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JBW + "Order for recovery for unpaid penalty charge" Revoked - Getting a refund

di.burnside
Posts: 5 Forumite
I had an "Order for Recovery of Unpaid Penatly Charges" revoked by Northampton County Court (submitted declaration 29th April 2009), but before I received this JBW had already visited my property (mid May 2009) and demanded full payment of the unpaid parking fine + charges - total of £409.93 (original parking ticket £80.00) or they were going to seize goods. I informed the Bailiff (I'd already contacted his company prior as well) that I'd applied for the charge to be revoked and that the actual owner of the car had paid the fine (I had reference number etc.). I paid the full amount demanded (they wouldn't accept part payment), even though I had proof that the original fine had been paid as the bailiff explained that if there was a mistake I would be refunded.
Originally JBW said that they would refund the amount with proof that the parking ticket had been paid. This was faxed to them from the council. A few days later we received a cheque from the council for £80.00 but nothing from the JBW. I contacted them about the balance and they were very unhelpful and said that they couldn't do anything without the court approving it. On receiving the the paperwork from Northampton County Council I immediately sent a letter to JBW (recorded delivery) with copy of the revokation, however I have not had any response or refund.
I don't really want to take this to the small claims court, but will if I have to. Any help/advise would be greatly appreciated!
Cheers, Sam.
Originally JBW said that they would refund the amount with proof that the parking ticket had been paid. This was faxed to them from the council. A few days later we received a cheque from the council for £80.00 but nothing from the JBW. I contacted them about the balance and they were very unhelpful and said that they couldn't do anything without the court approving it. On receiving the the paperwork from Northampton County Council I immediately sent a letter to JBW (recorded delivery) with copy of the revokation, however I have not had any response or refund.
I don't really want to take this to the small claims court, but will if I have to. Any help/advise would be greatly appreciated!
Cheers, Sam.
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Comments
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Yes that is correct. I informed JBW that I had submitted an Out of Time Application on the 29th. I also told this to the baliff when he visited. I got the Out of Time Application signed at witnessed at the local court (portsmouth) and emailed a scan the same day and alos sent it by post.
Sam.0 -
Pay attention to Herbie21 on bailiff matters. Clearly great expertese in my opinion.
I believe JBW may be operating 'out of the requirement' in several ways.
I posit that Herbie21 is fully conversant and knows much more than I about JBW and its associates..0 -
Thanks Herbie
I contacted the TEC today and they informed me they contacted Spelthorne Borough Council at the end of June. I'm having trouble getting through to the council but will keep trying and keep you advised
Thanks0 -
A further update;
Just spoke to spelthorne. They reieved the decleration on the 6th May and contacted JBW on the 21st May. The Baliff attended on the 20th May !!!0 -
Spelthorne recieved the decleration on the 6th May from the TEC and contacted JBW on the 21st May. The Baliff attended on the 20th May.
And yes end of June is when the court informed Spelthrone that it had been revoked.0 -
di.burnside wrote: »Spelthorne recieved the decleration on the 6th May from the TEC and contacted JBW on the 21st May. The Baliff attended on the 20th May.
And yes end of June is when the court informed Spelthrone that it had been revoked.
However I bow to the expertese of Herbie21 should I need to be corrected.
This sounds very much like a deliberate ploy to extract money. I would call it fraudulent.0
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