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Help needed with Bailiff's
Hi,
Firstly, I would like to say thanks in advance for any help that is gratefully received.
In May 2010 my partner received a PCN from Harrow Council for making an illegal turn. I was driving the car at the time. There was a sign that stated "No U-Turn" but I did not do a U-Turn - I turned right into a private driveway, waited 40 seconds for traffic to clear and reversed out to continue my journey in the opposite direction.
I appealed this PCN to Harrow Council only to receive a template rejection letter back informing me that the Traffic Management order states that no vehicle can proceed turn to face in the opposite direction. The sign stated No "U-Turn" which from what I understand from the Highway Code is one continious turn to face the opposite direction. I done a three point turn.
I then filled in a form and appealed to the Traffic and Parking appeals service and followed a few weeks later with a phone call to them. I was informed my case was not on their system. I called back a few days later and was told the same thing (I can probably prove this from my telephone bills). I never heard anything more from the Traffic and Parking appeals service and continued with my normal life.
The next I heard about this PCN was a hand delivered note from Newlyn Bailiff's into my letterbox in mid June (ie last month). The letter stated to take formal notice that they were collecting £460.
I called Newlyn to inform them that I do not believe that the debt was due (I never made a U-Turn) and that I would be in contact with the council. Newlyn informed me that they wouldnt put my case on hold and that they would clamp and remove my vehicle. I informed them that there was no vehicle to clamp (the vehicle I was driving at the time of the PCN is now off the road with a SORN declaration and off site somewhere else). We do have another vehicle, but it is rarely at this address as my partner and children are not living at this address as we are in the process of having an extension to the house.
I wrote to Harrow council once again asking them to review their video evidence (I was seen by one of these camera cars) and that I did not do a U-Turn, but once again I received back a template letter informing me that Newlyn are dealing with it now, and a copy of the original notice of rejection.
Today, I received another letter through the door informing me that Newlyn's removal unit is in the area and that they will be looking to seize and distrain my car and household possessions and also a copy of the warrant of execution (I have attached that below, redacting sensitive information).
I contacted the Traffic Enforcement Centre at Northampton Court where I have been advised to make an out of time statutory declaration.
I then received a text message on my mobile from the bailiff stating that they are due to attend and to contact him urgently.
I contacted the bailiff and informed him that I didnt believe the sum was due to me not performing a U-Turn. He informed me that I could pay the amount due as this would stop additional costs being added and that I would be able to appeal later. I asked him what his powers were. Was he able to force entry?. He informed me that he could get a locksmith out to gain entry to the property. He then asked me what the beeping sound on the phone was. I informed him I was recording the call. He said he was terminating the call and that he would be out to my property this evening and promptly hung up. I have not received a visit from the bailiff this evening.
My questions are...
What powers will this Bailiff have ? Can they force entry ? Can they use a Locksmith ?
What happens if I do not let them in ? What can they do next ?
I spoke to someone earlier that thought the Warrant of Execution might be fake (ie egenerated by Newlyn themselves), I do not know myself - so have posted a copy of it below.
What costs can a Bailiff legally charge ? I have so far received 2 letters through the post and 3 phone calls. I am being charged £450 over the £180 debt... This seems a bit excessive. When on the phone to Newlyn's office this afternoon I asked them from a detailed statement of their charges. This is the second time I have asked for this, hopefully I will receive this one.
What should I do next ? I have been out of work for the past year and cannot afford to pay this. My Partner is working, but her wages are barely keeping our heads above the water. All work on the house has ground to a halt.
Many Thanks for your help in advance.
James
http://i1105.photobucket.com/albums/...tRedaction.jpg
------------------------------- merged -------------------------------
Also, from reading other posts. As this is the 2nd time I have received a letter from Newlyn, I have never recieved any details of there charges.... should I have ?
Firstly, I would like to say thanks in advance for any help that is gratefully received.
In May 2010 my partner received a PCN from Harrow Council for making an illegal turn. I was driving the car at the time. There was a sign that stated "No U-Turn" but I did not do a U-Turn - I turned right into a private driveway, waited 40 seconds for traffic to clear and reversed out to continue my journey in the opposite direction.
I appealed this PCN to Harrow Council only to receive a template rejection letter back informing me that the Traffic Management order states that no vehicle can proceed turn to face in the opposite direction. The sign stated No "U-Turn" which from what I understand from the Highway Code is one continious turn to face the opposite direction. I done a three point turn.
I then filled in a form and appealed to the Traffic and Parking appeals service and followed a few weeks later with a phone call to them. I was informed my case was not on their system. I called back a few days later and was told the same thing (I can probably prove this from my telephone bills). I never heard anything more from the Traffic and Parking appeals service and continued with my normal life.
The next I heard about this PCN was a hand delivered note from Newlyn Bailiff's into my letterbox in mid June (ie last month). The letter stated to take formal notice that they were collecting £460.
I called Newlyn to inform them that I do not believe that the debt was due (I never made a U-Turn) and that I would be in contact with the council. Newlyn informed me that they wouldnt put my case on hold and that they would clamp and remove my vehicle. I informed them that there was no vehicle to clamp (the vehicle I was driving at the time of the PCN is now off the road with a SORN declaration and off site somewhere else). We do have another vehicle, but it is rarely at this address as my partner and children are not living at this address as we are in the process of having an extension to the house.
I wrote to Harrow council once again asking them to review their video evidence (I was seen by one of these camera cars) and that I did not do a U-Turn, but once again I received back a template letter informing me that Newlyn are dealing with it now, and a copy of the original notice of rejection.
Today, I received another letter through the door informing me that Newlyn's removal unit is in the area and that they will be looking to seize and distrain my car and household possessions and also a copy of the warrant of execution (I have attached that below, redacting sensitive information).
I contacted the Traffic Enforcement Centre at Northampton Court where I have been advised to make an out of time statutory declaration.
I then received a text message on my mobile from the bailiff stating that they are due to attend and to contact him urgently.
I contacted the bailiff and informed him that I didnt believe the sum was due to me not performing a U-Turn. He informed me that I could pay the amount due as this would stop additional costs being added and that I would be able to appeal later. I asked him what his powers were. Was he able to force entry?. He informed me that he could get a locksmith out to gain entry to the property. He then asked me what the beeping sound on the phone was. I informed him I was recording the call. He said he was terminating the call and that he would be out to my property this evening and promptly hung up. I have not received a visit from the bailiff this evening.
My questions are...
What powers will this Bailiff have ? Can they force entry ? Can they use a Locksmith ?
What happens if I do not let them in ? What can they do next ?
I spoke to someone earlier that thought the Warrant of Execution might be fake (ie egenerated by Newlyn themselves), I do not know myself - so have posted a copy of it below.
What costs can a Bailiff legally charge ? I have so far received 2 letters through the post and 3 phone calls. I am being charged £450 over the £180 debt... This seems a bit excessive. When on the phone to Newlyn's office this afternoon I asked them from a detailed statement of their charges. This is the second time I have asked for this, hopefully I will receive this one.
What should I do next ? I have been out of work for the past year and cannot afford to pay this. My Partner is working, but her wages are barely keeping our heads above the water. All work on the house has ground to a halt.
Many Thanks for your help in advance.
James
http://i1105.photobucket.com/albums/...tRedaction.jpg
------------------------------- merged -------------------------------
Also, from reading other posts. As this is the 2nd time I have received a letter from Newlyn, I have never recieved any details of there charges.... should I have ?
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