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Newlyn PLC trying to charge me £493.84 and scare me. Please help

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  • #31
    Re: Newlyn PLC trying to charge me £493.84 and scare me. Please help

    That's about right for the LA. Monzter's advice is spot on, ignore the text completely, but don't delete it just in case you need to complain. Have you got proof from the online Stat Dec? If you have, it would be a good idea to e-mail this to the LA and the bailiffs, but only communicate in writing, nothing over the phone unless it's recorded and you tell them at the start you're recording the conversation. They should have no objection to this, but probably will have!

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    • #32
      Re: Newlyn PLC trying to charge me £493.84 and scare me. Please help

      I have a copy of the stat dec saved as document, a printed one and the email it was sent to me from and back to. So should I email the actual document to Newlyns or just an email stating I have started this procedure and the email I received with the forms? Just I don't think I really want them seeing all of the information I have put on there?

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      • #33
        Re: Newlyn PLC trying to charge me £493.84 and scare me. Please help

        Just e-mail the confirmation e-mail - as long as it states receipt of the stat dec. Don't give them everything, the LA will be sent it anyway in time.

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        • #34
          Re: Newlyn PLC trying to charge me £493.84 and scare me. Please help

          You need to put Barking Mad Council on notice to provide you with the reasons for not contacting you about your appeal against the PCN and subsequent non-payment. Under the circumstances you describe, you have both lawful reason and reasonable excuse for not paying the PCN as you had submitted an appeal and were waiting for their response. That does not amount to deliberate or negligent non-compliance on your part.

          My gut-feeling is that Barking Mad Council's instructing of Newlyns may well prove to be unlawful or, even, illegal. This may well be the case if it transpires that Barking Mad Council has not followed the correct procedures to the spirit and letter of the law. If they or any legal professional acting on their behalf has mislead the court, that is serious and amounts to serious professional misconduct on the part of the legal professional, in which case, that will need to be referred to the Solicitors' Regulation Authority (SRA) for investigation and necessary action.

          I am somewhat concerned that this matter is having an adverse effect on your health in that it is causing you to lose sleep, which is not good. If you are finding it difficult to sleep, speak to your GP. If it subsequently transpires that Barking Mad Council have acted unlawfully/illegally, you will then be in a position to recover damages from them for medication you have had to be prescribed and any detriment to you health.

          Wait for the response from the court now you have submitted the forms Labman has listed in his post.
          Life is a journey on which we all travel, sometimes together, but never alone.

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          • #35
            Re: Newlyn PLC trying to charge me £493.84 and scare me. Please help

            Yep, now the Stat Dec is sorted, you can begin to tackle the council. The way I always look at things is first get the bailiffs off your back as they do your head in, then tackle the rest. top of the pile of 'the rest' is asking the council why they did not contact you re your PCN appeal.

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            • #36
              Re: Newlyn PLC trying to charge me £493.84 and scare me. Please help

              It's all very well the woman at Barking Mad Council saying you "would have received" correspondence from them, but they have to PROVE they sent it to you. If they have no record or evidence that you were, in fact, sent the necessary documentation, they have not followed the correct procedures or the applicable legislation to the letter and are liable to civil litigation and, possibly, criminal prosecution, also. However, Newlyns are doing a very good job of dropping not only themselves, but Barking Mad Council, also, in the sewage effluent with their conduct.

              DO NOT throw away any correspondence, especially threat-o-gram cards and letters from Newlyns, as these are evidence of Harassment and offences of Sending Correspondence Containing Threats under the Malicious Communications Act 1988. If they have made any threatening phone calls, save them if you have recorded them. If you have received any threatening emails, these are evidence of offences under Section 127, Communications Act 2003.

              All in all, Barking Mad Council and Newlyns are the ones who should be worrying about their actions, not you.
              Life is a journey on which we all travel, sometimes together, but never alone.

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              • #37
                Re: Newlyn PLC trying to charge me £493.84 and scare me. Please help

                i am also having issues with newlyns and i am not budging. the original figure was £136.44 - council tax, when i wa made aware of this in march the figure was at £376.00 supposed visits from newlyns, absolute tutt. i have since cleared the amount that i owed the council and am persuing these alleged visits made. dont worry too much. im sure u know the rules... dont open the door, close windows and move ur car

                goodluck

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                • #38
                  Re: Newlyn PLC trying to charge me £493.84 and scare me. Please help

                  Hi, I have not been on for a while as nothing was happening. We had a letter from the council saying they DID send out letters and would wait to hear from the transport authority on the matter. Today we received a letter from the stating the charge certificate is to be cancelled and the order for recovery of unpaid penalty charge is to be revoked. Really pleased, thank you for all your help, I cant speak highly enough of this site and the people on it.

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