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Jamie-Law
Jamie-Law, Solicitor
Category: Traffic Law
Satisfied Customers: 18585
Experience:  Solicitor
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My van was badly parked prior to the family going away to

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My van was badly parked prior to the family going away to Spain.
It got fined, towed, and (still to this day) put in storage at the pound, whilst we were abroad.
After quarantining, I have explained the situation with the car pound and never refused to pay the fine and towing fee, but objected to the £40 daily storage charge, bc I could not do anything whilst abroad.
I was directed to the borough's parking department, and supplied as requested details of my flights, boarding passes etc.
They came back to me, stating I was in the UK (!!!) at the time the vehicle was towed & pounded, and I should pay the full amount then appeal.
I got back to them, supplied a screenshot & picture of the family abroad the day it all happened.
Since then (25th Sept), nothing.
I made a complaint direct with the borough by mail (2 Oct), no reply either.Please Help, as I'm very annoyed at the way my case has been handled.
Can you help?Many thanks.

Hello, my name is ***** ***** I will help you. I am just reviewing your question. Hopefully, we can get this resolved quickly.

You should pay, just to get it back, but under protest and with a credit card.

Then you can sue for it back.

You can also claim against the card provider as they are jointly liable under S.75 of the Consumer Credit Act 1974.

You need to write a letter, set out your losses and request a refund within 30 days or say you will go to Court. This is called a pre-action protocol letter of claim. You should make sure you send this signed delivery and keep a copy. You must give 30 days warning before going to Court.

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 https://www.gov.uk/government/publications/form-n1-claim-form-cpr-part-7 and take it to your local County Court.

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.

If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value, you would need representation for trial.

Can I clarify anything for you about this today, please?

If you need anything further I am available for a follow up at no extra cost.

Customer: replied 3 days ago.
Thanks for this. It doesn't seem as straightforward as this though.
Surely, the local authority will claim that the storage fee is justifiable no?
Also, how will the credit card company be liable?My vehicle has a value of £500.
The fine so far is nearing £3000.
What happens if I surrender my vehicle, what will need to be paid?
What is the process?
(From next year, I will not be able to drive this vehicle because it will not comply with new low emissions regulations, hence why I contemplate surrendering it)
Thanks

In theory, if you do not pay they can dispose of the vehicle and come after you for the fine to date.

Does that clarify?

Customer: replied 3 days ago.
Can I not pay the fine, the towing fee, surrender the vehicle, and dispute the storage fee, without having to pay the full amount?
Customer: replied 3 days ago.
Ultimately I want the local authority to rightly cancel the storage charge...

Unlikely. If you dispute the fine you can appeal it.

You can try by all means.

Does that clarify?

Customer: replied 3 days ago.
39;Unlikely. If you dispute the fine you can appeal it'You meant pay, not dispute, correct?

Sorry I mean you are unlikely to get fine overturned.

Storage I think you have an argument with, but not the original fine

Does that assist?

Customer: replied 3 days ago.
The fine and towing fee, I have never disputed, and always intend to pay that.
The storage, @ £40 per day since 13th August IS my issue...
I have not got the funds to pay the £3000 now.
You originally mentioned paying the whole amount by credit card, then dispute, and reclaim the storage amount from the local authority, and if unsuccessful sue both local authority & credit card company?
Will that stand???
Customer: replied 3 days ago.
Sorry about the back and forth messaging, but I want to be 100% clear about my next course of action.
Thanks

Yes, you could pay by credit card then dispute with the card co and then sue both the Council and card co for the money back

Does that assist?

Customer: replied 3 days ago.
On what basis???
1- I authorised the credit card co to pay
2- The council will claim that the storage amount is due????

You dispute it on the grounds that they are being unreasonable and they are penalising you.

Does that clarify?

Jamie-Law and 2 other Traffic Law Specialists are ready to help you
Customer: replied 3 days ago.
Thank you once again Jamie.
5*

My pleasure