Newyln PLC - Has anyone successfully received their money back? Advice Please!

[CassDB]

Hi

I am looking for a bit of advice or even just support. The short version of my story is this:

I had a parking fine - I didn't pay it... A Bailiff clamped my car... I was made to pay £438.64... I want some of this back as its outrageous amount as the owed amount was only £52.

Long version is...
The bailiff had no paperwork on him except the amount I owed written down. (he did show me ID) I refused to do anything without knowing the breakdown of the charges and the reason for the clamping. He told me the office was closed (this was at 7am) and that he would let me know when they were open. After the opening time I still had not heard so I called him (from the number left on the car) and he said there were problems with the computers so he couldn't give me that information.

Again I refused to do anything until I had the information. Finally, he got the info and told me that £14 was for a letter that was sent to me 7 days prior (no letter ever received), £52 was the actual debt and then the rest was for the attendance of a bailiff and the clamping of the car.

I asked him why he hadn't just knocked on the door as I wouldn't have incurred those additional charges, he just told me he was doing what he was told to. I asked him to justify again those fees and he told me they were reasonable. I also argued that it was a car that although registered in my name is a work car, paid for and financed in my companies name. He said that didn't matter and that he would take it away anyway then speak to the company or finance people at a later date. Either way he was going to take the car at 10am and then I would have to pay additional fees. I offered to pay £100 then and there and then pay the rest off over the next weeks, he refused and told me "make s decision - either pay me by 10am or Ill come back and take the car".... I paid him.

The day AFTER this I received a Warrant of Execution in the post. (Form TE12) NO where on the form does it say if it is from a court, a council, the bailiff, no where!

Well... anyway, The Bailiff assured me he would send me the documents in the post, I still haven't received this today so have called them and asked for a full breakdown and the original letter sent to me. I have noticed several people stating they never receive a letter up front on the internet.

What I want to know is... can I get some of my money back? I feel that £438.64 is a ridiculous amount to pay for a £52 (all that was outstanding from parking ticket in August 2011 - which I had heard nothing more about!) Also - I feel that the council should not be using such terrible companies to collect their debts. Surely they have to follow a code of conduct with being the council they have to check out the companies they use and take complaints about them seriously?

Any info would be fab or anyone who has dealt with this company before would be helpful!!

Thanks!

[teaboy2]

Re: Newyln PLC - Has anyone successfully received their money back? Advice Please!

If its a company owned car then they levvy is invalid, and the clamping of the car was unlawful. A company is a seperate legal entity to yourself, even if your the owner. The company is not liable for your personal fines/debts, just like your not liable for company fines/debts (unless a guarantor).

Therefore what the bailiff told you when you explained the car was a company owned car ("It doesn't matter") well it does, because by saying that, he in my view, committed and act of fraud by misrepresentation under the fraud act 2006, which is a criminal offence. A strongly worded letter to Newlyns (title as a letter before action on your company letterheaded paper with a copy of proof of company ownership of the car), informing them that if the money is not refunded for the clamping of the car under and invalid levy, therefore making said clamping unlawful and the bailiffs statement of "it doesn't matter", when told it was a company car, amounted to fraud by misrepresentation under the fraud act 2006. That you will be taking legal action against them. Give them 14 days to refund the money to you minus the original fine of £52.

[NEEDINGHELP]

Re: Newyln PLC - Has anyone successfully received their money back? Advice Please!

Hi CassDB,

I have the same experiance as you with Newlyn PLC, we woke up one morning about 2 weeks ago and 10yr old son went out to put the bin out for collection only to come back into the house that out car had been clammped on our drive way with a notice stuck to the window, this was around 7am. I called the baliff and he turned up saying he was enforcing collection for a parking fine issued by my local council in 2011, I had challenged the fine back then and went to the adjudicators but unfortunately, I did see the notice upholding the fine in favour of the council. The baliff did exaclly what you mentioned in your case, did not give any breakdown of amount due payment asked for £754 (initially £825) and said I had to pay or my car will be taken away and the fine will increase if the tow truck came to pick the car. I even called the police and all they did when they attended was to say it was eitheir I paid or the baliff takes the car. So I paid under duress.

After payment I called Newlyn's Northampton office and the guy on the phone to me was rude, he said as far as they were corncerned the account was cleared and the case is closed. I have now made a SAR (subject access request ) with the statutory £10 payment asking them for all data and breakdown of cost. They sent me a receipt of payment by post with no breakdown. I can see from my bank that they have cashed the £10 chq I issued. Like you, I also have read they do not respond to any request for refund. So I am waiting for the expiry of the 40days within which they are required by law to respond to my SAR. If by then they do not respond, my intention is to registar a claim against them and my local council at the small claims court for refund of all charges and interest. I actual charge passed to Newlyn on the fine was £195 and I also did not get any letter from Newlyn before the baliff visited. So if you are willing to take them on , you can join forces with me. I am not going to let them rob me of my hard earned money to boost their profit. Please anyone HELP WITH ANY IDEAS TO NAIL THIS GUYS.!!!

[labman]

Re: Newyln PLC - Has anyone successfully received their money back? Advice Please!

http://www.legalbeagles.info/forums/...rking-Offences

This explains the costs clearly depending on what sort of ticket you got. Remember that the issuing council is vicariously liable for the conduct of their appointed enforcement officers. Any complaints should therefore be copied to the council. Often it is easier to recoup monies paid out this way than through the bailiff company. Ultimately, if their charges are unfair you have a couple of options, the quickest of which is the small claims court. A bailiff company cannot risk a CCJ.

As regards the car, if it is registered in your name, I believe the levy would be valid. This has occurred before, and I'm sure in the end it was decided they had the right to levy the car of the registered keeper, if the RK was the debtor.