Unpaid pcn - newlyns baliffs nw inolved

[Mptuk]

Here's hoping someone can help me please.

Recently split with my partner within the last three weeks..

My ex has made me aware Thursday morning of a letter from Newlyns. It was a bailiff removal notice letter, no note of amounts etc. or who they are collecting for. Just vehicle registration number and their reference.

Original fine relates to my ex partner using my car,( we believe as to date no photo etc) we were together at the time, and veering into bus lane.
Medway council duly served pcn. The car was being used to carry her disabled mother to hospital she has a blue badge etc. we tried to appeal via her mothers social worker and until now have heard nothing. We believed it had all been resolved.

I rang Medway council. The PCN is for £97 when it left them. However thy would not take payment from me and told me to contact bailiffs direct.

I have been back to property yesterday to see my children and found another letter dated 19th November stating the amounts... They require £465.64 and associated costs!!!

I submitted TE9 and a TE7 forms to TEC Northampton yesterday and have had back a confirmation email regarding recpipt of my email.

I'm not disputing the fine tbh, I will have to pay , however I don't want to be ripped off with charges. As stated previously, we are separated at the moment so I don't live at the property but my ex and children do, so I need to resolve matter as not to put any further distress on them

What would anyone recommend as my next course of action? I believe I need to get confirmation from Newlyns regarding their charges, (Am I right as original debt was £97 they can only charge 28%?) I'm not very good at writing letters so again any assistance of copies of others would be greatly appreciated.


Regards

[labman]

Re: Unpaid pcn - newlyns baliffs nw inolved

You'll find all relevant legislation in the link below. Really you need to await the result of the submission of the TE7 and TE9 - the thread below also tells you a bit more detail about those:

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

[bluebottle]

Re: Unpaid pcn - newlyns baliffs nw inolved

If the forms have gone off to the TEC, you need to inform Newlyns. If they ask for confirmation, provide it. They should not continue with enforcement whilst the matter is being dealt with by the TEC.

For your information, the fees in a case such as this should be -

PCN = £97.00
Letter = £13.44*

Unless they have a valid levy, they cannot make any other charges at present. Could you provide the breakdown of fees Newlyns have provided you with in their correspondence, please?

[Mptuk]

Re: Unpaid pcn - newlyns baliffs nw inolved

Thank you for your prompt replys..

I will use that letter to try and get a breakdown of this £465.64 from them, emailing them is ok??

At present the TEC confirmation confirms receipt of my email.....(Thank you for using the Traffic Enforcement Centre (TEC) Customer Service email account. We will aim to process your email in line with current TEC targets and procedures)

Will I get a personalised response ? Conscious of not wanting to contact Newyns until TEC have started process of my claim.

[labman]

Re: Unpaid pcn - newlyns baliffs nw inolved

Use this letter, it may be the same one as you are referring to. Letter 1 from here:

http://www.legalbeagles.info/forums/...Useful-Letters

[Mptuk]

Re: Unpaid pcn - newlyns baliffs nw inolved

I have used personalised letter 1 and forwarded it onto them. Many thanks.

Regarding the TEC confirmation, can I ask again, is there more personalised response issued when they have had the forms? I received what would appear a standard generated response.

I have read they contact the local authority who then should contact the bailiffs whilst this appeal process is looked into.

Regards

[labman]

Re: Unpaid pcn - newlyns baliffs nw inolved

As per guide in post #2, I think you need to tell the bailiffs what you have done, with evidence -eg- a copy of their standard confirmation. They should suspend action then while the dispute is looked into I believe.

Also try running this one past the folks here:

http://www.pepipoo.com/

They specialise purely in motoring offences, nothing else, so you may get another way forward there. It costs nothing to join!

[Mptuk]

Re: Unpaid pcn - newlyns baliffs nw inolved

Does anyone know of Newlyns email address ?


Sorry to ask again, once I am in possession of the charges, is it an idea to forward that onto the local council, to highlight what Newlyns are doing, overcharging?

I would like to be in a position where perhaps the council will accept the original fine. £97.00

[labman]

Re: Unpaid pcn - newlyns baliffs nw inolved

Very much so, yes. However, post the charges up here so we can check the charges and identify any excess ones. We'll then send a letter based around Letters 4 or 5 here, but obviously not for Council Tax:

http://www.legalbeagles.info/forums/...Useful-Letters

You'll find an email here:

http://www.newlynplc.co.uk/pages/contact.html

[Mptuk]

Re: Unpaid pcn - newlyns baliffs nw inolved

Contacted TEC this morning as I had not received any information, been told I should have sent PE2 / PE3 forms instead....

Are these the ones that need witnessing ?

[labman]

Re: Unpaid pcn - newlyns baliffs nw inolved

Taken from link in Post 2:

The respondent must send to the Centre –
(1) a completed application notice (form PE 2 may be used for applications relating to statutory declarations and form TE 7 may be used for applications relating to witness statements); and
(2) a completed –
(a) statutory declaration in form PE 3; or
(b) witness statement in form TE 9.
(Forms PE 2, PE 3, TE 7 and TE 9 can be obtained from the Centre at Northampton County Court, Bulk Centre, 21/27 St. Katharine's Street, Northampton NN1 2LH. (Telephone number: 08457 045007))

[Mptuk]

Re: Unpaid pcn - newlyns baliffs nw inolved

Update.....

Finally received confirmation of their fees, albeit a copy of a letter (pdf), which having been back to the address, has not been delivered.

As its a Pdf having issues copying the text straight across, so will type them myself.

Council Debt £97.00
First Letter £11.20 (01/10/12)
Visit Fee 1 £37.00 (25/10/12)
Enforcement Fee 1 £140.00 (25/10/12)
Visit Fee 2 £61.00 (05/11/12)
Visit Fee 3 £64.00 (15/11/12)
VAT £61.44
TOTAL £465.64


The letter goes onto say that all their bailiffs are certificated at court and employed to work for Newlyn PLC; they work under their instructions and upon work that is given to them from Newlyns. I quote the following sentence...

‘I am un-willing to provide the bailiffs name and court details at this time, as I believe this request to be vexatious and unnecessary, as his actions are based on instructions given by this office and form part of our standard operating procedures. ‘

Hopefully someone can assist pls in resolving this


Many thanks

[labman]

Re: Unpaid pcn - newlyns baliffs nw inolved

Haven't checked fees yet, I would definitely start a comlaint to the bailiff company about their refusal to give the name of the bailiff. Without that it could have been anyone visiting. There is nothing either vexatious or unnecessary in wanting this information. It might be worth phoning the court Fine's Manager and seeing if they can suggest anything (bearing in mind that they're likely to side with their enforcement agents). If you have a good Councellor, it's worth getting them involved too.

[bluebottle]

Re: Unpaid pcn - newlyns baliffs nw inolved

Adding to Labman's advice, it would be a good idea to send a complaint to the OFT's Credit Fitness Team. I agree with Labman that Newlyn's are engaged in lower gastro-intestinal ventriloquism and, in any case, they are obliged to provide the information requested. It appears to me that certificated bailiffs and bailiff companies are beginning to realise that debtors are better-informed, thanks to forums like LB, and are getting nervous of providing bailiffs' names, certificating court details and expiry dates of certificates for fear of a formal complaint to the court of misconduct on the bailiff's part. It also shows that the bailiff companies are not exercising adequate or proper supervision over their employees and they can be held liable for this, along with the creditors on whose behalf they are acting.

I am attaching a document that takes you through the process of making a complaint to the OFT against a bailiff company, along with OFT Debt Collection Guidelines. Don't forget to include the following details in your complaint -

Company Name: Newlyn PLC
OFT Licence No.: 585311

[labman]

Re: Unpaid pcn - newlyns baliffs nw inolved

Just to say the OFT Debt Collection Guidelines posted above are now out of date. It's tricky keeping up with them!

Attached are the new ones: