Free Traffic Legal Advice

Hello all,

Please can I get some advice and help.

I got a ticket for parking on a red route which was on a side road and the bus lane camera on the main road picked it up and they sent the ticket to my old address.
I moved to new address on 26/04/22 and ticket was for 16/11/22 which was sent to my old address.
I changed my drivers license, Log book with DVLA in April 2022 and PCO license.

I then had a notice put on my car and I called the number which was for debt collection company I was told to call TFL and they said to call TEC and I told them on the phone and wrote to them to say I had moved address so how could I have received or know about the ticket. They then sent bailiff to clamp my car and I had to pay and then I was told to apply to courts which I did and attended court last month and was awarded by court to be allowed to make a statutory declaration.

I called TFL and they said to call TEC and I did and they sent an order the order of recovery is revoked and charge certificate cancelled.

Any idea what that means and how do I get my money back of £944 please and deal with this issue.

Thanks

Hi there,

Please see attached as requested
https://ibb.co/swTwftj
https://ibb.co/48ksVGT
https://ibb.co/V9HF8Cw
https://ibb.co/6Zkrmgx
https://ibb.co/zNXrb1w

then I was told to apply to courts which I did and attended court last month and was awarded by court to be allowed to make a statutory declaration*.

*- for parking on a red route?? This should be a Witness Statement, but maybe the court uses SD as a blanket description?

OP, it is very rare for this forum to have first-hand and current info on the N244 process. Yours will be very useful if you would share. But to your point:

how do I get my money back of £944 please and deal with this issue.

First you need to break down what you've paid to date and to whom.

Bailiff's fees - £310 or did you also pay for the removal and storage of your car, fully refundable by TfL now;
Court registration fee - £9 and fully refundable by TfL now;
Surcharged penalty - £90 and again fully refundable now;
Penalty charge - IMO £180 refundable.
N244 application fee - IMO, not refundable unless you qualify, to which the accompanying notes would have referred. However, IMO you might be able to make a claim against TfL if you could show negligence (including significant procedural impropriety) on their part.

So you need to write to TfL claiming back the above pursuant to the court's order that the OfR is revoked and the CC cancelled. £310(at least)+£9+£90+£180 = £589 plus any extra charges related to the tow and storage.

Then wait for the new PCN.

Do you have copies of any of TfL's previous notices i.e. (presumably) postal PCN, CC and OfR.

Also, was your car clamped on your property or the highway.

Hi there,

£669 was pays to the bailiff and yes I came to find the car clamped In the morning to go to work, £275 was the court fees.
I have attached the PCN and charge certificate and the order of recovery and these where all sent to my old address and I only saw them when TFL sent them to court for the hearing and I was sent a copy.

https://ibb.co/TPJK4zR
https://ibb.co/yYg7rbB
https://ibb.co/D8Z3Pv3

I call TFL on Tuesday and they told me they received the court and TEC order and will respond soon.
Thanks

£669 makes sense. £249 = TFL charges and £420 = bailif charges. These are made up as follows.

£160 = TFL Penalty Charge = PCN
£80  = Charge Certifcate uplift
£9  = TEC registration fee
£249 = TFL total = Order for Recovery

£75  = Bailiff Compliance Stage Fee = Notice of Enforcement
£235 = Bailiff Enforcement Stage Fee = Bailiff Visit
£110 = Bailiff Sale Stage Fee (probably shouldn't have been charged)
£420 = Bailiff Total

£275 is odd. Is it a typo? The fee for an N244 application for a review of the Court Officer's decision on your out of time statutory declaration is either £119 for a hearing on the papers or £303 for a hearing in person, unless you were entitled to and applied for fee remission. You seem to have had a hearing in person?

How much did you actually pay in Court fees, £119 or £303? Or is the £275 for something else?

TFL should arrange to refund the £669. They will however re-serve the PCN. This you can, in the normal manner, pay or challenge and then appeal. If you pay at the discount rate this will be £80 or if you lose at Adjudication it will be £160.

I doubt if you'll ever see the court fee refunded no matter what you actually paid.

Hi there,
I waited for TfL and wrote to them but no reply for months and then I spoke to a supervisor and it was then looked but they refused everything and referred it to the tribunal and they did not send me any appointment to attend a hearing and yesterday I a decision from tribunal.

Saying I have to pay the PCN, any idea what u can do now to get my money back, any advice will be appreciated



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Please post up a copy of the completed Witness Statement form that you submitted to the TEC.
(This is already attached at the top but will to it again)
The Adjudicator has stated that the WS was submitted on the ground that you submitted an appeal to the Adjudicator and had no response? The Adjudicator says no such appeal was received. Is that what happened?
(No I have not submitted any to the tribunal only the first one to TEC)
Did TFL write to you when you asked for a refund? If so, please post that up. Likewise when they referred the matter to the Adjudicator did they write to you?
(Yes to both , I attached it hear)
The only option I can see is for you to request a review of the adjudicator's direction. These are difficult to get and need to be submitted on time.

PS
The revoking order from the TEC dated 8th October 2024 is missing from the status history on the TFL website.
Exactly how many Witness Statements and/or Statutory Declarations did you submit to the TEC?
(The statutory declarations was done by TEC themselves when I phoned them asked if they received the court order, 2 WS was done, 1 was by someone who competed it wrong and then one done again to court the N442 form)
And when? Will post again


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It seems that on the Witness Statement, which you haven't shown us, that was the subject of the N244 application you ticked the box that said "I appealed against the local authority’s decision to reject my representation, within 28 days of service of the rejection notice, but have had no response to my appeal."

The term appeal, as used here, means an appeal to the independent adjudicator at the London Tribunals. TFL referred the case to the Adjudicator who decided that no such appeal had been submitted. You were then ordered to pay the full penalty charge amount of £160. So no discount available.

You should have ticked the box on the Witness Statement form that said "I did not receive the Notice to Owner / Penalty Charge Notice." Doing so would have resulted in TFL having to re-serve the (postal) PCN. This you could have challenged or paid at the discount rate, so £80.

The Witness Statement form should really be clearer, but that's what we have to live with.

When you write to TFL asking them to refund the fees please make sure that you ask for all the bailiff fees as well as any TFL fees and charges beyond the £160 ordered by the Adjudicator. You could ask for the £275 N244 application fee as well, but I very much doubt if TFL will agree to refund it.

£75  = Bailiff (enforcement agent) Compliance Stage Fee = Notice of Enforcement
£235 = Bailiff Enforcement Stage Fee = Bailiff Visit
£110 = Bailiff Sale Stage Fee
£420 = Total bailiff charges

£80  = Charge Certificate 50% surcharge
£9  = TEC registration fee
£89 = Total TFL charges

I did request for full refund on 29/01/25 but not received anything instead they sent it to tribunal
Please see the letter I sent and the response I received and advise.


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