Help with Barking and Dagenham council and JBW baliffs

[Hazedunks]

I had my car clamped today which is on PCP finance by JBW baliffs with regard to a ticket received in January 2019. The only problem is I appealed the original ticket which was for a bus lane contravention and I did not hear anything back from the council. I also emailed the council despite not hearing back from them and did not recieve any response.

I assumed the matter was closed until today. When JBW clamped my car they informed me that barking and dagenham had been sending all correspondence regarding my ticket to number 63 whereas I live at 69 hence none of the original correspondence had been received myself. I had to pay the £513 to release the clamp as I needed the car for work I was just wondering if i can claim the money back as the scenario was not my fault.

Thanks for any help.

[jaguarsuk]

I had my car clamped today which is on PCP finance by JBW baliffs with regard to a ticket received in January 2019. The only problem is I appealed the original ticket which was for a bus lane contravention and I did not hear anything back from the council. I also emailed the council despite not hearing back from them and did not recieve any response.

I assumed the matter was closed until today. When JBW clamped my car they informed me that barking and dagenham had been sending all correspondence regarding my ticket to number 63 whereas I live at 69 hence none of the original correspondence had been received myself. I had to pay the £513 to release the clamp as I needed the car for work I was just wondering if i can claim the money back as the scenario was not my fault.

Thanks for any help.

Okay, so you need to check with the county court to see if you have a CCJ against you, which you should have given bailiffs have visited you.,

The payment should be held by the bailiffs for 14 days, which means you have 14 days to make an application to set the judgement aside pursuant to CPR 13.2 & 13.3 in that you had no opportunity to defend the claim due deficient service of the claim form.

Once you have established the CCJ you should seek the consent of the claimant (the council) giving them seven days to agree or refuse, but if they refuse or ignore you then you will have to make an application without consent.

While seeking the consent it might be a good idea to establish whether you have a real prospect of defeating the claim by reviewing everything you sent to the council with ostell who is much more versed in tickets than I.

I can help procedural, but it's not my area with regards to the substance of any defence.

[ostell]

Sorry, COuncil tickets are outside my knowledge.

[michael]

Okay, so you need to check with the county court to see if you have a CCJ against you, which you should have given bailiffs have visited you.,

This is bus lane ticket, there's no court involved and there won't be a CCJ.

Hazeldunks:

You should register on Pepipoo:
http://forums.pepipoo.com/index.php?act=idx

They are the experts on council pcn's

[des8]

Certainly ask Pepipoo for assistance.

In cases like this i believe you have to appeal to the county court.

Also shouldn't JBW have written, and ensured they had written to correct address, before making a visit?
A complaint to them might not be amiss, altho' probably not achieve anything!

[ploddertom]

Firstly you need to establish what address was on the V5 at the time & date of the offence.

[Fizzy888]

yes you can get your money back if you can prove it i.e record of postage and/or phone calls. You have to appeal to court (doesn’t cost) and your case will normally be delt with in 6-8 weeks approx. The PCN stays and it will bring you back to appeal stage to council. Possibly £130 full charge of PCN unless ofcourse if your appeal is successful.