Author Topic: Claim for a refund for a revoked fine  (Read 153 times)

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H2402

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Claim for a refund for a revoked fine
« on: June 22, 2023, 03:03:56 pm »
I have recently had an issue with an unpaid debt for a Mersey flow crossing from last August. All the correspondence went to my old address, and I did not know anything about it until I had a bailiff contact me on WhatsApp. I spoke to the bailiff, who was from Marston's Ltd, and explained that I had not had any correspondence, and it had gone to my old address. This was my fault as I had not changed the logbook for my car, however upon contacting Mersey flow, they asked me to contact the TEC and send a TE7 and TE9 form, which I did. In the meantime the bailiff was harassing me for the debt and I eventually arranged to pay him £150 and then a further £231 the following week. In between these times, I contacted Stepchange and they gave me 60 days breathing space. During the breathing space I received a revised fine and the creditor has asked me to pay the £20 original fine plus the crossing fee and that would be the end of it and I have now paid this.  I now want to claim the £150 back from Marston's as the fine has now been revoked by the creditor. Does anyone know how I go about this?

Furthermore, I have also read that the bailff should have never demanded or taken any money from me as the warrant had my old address on and therefore invalid. A new warrant should have been issued when he knew that I had moved, and he should have given me 7 clear days before contacting me.

I just want to know who I can claim from and who I can complain to. I have contacted Merseyflow twice and had no response. I have also contacted Marston's who tell me I have to contact Mersey flow because until they hear from them the fine is still outstanding?

Should I contact Halton Borough council instead?

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Incandescent

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Re: Claim for a refund for a revoked fine
« Reply #1 on: June 22, 2023, 11:34:09 pm »
Did you submit the TE7 and TE9 forms ? Until your declaration is accepted by TEC via these forms the debt remains valid. It also appears Merseyflow are totally ignorant of correct procedures when a PCN is taken to the debt recovery phase. Your dispute is with Merseyflow as it is them who registered the debt and who instructed bailiffs. The bailiffs are merely their agents.

cp8759

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Re: Claim for a refund for a revoked fine
« Reply #2 on: June 23, 2023, 03:44:58 pm »
Have your TE7 / 9 forms been processed by TEC? You might need to phone them to find out.

Until TEC have processed your forms, you are not entitled to a refund.
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 nor 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.

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