Unpaid pcn - newlyns baliffs nw inolved

[Mptuk]

Re: Unpaid pcn - newlyns baliffs nw inolved

Just had a pic from my ex-partner regarding a further letter, now addressed to the 'Occupier', not me, the car owner, its a Removal Notice and or goods for the value of £465.64. Stating within 14 days they will be in area.

At this stage I better inform them of my partners current mental health, she is in receipt of counselling/ support for her bi-polar and my youngest son is on the Asperger's spectrum. They fall within the 'at risk' category to my understanding. annoyingly again Medway council who have allocated my ex-partner a support worker to deal with housing issues, due to her medical issues, have not passed this information on. But why would they!

I have emailed Newlyns direct. Should I email anyone else?

I have today also forwarded a letter to Medway Councils Chief Finance Officer regarding the fees. Once I have received a reply I will post back.

Many thanks

[labman]

Re: Unpaid pcn - newlyns baliffs nw inolved

Yes, copy it to the CEO of Medway Council. I'm sure you have, but make sure you mention the vulnerable category as defined in 'The National Standards for Enforcement Agents' attached below. I think, off the top of my head, it's page 9!

[CleverClogs]

Re: Unpaid pcn - newlyns baliffs nw inolved

Just had a pic from my ex-partner regarding a further letter, now addressed to the 'Occupier', not me, the car owner,

That's plainly wrong, for a start.

"The Occupier" does not owe anything.

It seems that Newlyns do not know where you currently reside and that they have the right to levy distress on the goods of your former partner - which they don't.

They may also claim that your former partner has a legal obligation to tell them where you live but - guess what - there is no such obligation.

[Mptuk]

Re: Unpaid pcn - newlyns baliffs nw inolved

Have had replys from both Newlyns and Medway Council, which i will copy the relevant parts over,

Newlyns

I write in reference to your email received on the 8^th February, the details of which have been noted.

Given the information you have provided us regarding the current occupier of (address removed) we have placed the account on a temporary hold for 28 days only to allow time for you to supply us with your current address.

Once we have details of this we will then be able to change the address completely on the file and no further action will take place at the current address.

I advise that you provide us with this information as soon as possible to that we can have these details amended.

Please can you also provide us with an up to date telephone number for yourself so that we are able to make contact with you directly should we need to get in touch with you.

Medway Council

After outlining the case to date they added the following,

I can confirm that having discussed your case with Newlyns they have confirmed that the fees are reasonable and in accordance with the regulations, there is no duplication of any fees and you have not been charged twice for any work carried out, if you have reason to believe that this is incorrect then it would be advisable if you detail this information to Newlyns utilisng their complaints procedure providing any supporting evidence you may have.

Although we apprecaite your offer of ££267.78 we are not in a position to negociate Newlyns fees as the work has been carried out by them and they are entitled to charge for this work.

I am sorry this is not the response you were hoping for however we must treat all cases fairly and equally. I understand from Newlyns that you have stated that your ex partner and son fall within the category of being vulnerable due to medical conditions, you have therefore been advised to provide your address and an up to date telephone number to enable them to change these details on their files.

I would advise that you contact Newlyns again to amend your contact details and to also discuss the payment of the outstanding fees.


Any help please with next course of action ??

Many thanks

[labman]

Re: Unpaid pcn - newlyns baliffs nw inolved

Can I just clarify that this reply was from the Head of Revenues at Medway? It is important.

[Mptuk]

Re: Unpaid pcn - newlyns baliffs nw inolved

The reply was from the parking manager, but copied to the chief finance officer, ( the initial email correspondence from me) and a Director of Regeneration, Community and Culture.

It would appear my original email to the chief finance officer had been delegated down to the parking office.

any ideas what to do next? As the fees are dubious is it worth attempting negotiating with Newlyns ?

[Mptuk]

Re: Unpaid pcn - newlyns baliffs nw inolved

Sorry to pester, any ideas on my next course of action please ?

Thanks

[CleverClogs]

Re: Unpaid pcn - newlyns baliffs nw inolved

Are you really going to tell the buggers where you live? msl:

[Mptuk]

Re: Unpaid pcn - newlyns baliffs nw inolved

what do you think ??

Tbh need to get them off my ex's back, as much as Im aware the debt lies with me, cant trust them not to hassle her and my children...

I'm really of no fixed abode, well to call my own, friend and family have assisted in letting me stay, this is due to Medways total incompetence. i've been supporting my ex for a long while, leaving me with seriously out of pocket, but that's a totally different ball game dealing with housing etc.. Yes I could refuse to pay etc... but they are my children..

Hence trying to get this fine to an acceptable amount....

You guys have all been really supportive and I thank you all... Just need to get this over and dusted


Thanks

[CleverClogs]

Re: Unpaid pcn - newlyns baliffs nw inolved

I could refuse to pay etc... but they are my children..

Bailiffs are no longer allowed to seize children and sell them off as sex slaves.

[labman]

Re: Unpaid pcn - newlyns baliffs nw inolved

Try sending this to the CEO of the council.

[YOUR ADDRESS]

[DATE]

Dear Sir,

Your Ref: [Insert your account reference]

It gives me no pleasure to write this letter with regard to the above account.

On dd/mm/yyyyI wrote to your Chief Finance Officer, [Insert title and name] asking for confirmation of fees which I have been charged by your appointed enforcement agents, Newlyns. I also requested that should the fees be considered unfair, my account be recalled to your council, all fees cancelled and your appointed enforcement agents informed not to pursue the account any further.

Today I received his reply (copy enclosed) which clearly states he believes the fees charged to be lawful and correct.

Please may I point out that under your council’s vicarious liability for its appointed enforcement agents, your Chief Finance Officer is leaving you open to serious litigation. The fees charged are clearly unlawful, and in direct contravention of Schedule1 to the Enforcement of Road Traffic Debts (Certificated Bailiffs) Regulations 1993 updated by The Enforcement of Road Traffic Debts (Certificated Bailiffs) (Amendment) Regulations 2003.

Below I have provided a breakdown of the fees actually charged, along with a breakdown of the fees I believe, having sought advice, should legally have been charged. As you can see there is a difference of £xxx.xx.

INCLUDE BREAKDOWN OF FEES CHARGED AND A BREAKDOWN OF LEGITIMATE FEES

It is hard to understand how such a mistake could be made, particularly bearing in mind I went to the trouble of requesting a breakdown of legitimate fees applied to my account by your enforcement agents, and also double checked these with your Chief Finance Officer.

It would appear not only that one of your senior members of staff has little knowledge of the relevant legislation involved in his job (an issue I am sure you will want to address), but also that he is condoning quite clearly, the unlawful application of fees to your customers' accounts. The vicarious liability between yourself and your appointed enforcement agents makes this a very serious issue indeed for you. There are a number of criminal avenues that could be pursued should legal proceedings be instigated.

I would be grateful if you would recall this debt to the council with immediate effect, confirm your council’s acceptance of my repayment offer and confirm that you have instructed your appointed enforcement agents to cease pursuing this account, again with immediate effect. I would also be grateful if you would please confirm that no fees are owing to your appointed agents.

Please rest assured I have not intention of reneging on my responsibility to pay this debt, but it is only fair, given the circumstances, that I should be able to do so free of any unlawful activities by your staff or your appointed enforcement agents.

I look forward to hearing from you,

Yours faithfully,

Sign your name here

[PRINT NAME]

[Mptuk]

Re: Unpaid pcn - newlyns baliffs nw inolved

Will do and thanks labman

Of course will keep you updated

Regards

[Mptuk]

Re: Unpaid pcn - newlyns baliffs nw inolved

Update...

Today received confirmation that my email to the CEO (kindly worded by Labman), had been passed to Medways Customer Relation Team and was at Stage 1 of their process. (copied below)

Re: Stage 1 complaint – Parking Services Complaint


Thank you for your contact of 6 March 2013, received in the Customer Relations team.
Your concerns are important to us, and we want to resolve them as quickly as possible.

We have passed your concerns onto the relevant service area. They will consider them
under our Complaints Procedure. We will aim to respond to you within 10 working days. If
there is likely to be a delay we will let you know, and will give you a new response date.

Our Complaints Procedure can be found on the council’s website (www.medway.gov.uk).
If you would like a paper copy please let me know.


We aim to provide quality services that meet our customers’ needs, and to correct any
mistakes quickly and fairly. All of our customer feedback helps us to improve our services,
and the way we work for people in Medway.


The worrying thing no where does it mention stopping Newlyns or putting the case on hold. Do I need to reply and ask for this to be done whilst they are deliberating?

Whilst writing Newlyns 28 days are up (see below copied from their initial email)

Given the information you have provided us regarding the current occupier of (removed) we have placed the account on a temporary hold for 28 days only to allow time for you to supply us with your current address.

Once we have details of this we will then be able to change the address completely on the file and no further action will take place at the current address.

Do you believe they will actually call again, bearing in mind, they have been notified my ex partner and son are classified as being on the vulnerable category. ?

Once again, thanks for your help.....

[Mptuk]

Re: Unpaid pcn - newlyns baliffs nw inolved

Update...

well its a month now and no reply, postal or email...

About to fire off an email, however, not sure bearing in mind how long its taking them, if I should be demanding my case be upheld...

Regards

[Mptuk]

Re: Unpaid pcn - newlyns baliffs nw inolved

Had this emailed to me yesterday.

We wrote to you recently to say that we would look into your concerns that you raised with us on 12 March 2013. The service area has now investigated your concerns and we have used Stage 1 of our Complaints Procedure to consider what happened.
Firstly, we would like to thank you for your response dated 10th March 2013, I can confirm that we have liased with the bailiff company Newlyns again, who have confirmed that the fees that have been assigned to your case have been applied correctly in accordance with the Enforcement of Road Traffic Debts (Certificated Bailiffs) (Amendment) Regulations 2003.

It has been confirmed that the first letter which advises the customer that a warrant is with the bailiff and requests the total sum due, has been charged in accordance with section 6 of the Enforcement of Road Traffic Debts (Certificated Bailiffs) (Amendment) Regulation 2003.

The visit fees which are charged for visiting a property where no levy has been made is calculated on a percentage of the entire debt and has again been charged in accordance with Section 3 of the Enforcement of Road Traffic Debts (Certificated Bailiffs) (Amendment) Regulations 2003.

The enforcement fee 1, which is for removing goods or attending to remove goods where no goods are removed, this fee has been charged under Section 6 of the above stated regulations.
The bailiff company have also advised that they are governed by CIVEA and you may find their website of use as there will be information relating to the legislation surrounding the fees structure. www.civiea.co.uk


Please, any help with this ? / It appears I may have to start considering paying them after all??

Also had another letter, which my ex passed onto me only yesterday, dated 26th March from Newlyns, titled Final Notice Baliff Removal....for sum of £465.64 & associated costs...This despite being told of my ex and my children's mental health conditions.
Many thanks