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FightBack Forums > Queries > Council Parking Tickets & Clamping and Decriminalised Notices
husky
Hi,

I have quite few Penalty Charge Notices appealed & paid in the past few years with no Date of Notice
and would like to write to the council and settle out of court before I go ahead
and make a claim.

My questions are:

1. Do I need to have the original PCNs or a copy of the PCN is OK?

2. Can I make a claim for refund of all PCNs together or does it have to be one by one?


I have successfully challenged many PCNs but never made any court claim at all, but looking forward to it rolleyes.gif


Thanks a lot smile.gif
Teufel
copies should be ok

you can amalgamate all together into single claim


good luck

lots of info here on how to make claim for restitution
greatscot
Never done this but i reckon you would go about doing it in the same manner as the folk who are claiming back millions from banks due to being illegally penalised. See the link at the bottom of my post for the full process.

In basic terms

Send letter to Council asking for details of all penalty charges you have had in last 5 years (6 in England)
(I've done this, they must furnish you with the details)

Then send them a letter demanding repayment of all fines with a total figure given. Give them 2 weeks to respond with your cash.
(Modifying the sample letter on the moneysaving expert site to suit would be a good idea)

Unless you get the cash back at this point(very unlikely at this point)
Send second letter giving them a further week or 2 weeks to refund the money or you will start court action without further notice.
(Modifying the 2nd sample letter on the moneysaving expert site would help)
You have to go through this letter writing process before you do the court bit.

If no response or you don't get the cash;

Start small claim action against Council.(You can claim back everything in one go, subject to small claims limits. 5 grand in England, £750 in Scotland)
(Nothing to worry about and easier than you think, I've done one myself against someone(not on parking) and it's actually pretty straight forward and easier than you think. Court staff were very helpful.

Council might pay up before court case. But if not you would have to turn up to state your case.

You will have to read up about the process yourself this is only the basics and I aint a lawyer. But good on you and go for it.
More of us need to be willing to have a pop at Councils like this. In my experience everyone on pepipoo is far more knowledgeable than the idiots who are in charge of spending our tax money!
husky
Thanks Teufel

Will keep you informed
husky
QUOTE (greatscot @ Sat, 6 Jan 2007 - 21:33) *
Never done this but i reckon you would go about doing it in the same manner as the folk who are claiming back millions from banks due to being illegally penalised. See the link at the bottom of my post for the full process.

In basic terms

Send letter to Council asking for details of all penalty charges you have had in last 5 years (6 in England)
(I've done this, they must furnish you with the details)

Then send them a letter demanding repayment of all fines with a total figure given. Give them 2 weeks to respond with your cash.
(Modifying the sample letter on the moneysaving expert site to suit would be a good idea)

Unless you get the cash back at this point(very unlikely at this point)
Send second letter giving them a further week or 2 weeks to refund the money or you will start court action without further notice.
(Modifying the 2nd sample letter on the moneysaving expert site would help)
You have to go through this letter writing process before you do the court bit.

If no response or you don't get the cash;

Start small claim action against Council.(You can claim back everything in one go, subject to small claims limits. 5 grand in England, £750 in Scotland)
(Nothing to worry about and easier than you think, I've done one myself against someone(not on parking) and it's actually pretty straight forward and easier than you think. Court staff were very helpful.

Council might pay up before court case. But if not you would have to turn up to state your case.

You will have to read up about the process yourself this is only the basics and I aint a lawyer. But good on you and go for it.
More of us need to be willing to have a pop at Councils like this. In my experience everyone on pepipoo is far more knowledgeable than the idiots who are in charge of spending our tax money!



Sounds very interesting though.

Would the list of all PCNs in the last 6 years contain just PCN numbers, time etc or would they send a copy of all PCNs?
Coz I think it would be pointless having all the PCN numbers without the actual penalty charge notices as I wouldn't know whether or not the PCNs were issued correctly (not sure if I'll be able to find all PCNs).

Cheers
greatscot
The print out I got back from the Council was just a list of all the PCN' numbers that were logged against my name. They had a date and their status on hold, cancelled, paid etc. You wont get a copy of all the issued PCN's.

You will know that the PCN's were issued incorrectly as most Councils have only recently started changing PCN's to suit J Jacksons decision. So if you have some of the PCN's that would suffice that all of them were incorrect. There is no way for example that the Council would have issued PCN's in 2004 with date of issue on them, to then decided to remove the date of issue entry.It would be up to the Council to prove that they did comply as you are the one driving the court process. (By the way it's great when the boot is on the other foot)
You also have a High Court Judge backing you up!

GS
patdavies
When you go after them, both in letters to them and details to court, you should use the word restitution, not refund.

The difference is subtle but significant.
husky
Thanks for your reply guys!

I forgot to mention that every single PCN was issued while the vehicle was engaged in loading or unloading and
I would be able to provide a sufficient evidence (delivery/collection manifest etc.) for most of the PCNs.

Would that help me in court or should I just stick with the date of notice issue?

Cheers
Teufel
if you have paid you cannot now claim the loading exemption

you can only claim restitution for a defective (and so invalid) pcn

if you have not paid then you can appeal via patas/npas on both cliams
husky
QUOTE (Teufel @ Mon, 8 Jan 2007 - 10:13) *
if you have paid you cannot now claim the loading exemption

you can only claim restitution for a defective (and so invalid) pcn

if you have not paid then you can appeal via patas/npas on both cliams


thanks Teufel

will request for a list of all PCNs issued in the past 6 years soon. It will be pretty heavy though:-)
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