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Debt Paid - Charging Enforcement Fee with Made Up Dates

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  • Debt Paid - Charging Enforcement Fee with Made Up Dates

    Hi,

    I hope someone can give me some help here. I had a PCN for driving in a buslane back in March of this year. The letter had been sent to 1 of my previous addresses (my fault entirely) and i got a message from my old landlord about the letter back in August of this year. The letter was from newlyn PLC stating that i owe £173 to the council, stating that a notice of enforcement would be sent out it it wasn't being paid.

    I was understandably skeptical about this letter and wanted to check with the council first that i did indeed owe them a PCN. So i immediately rang the number for newlyn and was put through to possibly the most vile woman i've ever had the displeasure of speaking to. I wanted to query the fine before payment and she was essentially bullying me into paying right away and said that i had an enforcement fee in place. I told her that on the letter it said that there wasn't one in place yet, so she then told me it would start the next day if i didn't pay the fine. This made me even more skeptical so i sent an email to the council the next day querying it. The council then got back to me and i found out that i did have a PCN against me. So i then paid the £173 directly to them.

    I emailed newlyn and said that i had not received any notice of enforcement via any letters and that the woman on the phone could not get her story straight about dates, this is why i qureried the PCN. They essentially responded and said that i still owe the notice of enforcement to which i have still not received other than by made up word of mouth on the phone.

    Fast forward to today and a bailiff has now turned up to my old landlords address. But i'm a bit unsure as of what to do next. From my standpoint, i feel like newlyn have essentially bullied their way into trying to make me pay an extra £235. I am refusing to pay this currently for this reason and the fact that they were essentially making up dates about my notice of enforcement, giving me no time to query the PCN and pay it. I don't mind paying a fine that i owe (hence why i payed it), but i don't want to pay people who use buillying and underhanded tactics to take money away from people.

    I don't want my old landlord to keep being harassed, but i don't want these guys turning up to my new address. I feel like even after explaining to them about my lack of enforcement notice, they will just keep coming for it regardless. Is there anything i can do?

    (EDIT: My car is on PCP finance, where it specifically states in the finance agreement that: "You will not own the vehicle until all payments are made". Can a bailiff clamp or sieze the car with just enforcement fees alone?)

    Thanks
    Last edited by Samwise89; 7th October 2019, 14:30:PM.
    Tags: None

  • #2
    It is difficult to make comment without seeing what you have actually received.

    It is rare that Newlyn wrote first. The first you normally get is the Notice of Enforcemnt which carries a charge of £75. Subtract this from the £173 said to be owing then leaves a sum of £98 which does sound a lot like the original ticket + Court Fee. You then make comment about a charge of £235 being made - this in fact the Enforcement Fee made when a visit is made following no contact or payment from the Notice of Enforcement.

    Having paid the Council direct they should have either forwarded the full payment to Newlyn or at least sent them the £75 to which they would have been entitled to. It may be of course that things have not yet caught up which is why they are now looking for more.

    This is my take on events but as said would need to see the letters etc you have received.

    Comment


    • #3
      So the £235 was added without any notice of enforcement being sent to me and also the first time they have actually turned up to my home was yesterday. I was given the "Final Notice" letter saying they would be back tomorrow (today) to collect goods. They still have the council reference number and are saying they are working on behalf of the council, even though that reference no longer exists now as its been paid.

      Comment


      • #4
        As said in my post unless you can put up - suitably redacted - the letters you have had it is difficult to make comment. You could submit a SAR to Newlyn to see what they have done.

        Comment

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