Please help needed with JBW

[Bigpapa747]

Hi and Good morning...I will just like advise on this issue please...
On the 4th of April, I made 2 crossings at dartford toll.. i put my hands up that I forgot to pay into my dartcharge account until the 6th....and on the 7th i noticed money for 1 crossing was deducted and it the other although there was money for both crossings to be deducted...
I called dartcharge and explained and the lady just said to wait for a letter that never came keeping in mind on this specific day I put in a complaint about the issue..
Next thing I got was a bailiff letter from jbw stating that we owe money to dart charge..I immediately called dartcharge and explained the situation to them...i was advised to fill in a te9 and a te7 immediately and send this off to the court which I did same day by email to tec.i was advised enforcement will stop immediately as soon as that was done...
I filled the above on the 22nd @ 2pm and I was told action should seize immediately.
I even forwarded the confirmation email to the bailiffs on the 22nd as well..to my surprise on the 23rd they cam to clamp the car at about 6 30 am I advised that claim has been put on hold as te9 and 7 were filled the day before...
They insisted it's not their problem and they haven't received anything...
Although TEC confirmed that the order to put enforcement in hold was issued on the 22nd.
Is there anything I can do please
I have had to pay to have the clamp removed as I have 2 small kids
Is there anything I can do

[zeke]

You can reclaim the money taken to remove the clamp, and if the car is on hire purchase, then you can also claim the losses and damages arising from the deprivation of the use of your car.

If you kept a copy of the TE9 and TE7 and the time they were emailed to the TEC, then go to your sent-box in your email client program and get a screenshot of the sent email. That proves the enforcement power was suspended, and you can sue for samages for taking an enforcement step (clamping a car) after that time.

The law breached is Paragraph 6(3)(c) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007, and the claim it brought under paragraph 66 of Schedule 12.

The law that suspends the enforcement power is paragraph 8.1 of Practice Direction 75 of the CPR's

When you bring the action, you name TFL as the first defendant, the bailiff company as the 2nd defendant, and the bailiff that clamped the car, as the 3rd defendant.

I reiterate, you must exhibit a chreenshot of the sent email showing the time it was sent with the attached TE9 and TE7, otherwise your claim will fail.

[Bigpapa747]

I have a copy of the TE9 and TE7 clear as day.....
You sound very knowledgeable on this...thank you so much.....
When he came 6.20 am on the morning of the 23rd I advised a te9 and 7 has been filled on the 22nd at 13.17 PM I also did advise the vehicle been of finance he said none of that matters...

Please can you put a sample letter for me ..I don't mind paying you sir ..I just want to fight back...

My intention is to send the letter via email to all parties to make things right within 7 days or continue with a claim at the county court...

Just wanted to ask if that is still within the law..

[Bigpapa747]

Also, please am I to use money claim or high court...also from your response does dartcharge fall under tfl?