Time witness statement must be carefully drafted and supported by cogent evidence explaining the delay. Inconsistent references to being away for months and receiving the penalty charge notice whilst travelling to hospital must be clarified and supported by contemporaneous material. The Civil Enforcement of Road Traffic Contraventions (England) Representations and Appeals Regulations 2022, together with Rule 23 of the Civil Procedure Rules and associated TEC Practice Guidance, make clear that an Out of Time application must demonstrate that the failure to act within time was not due to a lack of diligence.

The suggestion that enforcement will be placed on hold four working days after submission is incorrect. Enforcement continues until the Traffic Enforcement Centre has formally processed and acknowledged the application. This is usually done within one to two working days following email submission. Once TEC confirms receipt, it issues a hold instruction to the enforcement agent, at which point enforcement must cease pursuant to Regulation 4 of the Taking Control of Goods Regulations 2013.

If the applicant has received formal notice of an impending sale, that is of immediate concern. Under paragraph 15 of Schedule 12 to the Tribunals, Courts and Enforcement Act 2007, no sale may take place without seven clear days' notice. The presence of such notice, or its absence, will materially affect any interim relief application and may support an urgent stay or injunction if enforcement is otherwise imminent and unlawful.

Finally, the assertion that acceptance of an Out of Time witness statement automatically results in a full refund of monies paid is incorrect. Although the warrant is retrospectively invalidated, the local authority is not under an automatic statutory obligation to repay sums received. However, there is a compelling basis to seek restitution, since enforcement becomes void ab initio. The correct approach is to demand reimbursement on the basis that the money was paid under an unenforceable instrument, invoking the general principles of unjust enrichment and, where necessary, relying on authorities such as Auton v London Borough of Barking and Dagenham (2010, unreported) and the reasoning in R (Kay) v Lambeth LBC [2006] UKHL 10 where acts taken under invalid authority must be treated as nullities.

The applicant should be advised to proceed with the Out of Time application without delay, ensure the explanation is consistent and substantiated, and if necessary seek urgent injunctive relief to prevent the disposal of goods in breach of paragraph 15. Any subsequent request for a refund should be framed on public law grounds or brought as a separate claim in restitution.

Do you have a bank statement or credit card statement with the money going out then coming back in?

upon checking, yes i do

You have every reason to challenge what has occurred, especially given that you paid the debt in full in February and were later told it was reversed without your knowledge. Even if enforcement were lawfully resumed, which remains highly questionable, there are strict procedures that must be followed, including giving you clear notice and not imposing additional fees unless properly justified under the regulations.

Storage fees, for example, cannot simply be added without proof. Under the Taking Control of Goods (Fees) Regulations 2014, enforcement agents may only charge fees that are either fixed or reflect actual costs incurred. If storage is claimed, they must be able to show that they paid for it and that the amount is reasonable. This is not a discretionary fee and cannot be inflated or imposed without proper documentation.

As your next step, you may wish to file an urgent application to the County Court to stop the auction and seek the return of your vehicle. You can explain that the debt was previously paid, no valid notice was given, and the fees now demanded are not supported by law. If you are considering paying the fee under protest to recover your car, make sure you clearly record that the payment is made under objection so that you can later pursue a refund through the appropriate legal process.

If you are also submitting PE2 and PE3 forms to challenge the original PCN, and they are accepted, then yes, if the court cancels the enforcement order, you may be eligible for a refund of enforcement fees already paid. Just be aware that the outcome depends on the tribunal accepting your reasons for filing late.

Stay calm, keep copies of all evidence, and ensure everything you submit to the court or to the Traffic Enforcement Centre is clear, complete, and supported by documentation. If you need help preparing your court application or understanding the legal position in more detail, seek individual advice as soon as possible. Time is now very short before the auction date.

I really appreciate everyone's help on this and will keep everyone informed of what happens in the coming weeks
i have a couple of questions

1. how do i file an urgent application to the county court to stop the auction, i live in barnet london
and how long do they take to act?

2. i was considering just paying the fee for now and contesting it with the pe2/3 and then contesting it with the council if successful with the pe2/3
you reassured me by saying that everything i paid will be refunded if im successful in both
i just have a question
when i pay/ pick up the vehicle, i was told online that i will have to admit liability and waive my right to contest later, and if i dont then they wont give my vehicle back, so what do i do in that situaiton?

The OP has not posted any paperwork, not even the bailiff notice.