Persistent Newlyn claims - Driving me to depression

[Sjhall1974]

Dear all, forgive me if there is information here that I should have read. To be honest my head is awash with information that's either wrong, not accurate or useful but in another context.
I have been fighting CPM UK Parking Management for 6 years! and I'm now very tired. Newlyn has threatened to send their collection twats around even after I sent them a letter stating that I didn't owe anyone until I'd been to court and a magistrate had ruled in favor of CPM, I told them to quit fighting me but they are doing the usual.

My partner received a couple of PCNs from them when she lived in her old street, I even got one myself. My own and the first one of hers I got overturned using the usual stuff regarding No pre-estimate of loss to the landowner, signs incorrectly displayed, etc. However, when she gets a ticket for parking outside her own property albeit 'outside a marked bay' and with very good mitigating circumstances, the IAS decides NOT to overturn??? I've sited precedence regarding the last 2 overturns, and nothing changed it when I appealed again.

I've told PCM/CPM whatever to take us to court over it as I'm certain we would win. They instructed Debt Recovery plus, I got them to back down! Then they got Gladstone Solicitors involved. I wrote to them, gave them our forwarding address and contact number as I stated I wanted to deal with this in court fairly. They went behind our back and continued to send documentation to our old address, which we obviously didn't know about, and had a CCJ placed against my partner. Now Gladstone has got Newlyn involved to collect money I refuse to pay until I get my day in court!

I'm tired of sending letters.
I'm tired of asking for a fair trial.
They have no case and they know it.
I'm more afraid than anything else that if they send someone round and they happened to be a wind-up merchant that I might lose it and do something stupid.

Please help. I'm at the end of my tether.

regards

[ploddertom]

Something not quite right here. Amongst other things Newlyn chase Council Penalty Charge Notice (unless they are acting purely as debt collectors), whereas the others you refer to deal with Private Parking. Why not post up some suitably redacted documents you have so we can try & make some sense of it all.

[Sjhall1974]

I thank you Kindly for your swift response. I shall endeavor to get some documents posted up tmo for you.

[Sjhall1974]

So here are the latest threats from Newlyn
I will be talking to the court Tomorrow with regards to the possibility of getting the CCJ overturned. It was issued in March 2019 but because all the paperwork was sent to our previous address we didnt know about it until earlier this year.

Newlyn are dealing with this as Debt Collectors.
So they have a CCJ against us at the moment which I hope to have set aside.
I have asked for my day in court. Can I insist that I get that? Surely it is my right to a fair hearing?

[Sjhall1974]

And this is a copy of the letter that I sent to Newlyn -
I understand that the wording is too personal


Date: 26th Sept 2020

To whomever it may concern,

This will hopefully be my first and final letter in this saga although my first letter to your company. In short, please stop sending me text messages and letters attempting to extort money from me for a parking invoice that was issued 5 years ago by CPM, PCM or whatever name they are trading under now. As I explained to PCM at the time, their case has no clout in court and I’m sure would get turned over by the magistrate purely based upon mitigating circumstances.

However, even after I forwarded a letter to PCMs solicitors Gladstones, with our new address, they still continued to send mail to our old address, one they knew we’d moved from. This is a common tactic used by these and other cowboy solicitors because they know they will get no reply. This is done in order that they can apply for a CCJ, which many are successful in applying for because unfortunately at this time this practice is not illegal but I can imagine it soon will be.

This behaviour in itself only goes to prove the true nature of these companies. In a court the judge/magistrate would only see this behaviour as unfair and unjust baring in mind they had our address.

I’d like to say that this case might be one worth pursuing if I were PCM but its far from it. As already stated, the mitigating factors alone were enough to have the ticket overturned. I’ve already racked up more than 10 hours of time writing letters and making phone calls over the last 5 years over this, which I will charge at an extremely fair solicitors rate of £100/hour. Then there is the cost to turn over the CCJ that Gladstones successfully managed to get against my partner, to whom the parking invoice was given.

Add that all up and if we went to court and won, which I have total confidence would be the case then PCM would expect to be slapped with nearly £1500 in total costs plus whatever a no win no fee lawyer could get us for 5 years worth of harassment!

Am I making myself clear?

You tell PCM if they want any money they take us to court and as we speak I am putting together a case to sue them for their actions in taking out a CCJ against my partner without her knowledge even though they had our forwarding address.

I expect this to be the last time I hear from you company otherwise I shall be suing you too.

Yours faithfully

[ploddertom]

OK, having had a look at those Newlyn are indeed acting as Debt Collectors and have no powers at all to do anything but ask nicely for the money. You need to establish who actually has the CCJ against you. There are a couple of ways to do this -
1 - visit https://search.trustonline.org.uk/Search/Person - enter your details - small payment required
2 - check your Credit History with one of the free searches available - whichever you choose it should give you who, when, where & how much.

You say you initially found out about this earlier this year, if so it may already be too late to challenge it as this must be done promptly. The only Bailiff they can get to visit you is the County Court Bailiff. It may be if you have to pay then you could apply to pay in instalments over a period of time.

[Sjhall1974]

Thanks for your help in this matter. So Basically if Newlyn turn up I'll just ask them to put paperwork through the door and go away.

I have a few questions more if possible?

1) Is there a way that I can have my day in court? how do I go about arranging this?

2) Let's say I can get the set-aside, what then happens? Would I still be obliged to pay? Because I am categorically NOT paying these scumbags a penny.

3) If I can't get a set-aside there must be another means of getting a day in court? Can I sue them for question 4 and fight it out in court?

4) There must be some law against Gladstones getting a CCJ without our knowledge when they HAD our new address! This is low down, loophole s**t in any mags court surely?

Many thanks

[Sjhall1974]

By the way, I'm assuming you've seen this?

https://www.gov.uk/government/news/c...e-unfair-fines

Says it all. Surely if these new plans have been created to stop whats happened to us, then this is proof in itself that before these new plans were set in motion these companies behaviours were categorically crooked and wrong? Surely a court should rule in our favour?

[Sjhall1974]

So here is the update;
I spoke to the court this morning to see if after 20 months after the CCJ was taken out I could still get a set-aside and the court said yes as it was authorised back in Feb 2020. Because of Coronavirus and the lockdown I guess they were ok with that. They probably also thought I had a solid enough reason to get the CCJ overturned.

So I asked them about Newlyn and whether their threats by post carried any weight and basically, they said NO. Newlyn has not applied to the court to have the right to send a bailiff around and therefore can only 'ask me politely to pay the sum'. In other words, they can't do a thing except send me more toilet paper replacement.

my new N244 form has been emailed to me and all I have to do is fill it in. Then we shall see what the cowboys down the line wish to do. I have said I would like my day in court with them if that is the only route that will see an end to this but I think if that happened they probably wouldn't show up anyway.

Thanks again for your advice. I would still like to sue both Gladstones and UKCPM for harassment but lets get this out the way first.

[ploddertom]

To take things further then you are going to need who has the CCJ against you and there reasons for doing so. You are going to need the originals or copies of the ticket(s) they issued.

ostell I am sure is the person to help you through your defence.

I would forget about any claim against Gladstones or UKCPM but keep a record of anything you may spend from now on.