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Hi, and thanks to those who set this site up! Am a newbie, so hope this all makes some sense!
I have had dealings with Newlyns over a parking ticket issued some time ago now, although my main issue is with the way Newlyns have gone about their business, initially.
Some weeks ago now, i exited a friends house to be confronted by a clamp on my car. I am a driving instructor and self employed, but my car only carries l plates and a head board which is removable........ There is no livery on the body of the car. My car is also registered in my name, although my insurance policy is a business one, I have my adi license on permanent display in the windscreen, and the head board is always on the parcel shelf in full view when not in place on the roof of the car. I also have a contract with a recognised driving school.
I contacted the bailiff via the mobile phone number on the sheet placed on my windscreen and he arrived some 10 minutes later. During the telephone conversation I explained that I was a driving instructor and had a test in a couple of hours, and was due to pick up my pupil literally at this moment in time. The bailiff stated that he could not remove the clamp, and that in fact a lorry was on it's way to take my car away.......... This caused some serious distress. Due to financial issues a few years ago, I reluctantly and regrettably went down the route of bankruptcy, rendering my creditworthyness pointless, meaning that if they took the car I would be unable to rent or buy another one. I explained to the guy that I had no idea as to why this charge existed. I now know that it was for dropping off a friend and apparently having 2 wheels on a kerb, or something like that, that was picked up by cctv in Ilford. The council have stated that they sent out several letters to this fact, but I can state categorically that I have seen nothing........ if I had I would definitely have challenged it, as the area where I dropped my friend off is hardly well signed or designed, making the area I stopped in look like a drop off point!
Another issue was that at the time of these letters being supposedly sent, I was between addresses having separated from my then partner, although the car would still be registered to that address. We do still get on and I do still get mail to her address which she gives me. I do trust her and I simply do not believe the council have sent out what they claim to have sent, although our post did fail to arrive a fair bit on Canvey!..... Anyway........... She swears blind that everything that arrives with my name on, I have gotten from her. She has had Newlyns knocking and/or simply leaving letters in the door. When she has managed to catch one she has told them that I no longer live there, so they should have been aware of that fact.
I finally gave up trying to get through to Mr Patel, the bailiff, and had to call a friend to arrange payment of nearly £900.00. This has devastated me, genuinely, and I have held back from going any further with things until i know i have done my best to cross my t's and dot my i's, so to speak. Newlyns seem to not really care about the law and the rights of people. I contacted Newlyns by phone and they told me that they have used a loophole in the law to clamp my vehicle legally, and that they stand by the actions of the bailiff. The loophole centres around the fact that there is no physical signage on my vehicle, example being decals etc. But signage on my vehicle is wholly impractical for me as I am allowed to drive for several companies at any one time, and as such the car has to remain unmarked with the exception of the head board..................
I have also spoken with the council, and they took a pretty negative stance stating that I should have appiled for an out of time stat or something, but I didn't have the time to do that as the bailiff was pushing me hard and not listening to a word I said, claiming that the lorry guy would only wait another 15 minutes before removing my car .............. The other big concern I have is that at no time until AFTER the money had cleared was I given ANY KIND OF DOCUMENT, although I met up with the same bailiff only yesterday doing the same thing to another guy and confronted him on the whole issue, including not presenting any kind of document before taking payment, and he denied that, claiming he presented paperwork beforehand. This categorically did not happen.
I am currently gathering info for that out of time appeal, but it is taking me time because I live some way from the alleged offence, and I feel photographic evidence of the area in which the offence was committed will benefit my case. This issue has been ongoing for some time now and i know I need to take steps asap. Please, if you guys can help in any way, I would be so very grateful.......... I am fearful of the minefield I feel like I am standing in and some clarity right now would be awesome. Thank you all in advance for any help you can offer.
Pylio
I have had dealings with Newlyns over a parking ticket issued some time ago now, although my main issue is with the way Newlyns have gone about their business, initially.
Some weeks ago now, i exited a friends house to be confronted by a clamp on my car. I am a driving instructor and self employed, but my car only carries l plates and a head board which is removable........ There is no livery on the body of the car. My car is also registered in my name, although my insurance policy is a business one, I have my adi license on permanent display in the windscreen, and the head board is always on the parcel shelf in full view when not in place on the roof of the car. I also have a contract with a recognised driving school.
I contacted the bailiff via the mobile phone number on the sheet placed on my windscreen and he arrived some 10 minutes later. During the telephone conversation I explained that I was a driving instructor and had a test in a couple of hours, and was due to pick up my pupil literally at this moment in time. The bailiff stated that he could not remove the clamp, and that in fact a lorry was on it's way to take my car away.......... This caused some serious distress. Due to financial issues a few years ago, I reluctantly and regrettably went down the route of bankruptcy, rendering my creditworthyness pointless, meaning that if they took the car I would be unable to rent or buy another one. I explained to the guy that I had no idea as to why this charge existed. I now know that it was for dropping off a friend and apparently having 2 wheels on a kerb, or something like that, that was picked up by cctv in Ilford. The council have stated that they sent out several letters to this fact, but I can state categorically that I have seen nothing........ if I had I would definitely have challenged it, as the area where I dropped my friend off is hardly well signed or designed, making the area I stopped in look like a drop off point!
Another issue was that at the time of these letters being supposedly sent, I was between addresses having separated from my then partner, although the car would still be registered to that address. We do still get on and I do still get mail to her address which she gives me. I do trust her and I simply do not believe the council have sent out what they claim to have sent, although our post did fail to arrive a fair bit on Canvey!..... Anyway........... She swears blind that everything that arrives with my name on, I have gotten from her. She has had Newlyns knocking and/or simply leaving letters in the door. When she has managed to catch one she has told them that I no longer live there, so they should have been aware of that fact.
I finally gave up trying to get through to Mr Patel, the bailiff, and had to call a friend to arrange payment of nearly £900.00. This has devastated me, genuinely, and I have held back from going any further with things until i know i have done my best to cross my t's and dot my i's, so to speak. Newlyns seem to not really care about the law and the rights of people. I contacted Newlyns by phone and they told me that they have used a loophole in the law to clamp my vehicle legally, and that they stand by the actions of the bailiff. The loophole centres around the fact that there is no physical signage on my vehicle, example being decals etc. But signage on my vehicle is wholly impractical for me as I am allowed to drive for several companies at any one time, and as such the car has to remain unmarked with the exception of the head board..................
I have also spoken with the council, and they took a pretty negative stance stating that I should have appiled for an out of time stat or something, but I didn't have the time to do that as the bailiff was pushing me hard and not listening to a word I said, claiming that the lorry guy would only wait another 15 minutes before removing my car .............. The other big concern I have is that at no time until AFTER the money had cleared was I given ANY KIND OF DOCUMENT, although I met up with the same bailiff only yesterday doing the same thing to another guy and confronted him on the whole issue, including not presenting any kind of document before taking payment, and he denied that, claiming he presented paperwork beforehand. This categorically did not happen.
I am currently gathering info for that out of time appeal, but it is taking me time because I live some way from the alleged offence, and I feel photographic evidence of the area in which the offence was committed will benefit my case. This issue has been ongoing for some time now and i know I need to take steps asap. Please, if you guys can help in any way, I would be so very grateful.......... I am fearful of the minefield I feel like I am standing in and some clarity right now would be awesome. Thank you all in advance for any help you can offer.
Pylio
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