PCN's and clamping

[Pickle]

Hi all,

Does anyone have any experience in recouping charges paid to a clamping company?

Our situation is that the clamping (and subsequent charges, which were paid) occurred due to PCN's being sent to an old address - so the first we knew about it was when the clamping occurred. At the time the fine (very large) was paid, but we've since realised that we may have had a case against the original PCN due to them being sent to the wrong address.

I understand that we could file an "out of time statutory declaration" regarding the PCN, but would we have any chance of then being refunded the clamping fees?

Any advice welcomed!

[nashoi]

I've been clamped and simultaneously issued with a PCN before. I paid up to get the clamp removed, but then appealed successfully. The clamping fee and fine were repaid to the card I had used to pay with. The advantage I had was that I was clamped by the council not by a firm of bailiffs, who did you pay your clamping fee to?

I've also had bailiffs turning up for the same reasons as you, PCNs were sent to the wrong address in the same street, they just got the number wrong. I told the bailiffs to do one (fortunately they hadn't clamped the vehicle yet) and then filed a stat dec. The two Notice to Owners were reissued and I successfully appealed them.

It's quite possible you could get your money back and at this stage what have you got to lose in trying?

[legalbeagle]

Don't take too long to appeal though, I have a feeling there's a time limit......can't think what it is though........

[HAL9000]

Pickle Wrote:

-------------------------------------------------------

> Our situation ... occurred due to PCN's

> being sent to an old address

Regarding that particular Grounds for Appeal: success will depend on who is at fault - the registered owner or the Local Authority? It is the registered owner's responsibility to notify DVLC of any change of address in a timely manner.

[huncamunca]

is its real PCN or a private company ?

[Pickle]

It was a real PCN, and the clamping company were not council based. Thanks for input so far, much appreciated.

[jimmyraj]

I had an instance just like this. Got a PCN for driving through the bus lane at the top of Rye Lane the week I moved to the area. The PCN went to my old address, as I hadn't yet got round to changing V5 address.

First I knew about it was when my other half came home to find the neighbours fending off someone trying to lift my car onto the back of a truck. Turns out these people were baliffs as they'd continued to send PCNs and then baliffs' demands to my old address - after my redirect had run out.

Had to pay them about ?550 in total to stop them taking it away - if they had have done it would have been a large amount more per day.

Tried to phone to recoup but Southwark Parking said that it had been passed onto Baliffs, and Baliffs said that it was Southwark's fault. Both said should have changed V5 quicker. Gave up in the end!

No great advice there, but it's a common situation

[Kbabe01]

This happend to me. PCN sent to old address because the DVLA had not changed it on their system. I had the new reg document with my new address but the clamping company said as the address hadnt changed on the system they were in their rights to clamp! Had to pay ober ?500! Still in disbute with the DVLA to get it back but not having much luck!

[ianr]

Kbabe1, on those facts your case sounds the kind that the late statutory declaration procedure could deal favourably with, once you've mustered as much evidence as possible concerning your notification of change of address, its date and consequences, to supplement your own sworn assertions. http://www.hmcourts-service.gov.uk/cms/1043.htm It's going to be the local authority that will make any refund.

[Kbabe01]

I did contact the local authority who informed me that they sent the PCN to the address on the DVLA system and therefore it was the DVLA at fault. Of course DVLA are taking no blame! So back to southwark i have gone! Its now in their hands again! I have heard this has happend quite alot with the dvla not maintaing their system with the correct information. Very frustrating!

[ianr]

>So back to southwark i have gone! Its now in their hands again!

Which is where it would be if referred by the court, so cross fingers. But do be prepared to go through the formal procedure if need be.