Newlyn PLC-Claiming back excessive charges of PCN fine

[NEEDINGHELP]

Hello Labman,

I read your reply to my post and earlier one by CassDB on the 16th of June (Re: Newyln PLC - Has anyone successfully received their money back? Advice Please!) and I wonder if you are able to give any advices on my situation.

As my post read, I was forced to pay £754 to Baliff from Newlyn Plc enforcing a PCN issued by my Local authority. Initially when this PCN was issued I challenged it but unfortunately judgement was awarded in favour of the council. As the car is registered in my wife's name all correspondece was addressed to her, for one reason or the other she managed not to have opened any of letters from the council and the judgement from the court ( Seen the letters now after going through our pile of unopened posts).
Now the main areas where I need advise from are following

I've looked very well and cannot see any notice from the baliff demanding payment or intention to visit. The baliff attended our address and clamped the car without notifying us of the debt and determine my williness to pay on the spot without clammping the car. I was forced and threatened to make payment of £754.
The baliff gave no break down of the costs. Now I have put in an SAR, but I only got a receipt of payment from Newlyn. As I did not get any notice of actual fine from the baliff, I today called the council to complain about Newlyn Plc and request that the council let me know how much was passed to Newlyn for collection. I was told it was £195 PCN fine + £7 court fees upon which I requested that this be sent to me in writing and the council declined and say they cannot handle any complaint regarding NEWLYN. I was advised to file an out of time stautory declaration with the TEC, but looking at the form provided nothing in there fall in my catergory and do not wish to make any false declaration.

If after 40days Newlyn does not respond to my SAR, which looks very likely from reports online,
1) Is it worth writing an offical complaint to the council? if yes, are you aware of any sample letter I can use?
2) When entrying a claim against them in the small claims court, will it be right to include the council?
3) What is the resonable cost they are entitled to considering the initial fine was £202 (£197 + £7)?

ThanK you

[labman]

Re: Newlyn PLC-Claiming back excessive charges of PCN fine

My initial approach would be to go to the Bailiff section and send Letter One from the 'Useful Letters' section. This will give you a breakdown of fees from the bailiffs for nothing - they are obliged by law to comply with this request.

I would then send this to the Head of Revenues at the local council asking if he condones the charges of the council's appointed enforcement agents. 9 times out of 10 they say they do.

This is great, as you then have the council, who as you hint at are vicaiously liable with Newlyn bailiffs, condoning illegal activity. This gives you the perfect excuse to complain to the CEO, complaining about the fees and also telling him his Head of Revenues is laying the council open to serious litigation by condoning unlawful charges.

This will usually get your fees back.

If this fails, then we will think again.

[NEEDINGHELP]

Re: Newlyn PLC-Claiming back excessive charges of PCN fine

Hello all,
giving update on the situation and require more advise, I sent Newlyn an SAR and have not had any reply from them whilst they have cashed the £10 chq for the request. The 40days notice will expire tomorrow. Now that they have refused the request, is it okay to still write to the council as earlier advised or should I just proceed to the small caims court? Otherwise has anyone any ideas. I am really willing to pursue this to the end.

[Guest]

Re: Newlyn PLC-Claiming back excessive charges of PCN fine

Have a moan to the council. Here is a template:

[HEAD OF TRAFFIC ENFORCEMENT]
[NAME OF] Council
[ADDRESS & POSTCODE]

[DATE]

Dear sir.

FORMAL COMPLAINT

BY POST AND BY EMAIL

Re: Penalty Charge Notice Number: [NUMBER]

I make this formal complaint because I received bailiff from you on [DATE] collecting the aforementioned PCN and demanded the sum of [AMOUNT].
The bailiff indiscriminately over-charged me with his fees that are not compliant with regulations and charged me for work he has not done. There has been no costs incurred by the bailiff and no costs order has been made against me by a court. This may constitute an offence under the 2006 Fraud Act.

[ADD ANY OTHER GROUNDS HERE – KEEP IT SIMPLE AND FACTUAL]

I confirm no goods have been taken or physically removed (distress) by the bailiff and no goods were needed to be collected my me.

To resolve this complaint:

1. Return the case to council administration.
2. The council makes the necessary investigation why I was over-charged.
3. Do the necessary work to ensure the person responsible for over charging me is made accountable under both, civil law and criminal law and the investigation is made objectively and professionally.
4. Make the necessary complaint to the appropriate court regarding the bailiff's fitness to hold a certificate.

If you are unable, or unwilling to resolve this complaint in full, please mark your response letter with the words FINAL RESOLUTION and I will ask the Local Government Ombudsman to intervene and start a claim in the county court.

Yours Faithfully.


[YOUR NAME]
Encs. Copy of:
Bailiffs document.

Cc – [NAME OF BAILIFF COMPANY]

[labman]

Re: Newlyn PLC-Claiming back excessive charges of PCN fine

Hello all,
giving update on the situation and require more advise, I sent Newlyn an SAR and have not had any reply from them whilst they have cashed the £10 chq for the request. The 40days notice will expire tomorrow. Now that they have refused the request, is it okay to still write to the council as earlier advised or should I just proceed to the small caims court? Otherwise has anyone any ideas. I am really willing to pursue this to the end.

Have you allowed for postage days?

[ploddertom]

Re: Newlyn PLC-Claiming back excessive charges of PCN fine

And have you sent them a reminder?

[NEEDINGHELP]

Re: Newlyn PLC-Claiming back excessive charges of PCN fine

Shortly after I sent them the SAR, I got an official receipt of money paid to them without any breakdown and I immediately sent them a letter stating that all I got was a receipt and I hoped they were not assuminig they were meeting their obligation under the SAR requirment and mentioned that I will await their relpy within the stipulated time period. I still have copy of the letter, which was posted and emailled to them.

Do you reckon I need to send another reminder?

[ploddertom]

Re: Newlyn PLC-Claiming back excessive charges of PCN fine

I would send them one by email - ask for a Read Receipt.

[NEEDINGHELP]

Re: Newlyn PLC-Claiming back excessive charges of PCN fine

Can anyone please explain what a cost order is in the context of sample letter above?

[labman]

Re: Newlyn PLC-Claiming back excessive charges of PCN fine

I wouldn't send that letter. I'd stick to the tried and tested methods of this site.

[Guest]

Re: Newlyn PLC-Claiming back excessive charges of PCN fine

The above template has been in use since the summer of 2006. Its well & truly tested.

A costs order is needed if a bailiff seeks to recover his costs from the debtor. The law only provides for statutory bailiffs fees to be charged to the debto,r and your email indicated you have been charged much more thanwhat the law allows.

[NEEDINGHELP]

Re: Newlyn PLC-Claiming back excessive charges of PCN fine

Hello Everyone,

Update on my issue with newlyn Plc, please see reply to my SAR below. I need help with this breakdown as per the legality. I would also appreciate any advise on how to challenge these costs. I know for sure these costs can't be legal bcos the baliff was at my address only once and he clammped the car without any prior discussion. I only realised car had been clampped when my 11yr old took the bin out by 7 am. He got payment from me under duress and threath with the police in attendance (I called the police but in the end they sided with the baliff) within 1hr 30mins.
I sent a chq for 10pounds with my request which I have evidence they cashed so I wonder why another £8.33 charge for that.

[bluebottle]

Re: Newlyn PLC-Claiming back excessive charges of PCN fine

Hi,

I'm going to seek a second opinion on what you've posted, but my suspicion is that Newlyns may have defrauded you.

[Guest]

Re: Newlyn PLC-Claiming back excessive charges of PCN fine

I think labman is best to comment on this.

He suggested not using my letter above, otherwise it would probably have been resolved by now.

Over to you, Sir.

[ploddertom]

Re: Newlyn PLC-Claiming back excessive charges of PCN fine

Unfortunately Labman is indisposed at present due to illness.