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Hello everyone. I have had one of Newlyn's agents come around on the 5th of April 2016, at around 7 A.M.. My wife woke up to the lovely chimes of a fist being rammed against our front door. She comes back to the bedroom, informing me that a man with a big beard was outside. She also confesses that she is afraid he might be a terrorist...Really!? They have run out of bombs and are now trying to break doors down and kill us with their bare hands? Honestly...After banging on the door for a while, he put a paper through the door, then went waiting in his van for about an hour or so. I read the paper and I reassure her that she will be fine, as the man clearly had a polish sounding name. Needles to say, my wife was in a state of alert, despite my calmness and reassurances that nothing will happen and that he will soon go away. Which he did. So, at about 8.40, as I go to the car with the 2 young kids, in order to accompany them to school, I discover a great big yellow clamp adorning one of the front wheels. Undeterred, I tell the kids to go back inside, while I pick up my cordless angle grinder and proceed to free our transportation. There was nothing on the car to suggest that it had been placed there by anyone but a prankster. 5 min later we were on our way to school. I came back home and parked the car exactly in the same place, not thinking any more of it. While parking, I notice in the bushes a fresh looking paper that read 'Warning of immobilization'...hmmm. I take the note so I can study it inside the house and go back in. Although it had a detachable back that would expose the adhesive, allowing it to be glued to a surface, the paper had the backing intact.
The reason why I was not too concerned was that a similar thing had happened a couple of years back, when I had an unpaid ticket. A letter was sent, informing me that a week later a bailiff will come to remove the car, so as a preemptive action, I changed the registration papers in my wife's name. When he arrived and threatened to remove the car, my wife simply informed him that it was her car, not mine. Although confused, being a nice enough man, he left the car alone and we never heard from him again. The lesson I was to learn today was not to rest on laurels, or to think that 2 bailiffs are the same. Also, that I should have read the last letter from the baillifs a bit more carefully, before trowing it away.
Upon returning from the school run, I take the car reg with my wife's details and sent it of to the DVLA., thinking that the Newlyn man will not return again for a few days. But an hour or so later, my wife tells me that a van is blocking our car and that the bearded man has returned. I tell her that he is just bluffing, trying to intimidate us and that if we stay calm and collected, he will soon go away again. My logic was thus, due to seeing quite a few car's on the streets being clamped for days, while negotiating with the bailiffs for a release fee. Also, I was pretty sure he won't be able to take the car away, as it was parked between our neighbors car and the side of the house. The only access to the car was to the rear. I begun looking online for advice on what to do and a couple of hours went by. Next thing I know, my wife comes running in telling me that the car is being towed away. No way, I say! They can't lift it onto the truck, they need side access. Or do they? When I go outside, the car was gone and so was the Newlyn man. All I could see where the car had been were 2 deep grooves left in the gravel. Apparently, the Newlyn man had persuaded the removal truck man to lift the back wheels and drag the car away on it's front wheels. I can't be 100% sure, but I usually leave the car in first gear when parked. Surely that can't be good for the transmission.
Now, all I could do was to call the Newlyn man on the number he left. I ask him why he had towed away my wife's car. He answers asking why I had cut the chains to the clamp(which I did not answer to). I insist that he tells me why he removed a car that was not mine and he replies that it was due to a penalty charge that I had not paid last year and that as far as he was concerned the car was in my name. I tell him that the car belongs to my wife, therefore he can't take it, but he remains adamant that I should produce DVLA papers and insurance to prove it was her's. Ofc, with the papers in the post, I could not show him it was in her name and his early return didn't allow me enough time to stall while they arrived.
While searching the internet I discovered a temporary solution to the problem, while I am hoping to get some pro advice from other people that have gone this way before. I have sent the out of time declaration to TEC via email and I was told that the Council and Newlyn will be emailed right away and that the case will be put on hold.
In a few days time the car reg papers will have arrived and it will be in my wife's name. Her birthday had been on the 4th, while the bailiff turned up to clamp on the 5th. She was given the car as a birthday present the day before, so by rights it belongs to her. What would you advise me? Wait for the adjudicator and see if the case will be reverted to PCN stage and pay the penalty and if that fails, go with the 'you have taken my wife's car' route? My opinion is that the bailiff man has made a few mistakes on the forms he left me and that I might be able to prove that he did not follow correct procedure:
1. While looking at the paper he left me, I noticed that the title says 'Notice after entry or taking control of goods(on a highway) and inventory of goods taken into control'. My car was parked in a private car park next to our house. A highway=a public road. Hence it is the wrong from to fill
2. The second thing that seems wrong is that he stated that he entered the vehicle ON A HIGHWAY(again) with the intention of taking control of goods. The car was locked and the alarm was never triggered, so I assume he did not force entry. Again, false statement
3. Both location of vehicle and location on highway are left blank.
4. I checked online and could not find the name of the agent as being registered with anyone. I emailed Newlyn asking them to send my a copy of his ID/badge/credentials/registration.
5. After removing the car, no papers were left to suggest where the car had been taken and how it could be recovered.
The car itself is not worth more than around 1200 or so, despite my wife insisting that it does :-). The total sum outstanding is now: 202+75(compliance stage fee)+235(enforcement stage fee)+110(removal fee?)=£622. If it was me, I would say 'good riddance'. But it is now my wife's car and she really wants it back. I have tried attaching scans of the papers I was given, but for some reason they will not load. I would appreciate any advice and kind comments that anyone would like to make. Thank you, Michael
The reason why I was not too concerned was that a similar thing had happened a couple of years back, when I had an unpaid ticket. A letter was sent, informing me that a week later a bailiff will come to remove the car, so as a preemptive action, I changed the registration papers in my wife's name. When he arrived and threatened to remove the car, my wife simply informed him that it was her car, not mine. Although confused, being a nice enough man, he left the car alone and we never heard from him again. The lesson I was to learn today was not to rest on laurels, or to think that 2 bailiffs are the same. Also, that I should have read the last letter from the baillifs a bit more carefully, before trowing it away.
Upon returning from the school run, I take the car reg with my wife's details and sent it of to the DVLA., thinking that the Newlyn man will not return again for a few days. But an hour or so later, my wife tells me that a van is blocking our car and that the bearded man has returned. I tell her that he is just bluffing, trying to intimidate us and that if we stay calm and collected, he will soon go away again. My logic was thus, due to seeing quite a few car's on the streets being clamped for days, while negotiating with the bailiffs for a release fee. Also, I was pretty sure he won't be able to take the car away, as it was parked between our neighbors car and the side of the house. The only access to the car was to the rear. I begun looking online for advice on what to do and a couple of hours went by. Next thing I know, my wife comes running in telling me that the car is being towed away. No way, I say! They can't lift it onto the truck, they need side access. Or do they? When I go outside, the car was gone and so was the Newlyn man. All I could see where the car had been were 2 deep grooves left in the gravel. Apparently, the Newlyn man had persuaded the removal truck man to lift the back wheels and drag the car away on it's front wheels. I can't be 100% sure, but I usually leave the car in first gear when parked. Surely that can't be good for the transmission.
Now, all I could do was to call the Newlyn man on the number he left. I ask him why he had towed away my wife's car. He answers asking why I had cut the chains to the clamp(which I did not answer to). I insist that he tells me why he removed a car that was not mine and he replies that it was due to a penalty charge that I had not paid last year and that as far as he was concerned the car was in my name. I tell him that the car belongs to my wife, therefore he can't take it, but he remains adamant that I should produce DVLA papers and insurance to prove it was her's. Ofc, with the papers in the post, I could not show him it was in her name and his early return didn't allow me enough time to stall while they arrived.
While searching the internet I discovered a temporary solution to the problem, while I am hoping to get some pro advice from other people that have gone this way before. I have sent the out of time declaration to TEC via email and I was told that the Council and Newlyn will be emailed right away and that the case will be put on hold.
In a few days time the car reg papers will have arrived and it will be in my wife's name. Her birthday had been on the 4th, while the bailiff turned up to clamp on the 5th. She was given the car as a birthday present the day before, so by rights it belongs to her. What would you advise me? Wait for the adjudicator and see if the case will be reverted to PCN stage and pay the penalty and if that fails, go with the 'you have taken my wife's car' route? My opinion is that the bailiff man has made a few mistakes on the forms he left me and that I might be able to prove that he did not follow correct procedure:
1. While looking at the paper he left me, I noticed that the title says 'Notice after entry or taking control of goods(on a highway) and inventory of goods taken into control'. My car was parked in a private car park next to our house. A highway=a public road. Hence it is the wrong from to fill
2. The second thing that seems wrong is that he stated that he entered the vehicle ON A HIGHWAY(again) with the intention of taking control of goods. The car was locked and the alarm was never triggered, so I assume he did not force entry. Again, false statement
3. Both location of vehicle and location on highway are left blank.
4. I checked online and could not find the name of the agent as being registered with anyone. I emailed Newlyn asking them to send my a copy of his ID/badge/credentials/registration.
5. After removing the car, no papers were left to suggest where the car had been taken and how it could be recovered.
The car itself is not worth more than around 1200 or so, despite my wife insisting that it does :-). The total sum outstanding is now: 202+75(compliance stage fee)+235(enforcement stage fee)+110(removal fee?)=£622. If it was me, I would say 'good riddance'. But it is now my wife's car and she really wants it back. I have tried attaching scans of the papers I was given, but for some reason they will not load. I would appreciate any advice and kind comments that anyone would like to make. Thank you, Michael
xx
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