new to site! newlyns plc

[freakme998]

:beagle:Right where do i start!

I woke up two weeks ago on a tuesday morning to find my car clamped by a chain by newlyns plc.It was done in the night. I was shocked as I have had noooo corrospondance what so ever.

No calls, No letters no visits.The fine is a PCN from Islington Council and was for £185.00 but with the newlyn charges they are charging £744.25! for a visit I can prove never took place as I was home and I have the work rota to prove I was off on the date they gave me when the so called visit took place.

My mother is unemployed due to disability and she is in 24/7 and also confirms no one came!

I was concerned I have no paperwork and they want this money...so i called the office.they said its nothing to do with them and to call the bailiff direct..guess what he said he sent it, i still have no paperwork and no breakdown.and then he said he will give it personally, guess what no paperwork still..so what do i do now?

[Caspar]

Re: new to site! newlyns plc

Newlyn are bar stewards! I'm sure legally bailiffs have to leave you paperwork every time they visit, but in reality they don't. Islington Council are lying when they say it's nothing to do with them. I use Common Law defense for this and never pay FPN's, but you do need background knowledge.

Can you post the FPN for us to see - often mistakes are made which deem them unenforceable?

[freakme998]

Re: new to site! newlyns plc

hi, thanks for ur reply, I meant that newlyn office say that the none evidence is nothing to do with them...

I have the call the bailiff directly from now on not the office.They cant issue me paperwork apparently?

I called the bailiff again and his excuse was that he was in north london so he could no way post them to me.

When i asked him for his bailiff certifications( which I already know from vetting him) he didnt want to tell me, he said my issue with legalities is from the office?? they say its all to do with him!

he now says that he doesnt know the other men charging me as he didnt put on the clamp and make the " visits"so now its like there is a team...i revealed i knew the answers about his bailiff credentials..he wasn't best pleased.

I e-mailed islington& newlyns and phoned the court that issued him the permit! but alas, they didnt answer the call and i await a response from the e-mails.

[Caspar]

Re: new to site! newlyns plc

If you can afford the original fine and don't want the hassle of the Common Law route, I'd be inclined to pay it DIRECT TO ISLINGTON COUNCIL. Make sure you get a receipt stating exactly what it is for including the number of the PCN. The bailiffs make their money by behaving as they are doing, it gives them an excuse to keep adding on fees. Pay the original fine, get the receipt, then ask Islington Council to get the clamp removed (make sure they've accepted your money and issued receipt first). The council issued the tickket so they cannot refuse to take payment for it.

Ignore Newlyn's from that point on, they will threaten all sorts but will eventually give up.

Still post a copy of the ticket (removing personal details such as number plate) so we can scrutinise it to make sure it stands up!

[freakme998]

Re: new to site! newlyns plc

so the clamp will def get removed if i pay the £185?will newlyns take it off?what happens to the baliffs?
------------------------------- merged -------------------------------
oh and will they get violent?

[Caspar]

Re: new to site! newlyns plc

so the clamp will def get removed if i pay the £185?will newlyns take it off?what happens to the baliffs?
------------------------------- merged -------------------------------
oh and will they get violent?

Wait till slightly later to get others views on this, but if the debt to the council is paid and you have proof of this, then Newlyn's no longer have any reason to clamp your car. They won't get violent, but under no circumstances let them into your house - literally not even a toe through the doorway as this gives them the right to break in in future should they feel they still have a case.

The PCN was DEFINITELY issued by Islington Council wasn't it? It's not one of those that is made to look like a genuine PCN is it?

Is there any way you can post a copy of it? It would be very useful!

[freakme998]

Re: new to site! newlyns plc

i cnt find the ticket

[Caspar]

Re: new to site! newlyns plc

OK - do you remember where you were parked when you received the PCN? Was it on council land or private land?

Also how long ago was it? Have you been avoiding paying it for some time or has it only recently been issued. The more you tell us,, the more we can help!

[freakme998]

Re: new to site! newlyns plc

yes its an old fine from feburary. I was parked in farringdon and partly on a yellow line that was not even blocking a driveway which i did contest actually.i assume its a council land and yh def islington

[Caspar]

Re: new to site! newlyns plc

This from a site where someone had got two parking tickets.

http://www.pepipoo.com/ It may be a better way forward for you than this site as they specialise in Road Traffic Offences.

"The law prescribing bailiffs fees for unpaid parking tickets is Schedule 1 of the Enforcement of Road Traffic Debts (Certificated Bailiffs)(Amended 2003) Regulations 1993. It provides £11.20 for sending a letter and 28% on the debt. The maximum a bailiffs fees are £109.20 (£11.20 x 2 and 28% on £155 x 2 PTNs). The law only allows reasonable costs for transporting goods and storing goods subject to levy but as the goods moved by the bailiff do not belong to you, in this case no fee applies. The £109.20 plus the 2 x £155 was all you owed.

The bailiff has committed an offence contrary to Section 2 of the Fraud Act 2006. It is called fraud by false representation because he tried to charge you £800 fees (and later by asking for £1400.) Keep the bailiffs document & make lots of copies showing those fees, they are crucial evidence confirming fraud has taken place. You can ask Police to investigate the crime. Always ask for a crime number.

You have a right to make an official complaint against the bailiff in charge. Phone the Ministry of Justice Public Register of Bailiffs on 020 3334 6355 and ask which court issued his certificate, then download the complaint form http://www.hmcourts-service.gov.uk/c...form4_0606.pdf and send the form to the certificating court enclosing supporting evidence such as the bailiffs document showing the unlawful fees and any amounts paid."


Hope you get a result, and if you think we can help more on here don't hesitate to post. Not trying to avoid advising you, just may be better going to "experts."

One final thing - remember that the council under law are responsible for ALL charges, so if they're committing fraud I would guess they'd be pretty quick to remove your clamp if you can settle the original debt (maybe with some sensible interest / fees for delayed payment). Make sure they know you know your rights and what you're talking about!

Good luck!

[freakme998]

Re: new to site! newlyns plc

:beagle:so....according to what you have just sent me i owe all in all £346. thats my pcn +28%+the £109.20?....i havent seen paperwork yet that he was suppose to drop tonight surprise surprise...he knows i'm seekin advice thats why and there is nothing legal that will permit his £744.25, thats why i think he hasnt done it. i think he just wanted me scared and i'll pay, but i cant afford that so I will ay what i owe and thats it...£346.00. Can i be a bother and ask for the direct link for where you quoted as there are loooaaddddsss of cases and i cnt find the one u quoted from.:tinysmile_hmm_t2:

[Caspar]

Re: new to site! newlyns plc

There you go, hope it helps!

http://forums.pepipoo.com/lofiversio...hp/t52023.html

Remember it's the council you owe money to, not the bailiffs!

[freakme998]

Re: new to site! newlyns plc

good morning!
mr.wright( baliff) came round with his withered i.d and shoved the paperwork through the post. he has changed the date of the so called first visit to thr 6th of October although he originally said that the visit was on the 7th but i think because i said i could prove i was at home he has changed the date to now the 6th..but again it doesnt matter because my mum was at home still, as she is registered disabled. He has also ( in pen) inked a break down on the sheet that he has put a back dated date in claiming I got this on the 12th? when I only recieved it this morning 23.20.10...? and he has put charges for a tow truck, when my car is outside even now, costing £90.00. £73 for levy and nothing has been taken £57 for the first visit the legal £11.20 for the letter , but i did not recieve that £20 for a finance check £120 for the clamp n demobilise in my case the chain. £105 for attendence fee. it got the £185 for the court n initial fine on it, balif fees come to £559.55 in vat,total outstanding making it £744.55..

[Amy]

Re: new to site! newlyns plc

When i asked him for his bailiff certifications( which I already know from vetting him) he didnt want to tell me, he said my issue with legalities is from the office?? they say its all to do with him!

Is he certificated or not?

Have you asked to see the warrant? The certificated bailiff must have the warrant in his personal possession when he visits a person or premises with a view to enforcing it and he must produce it on demand to anyone who has reasonable grounds to see it.

I really think you need to make a formal request for your information. You can find one here, just edit to suit Bailiff - SAR - Legal Beagles Consumer Forum and do not forget to enclose the statutory maximum fee of £10.

How much was the original fine from the council? I am guessing £120, is this correct?

[freakme998]

Re: new to site! newlyns plc

£185 was the original debt to the council. they are certified (newlyns) and so is he i checked him out as an individual