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FightBack Forums > Queries > Council Parking Tickets & Clamping and Decriminalised Notices
BAILIFFCHASER
What happens if you pay a pcn and realise afterwards 2-3 weeks that you were right and ask for your money back from the la ?
Gan
My understanding is that once paid the matter is closed.

The only exceptions that I've noticed here have been when tribunals have picked up major failings with cameras or traffic orders that mean that enforcement has always been unlawful.

Even then, councils are reluctant to make automatic refunds and leave it for their victims to find out about the ruling.
hcandersen
After 2-3 weeks you realise that you were right?

Not certain what this means. Penalty charges etc. operate in a legal process - knowing something is one thing; proving it to the satisfaction of another party is another.

Too vague at the moment.

But if you want an answer to what you've posted - write to the council and ask for your money back. IMO, too often OPs seem to get themselves into a lather before they've taken the first simple step of contacting the council.

HCA
Glacier2
OP's are obsessed with the 50% discount.

You pay, you lose. Case closed.
Neil B
QUOTE (Glacier2 @ Wed, 24 Aug 2011 - 11:10) *
OP's are obsessed with the 50% discount.


yep, certainly more so in recent months. It gets v frustrating trying to help when they keep giving indications we are wasting our time because they will likely cave at a second chance on that discount.
Mortimer
A post fine refund has been achieved before...
http://forums.pepipoo.com/index.php?showtopic=42926

BAILIFFCHASER
The council will automatically refuse the request and as the council will not refund you voluntarily you cant take the matter to appeal in which case you could go through a small claims procedure.
Neil B
QUOTE (BAILIFFCHASER @ Wed, 24 Aug 2011 - 14:24) *
The council will automatically refuse the request and as the council will not refund you voluntarily you cant take the matter to appeal in which case you could go through a small claims procedure.


Well no, there have been examples where Councils have voluntarily refunded en-masse, certainly where an application is made for a refund and aren't RuT currently debating their own voluntary refunds?

Again though, as someone asked, is this a general point or is there a specific case and reason?
Glacier2
QUOTE (BAILIFFCHASER @ Wed, 24 Aug 2011 - 16:24) *
The council will automatically refuse the request and as the council will not refund you voluntarily you cant take the matter to appeal in which case you could go through a small claims procedure.

Eh? No.

The council will be able to successfully defend on the basis of the wrong venue defence. The council will quite correctly point out the the place to appeal parking tickets is the adjudicators. The fact the person claiming did not follow the correct procedures, i.e. not to pay is neither here nor there.
BAILIFFCHASER
It is a general question as several times people have paid a pcn only to discover that either the pcn was invalid or some other problem with it and the council will have none of it apart from the( You have accepted your mistake as you paid or people paid because they felt guilty.).
Neil B
Then Glacier's post#9 applies.
bama
I don't have a copy, nor have I seen one (yet), of
Rebecca Williams, Unjust Enrichment and Public Law (Hart Publishing, 2010).

but Endicott bigs it up as worth reading
henrik777
QUOTE (bama @ Wed, 24 Aug 2011 - 19:59) *
I don't have a copy, nor have I seen one (yet), of
Rebecca Williams, Unjust Enrichment and Public Law (Hart Publishing, 2010).

but Endicott bigs it up as worth reading


http://www.amazon.co.uk/Unjust-Enrichment-...6354&sr=8-5
BAILIFFCHASER
The water needs to be tested on this.
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