3. Revoked Order For Recovery
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Revoked Order For Recovery
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Hi,

I have had a bit of a saga with an typo on a vehicle address causing a bunch of PCN's. I was not aware of the PCN's until a bailiff came round at which point I had to pay. I have now successfully appealed and the TEC have ordered that the Order For Recovery be revoked.

I am having trouble getting my refund. Both the council and the bailiffs have been telling me I need to speak to the other party. Could anyone guide me on what is actually the correct procedure here?

Thanks

Mo
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Re: Revoked Order For Recovery
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Which Council?
Which debt recovery firm (Bailiffs)?
What date is on the Traffic Enforcement Centre's order?
Normally the TEC would also have cancelled the Charge Certificate. The underlying PCN won't have been cancelled. The Council will very likely re-serve it to your corrected address.

How many unresolved PCNs are there?

The bailiff's are contracted by the Enforcement Authority, in this case a Council. The Council are responsible. So it's up to the Council to instruct the bailiff to refund you.

The bailiff might already have passed over the CC amount and the court fee to the Council. The bailiff will have retained their charges, probably £75 + £235. So far as I know the bailiff should refund everything and pursue the Council for anything they passed over.

You could try contacting Bailiff Advice Online. They are probably best placed to advise on the best way to complain and escalate this through the Council.
« Last Edit: May 25, 2024, 01:37:17 pm by Enceladus »
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Re: Revoked Order For Recovery
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@mothepro can you please answer Enceladus's questions?

My main concern right now is that TEC does not cancel the underlying penalty charge, so the PCNs will still be "live" and they need to be dealt with, or you risk ending up back at square one.

A good start would be to give us the PCN numbers and the number plate so we can carry out some initial investigations.
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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.

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