Paid to unclamp vehicle- help!

[sloth turtle]

Hi
Sorry I have tried to look this up myself but can't quite understand if I need to send forms or if I need to go to small claims.

In December 2019 I inadverdtly committed a traffic offence; I drove down a section of road which for one hour a day is not a through way. I actually genuinely did this in order to get my unwell toddler to a GP appointment. I received absolutely no notification of any fine.

Last week a bailiff from newlyn turned up at our house and clamped my vehicle (it was the first I had heard of this fine and I really had to rack my brain to recall this event at all). The notice issued has my old address on (I had updated my new address with DVLA and been back to the property on multiple occasions as well as arranged mail forwarding; i have not at any point received notification of the original fine). They charged us £203 debt £75 compliance fee and £235 enforcement fee (so total £513) which I paid as I needed the vehicle (I wish I had been level headed enough to research this a bit more at the time but I was in shock and very upset).

Do I need to complete forms PE2 and PE3 or do I need to do a small claims form as I have already paid?

Thank you so much for help

[zeke]

Its PE2 and PE3 and you must attach evidence of your change of address.

If you do not attach evidence of your change of address, your PE2 PE3 will not succeed, section 7 of the Interpretation Act 1978.

When your application is allowed, the council only refunds £203 of the £513 taken and say you have to contact the bailiffs to reclaim the remaining £310.

You will have to reclaim that from the council in the small claims track and you get your costs paid.

Here is how to do the PE2 PE3

https://stopthebailiffs.uk/appeal-traff ... ement.html

After completing the PE2 PE3 and filing them at court, you can do a chargeback for the money taken.

https://stopthebailiffs.uk/bailiff-char ... fraud.html

The enforcement power ceases to be exercisable and Newlyn cannot pester you. Paragraph 8.1 of Practice Direction 75.

[sloth turtle]

Thats so helpful thank you so much