Information on Restitution and Template letter for claiming such.

Simple definition of restitution for a fuller explanation search for "Laws of Restitution"

res·ti·tu·tion (rĕs'tĭ-tū'shən, -tyū'-) n.
The act of restoring to the rightful owner something that has been taken away, lost, or surrendered. .
The act of making good or compensating for loss, damage, or injury; indemnification.
A return to or restoration of a previous state or position.

Restitution based on Unjust Enrichment by Bolton Council due to the fact that the Council took away money from an individual in this case motorists, this income was unlawfully derived and as such you can ask for it back, in Wednesday's paper the Council are admitting that some bays are not correct, two in fact, (Does anyone really believe that) The Council cannot hold onto unlawfully Derived income they must with all due diligence trace the person who paid the Council the sum of money demanded on an unlawful bay and offer restitution, any money left over cannot be kept it must be given to a Charity or Charities.

For example: Mrs Bloggs pays £90 for a parking ticket for not displaying a Pay & Display ticket in Le-Mans Crescent in 2005, it later transpires that the bay was found not be be lawful because it did not comply with the Traffic Signs Regulation and General Directions 2002 it was an unlawful Hybrid Bay, this was confirmed by an email from the Department for Transport run by our very own Ruth Kelly, the council admit that the bays are unlawful in a statement issued by the Director of Environmental Services Malcolm Cox, on the same day another statement was issued by the Director of Legal Services inviting motorists who have been given a Penalty Charge Notice on any unlawful Bay that they could apply for a refund.

If you don't have the Parking Ticket details then first you must ask the Council for these details, Phone Parking Services on 01204 336352 give the vehicle reg No of the car you got the ticket for or your address and they will give the ticket number ask where the location was and the day it was issued and the Contravention on which the ticket was issued.

Now write to Parking Services at The Parking Shop, Minerva House, Chorley Street, Bolton, BL1 4AL. stating this:

Dear Parking Manager.
With reference to recent newspaper reports, regarding unlawful bays, I received a Penalty Charge Notice BO 1234567 for a contravention code 06 Parked without clearly displaying a valid pay & display ticket or voucher, this was in Barn St, Bolton on 15th August 2006, that bay has since been declared unlawful, therefore under the laws of restitution I ask that you repay the £90 I paid plus the parking charge of £0.70 plus statutory interest of 8% from the date you received payment and up to the present date, this amounts to a total of £107.04 which includes interest of 8% £16.04 interest will be added at 2p per day until payment is received
Failure to pay could result in a claim being filed in the County Court
Yours Faithfully

Joan Bloggs

If you had the Bailiffs in then it is different:

Example 2: Mr Bloggs got a parking ticket for Parking on the Mayors Bay (Permit Bay) in October 2006, it transpired that the bay was later deemed to be unlawful and the Council by their actions after a call from a parking campaigner changed the bay twice in just over 5 months and apparently it is still wrong. the Council in a local newspaper article admitted the bay was wrong actually straying away from the word unlawful, but by their own actions deemed the bay to be unlawful.

Using the letter above but adding in the relevant bits send this.

Dear Parking Manager.
With reference to recent newspaper reports, regarding unlawful bays, I received a Penalty Charge Notice BO 2345678 for a contravention code 16 Parked in a permit space without displaying a valid permit, this was in Victoria Square North , Bolton on 15th October 2006, that bay has since been declared unlawful, therefore under the laws of restitution I ask that you repay the £384 I paid to the Bailiffs plus damages of £175 for anxiety and distress plus statutory interest of 8% from the date you received payment, this amounts to a total of £607.53 which includes interest of 8% £48.53. interest will be added at 13p per day until payment is received.

Failure to pay could result in a claim being filed in the County Court

Yours Faithfully

Joe Bloggs

If you had the Bailiffs in and they levied distress on your Goods and Chattels (Goods that Bailiffs can move, Car, T.V, Dishwasher. DVD, etc)

Using the letter above but adding in the relevant bits send this.

Dear Parking Manager.
With reference to recent newspaper reports, regarding unlawful bays, I received a Penalty Charge Notice BO 3456789 for a contravention code 30 Parked for longer than permitted, this was in School Street Westhoughton.on the 8th September 2003. that bay has since been declared unlawful by a spokesperson from the Department for Transport, therefore under the laws of restitution I ask that you repay the £85 I paid to the Bailiffs plus damages of £175 for Anxiety and Distress plus Compensation for the removal of my goods and Chattels (See inventory list left by the Bailiffs) amounting to £3,230 which at auction and other Bailiffs charges amounted to realising only £397 off the cost of the Penalty Charge which was £472, I also claim statutory interest of 8% from the date you received payment, this amounts to a total of £4659.66 which includes statutory interest of 8% £1169.66. interest will be added at 81p per day until payment is received.
I also reserve my right to file a claim in the County Court for Punitive Damages.
Failure to pay could result in a claim being filed in the County Court

Yours Faithfully

Mrs Janet Smith