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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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On August 1, 2014 I got a parking fine which I contested the

Resolved Question:

On August 1, 2014 I got a parking fine which I contested the following day by going thru the council's website. A few days later I called the council to see if a decision had been made and to tell them I was going to Saudi arabia in a few days. On August 13 I called for an update. I was told it could take a few weeks for the outcome and someone would be in touch via email to lrt me know as soon as the case had been reviewed. I called on my return to the uk on sept 19, the person couldn't find my case. I then recce an invoice from the car hire company who had charged £140 instead of£35 - the original amount of fine. I've called the council numerous times advising that they failed to notify me of their decision and instead of paying the discounted amount of £35 within 28 days, I have been charged £70 + car hire company admin charges. They also informed me that a letter notifying me of their initial findings was sent to the wrong address and which was returned to the. The council now refuse to deal with me because I have pointed out that because of their failure to notify me via email, I have paid 3 times the original amount. They have never written to me by email. Can I take them to the small claims court for reimbursement of reasonable expenses including phone calls from Saudi arabia.
Thank you.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will hyelp you with this.

Alex Watts :

I assume this was a Council parking fine?

Alex Watts :

Did you ever get a notice to owner, or was it the hire company that responded?

Customer: Yes it was Sandwell council. I did not receive notice to owner although the council claims an email was sent. They also said a letter was sent but it went to the wrong address and was returned to them.
Customer: Are you still there
Alex Watts :

Have you paid the fine?

Customer: The fine was taken by the hire company who then paid the council
Customer: Will I get an answer today?
Alex Watts :

Ok.

Alex Watts :

And did you pay the fine to the hire company?

Customer: the car hire company received the fine notice. They then took £75 plus their admin fees out of my account and paid the council. That's the first I knew the council had rejected
Alex Watts :

Ok and you want to issue a claim, right?

Alex Watts :

You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy

Alex Watts :

If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.

Alex Watts :

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

Alex Watts :

If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.

Alex Watts :

Can I clarify anything for you about this today please?

Customer: This is exactly what I was looking for. I do have a bigger issue but it is mostly to do with my last partner in Saudi - a Scotsman who I loaned money to and who has taken my money and refuses to give back my possessions from when we lived together. Are you able to advise on this issue. He is in complete denial and yet I have transactions going into his account and ite
Customer: list of items in storage that are mine
Alex Watts :

Sadly I can only help you with this matter, I don;'t know anything about family law.

Customer: Thank you Alex. Will your answer disappear when I log off - how can I make sure I don't lose your answer?
Alex Watts :

No, the format changes.

Alex Watts :

You can come back to it at any time under your account

Alex Watts :

Does that help?

Customer: I can't copy n paste yr response
Alex Watts :

No, once you rate

Alex Watts :

The format changes

Customer: Thank u Alex - you've been great. Will use service again. Bye.
Alex Watts :

Bye.

Alex Watts :

Please do remember to rate, the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

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