Newlyn PLC bad practices

[PAGODA GUY]

hI all,
I have just come across this site to see if I can find any advice on how to deal with my Bailiff situation.
I have had dealings with Bailiffs in the past , but these days with all the new technology they can find whilst driving around on your normal day . N.P.R.S.
(NUMBER PLATE RECOGNITION SYSTEM .

My case is as follows;
I received a letter from this company , with their reference no, an amount outstanding , and a client reference number of course any sensible individual would telephone to enquire the origin
.
I was then advised that they have been appointed by Hackney Council to collect an unpaid penalty charge (singular ), I asked for further details to see online if this was genuine . I went on line and checked against my vehicle reg , and low and behold I was caught on CCTV briefly parking in a loading bay , 'bang to rights as they say '.
Prior to this I have moved twice , my car is registered at the address I should have moved into , for legal reasons I am unable to move in until Jan 9th .
I receive my mail periodically as the tenants drops off when he is able , I have seen no correspondence from LBH or the Court regarding this .
I agreed a payment schedule over the next month to prevent any further action whilst I was applying to the court to have this reviewed , this was on the Friday pm.

On the Monday to my alarm I noticed a clamp on my car , my first instance was to call Newlyn PLC , stay calm , and explain there must be crossed wires this matter is in hand. After an investigation by them which took 1 hour , they came back with the explanation that this was another ticket which has been passed to them from LBH. THIS OFFENCE APPARENTLY OCCURRED A FORTNIGHT LATER THAN THE INITIAL OFFENCE ,

I asked them , as we have been having communication in the days past , and they have been made aware that I receive my mail infrequently which is sent to that address why they did not inform me verbally , an agent agreed that they should have , but now the case is with the bailiff I can only deal with him .very unhelpful indeed .

As you can imagine the Bailiff was very uncooperative , I explained the situation he was not interested and he informed me that in order to take the clamp off i must pay him an amount of £473.00 , I was horrified , this was twice the amount of the original cost I received for the first fine .
I informed him that by law I should have been given a levy of charged before the case comes to clamping stage .
AM I CORRECT IN BELIEVING THIS ???? , HE ADVISED ME THAT HE WAS NOT WITH THE PAPERWORK AND WOULD CALL ME BACK SHORTLY , hE dID nOT .

i SPOKE TO THE L.B.H. PARKING WHO ADVISED ME THAT THEY HAVE RECEIVED THE CASE FROM NORTHAMPTON COUNTY COURT AND THEY ARE LOOKING AT IT , BUT THEY HAVE 'NO POWER OVER THE BAILIFF i SHOULD CALL HIM BACK AND OFFER HIM A PAYMENT SCHEME TO CLEAR THE DEBT AND WAIT FOR THE OUTCOME OF THE COURT AND CLAIM THE MONEY BACK .THIS WAS ON THE 10TH CALL TO THEM WITH THESE MATTERS.
i DID THIS, AND THE BAILIIFF INFORMED ME THAT THIS IS NOW NOT POSSIBLE AS WE ARE ARE CLAMPING STAGE (IS THIS TRUE ??? )



i ASKED THE COUNCIL AND THE OFFICES OF NEWLYN WHY A PENALTY CHARGE DATED 2 WEEKS LATER WAS AT CLAMPING STAGE WITH BAILIFFS WITHOUT A REFERENCE LETTER FROM THEM STATING THE DETAILS OF THIS OFFENCE AS THE ORIGINAL ONE ? .( I FEEL THEY DELIBERATELY DO NOT USE REGISTERED POST IN ORDER FOR THEM TO CLAIM THEY HAVE SENT LETTERS , IF THEY DROPPED OFF BY HAND i WOULD THINK THE TENANT WOULD HAVE INFORMED MY AGENT PROMPTLY FOR FEAR OF ANY PROBLEMS .

AGAIN HE SAID HE WOULD GET BACK TO ME , AND GUESS WHAT.......?
HE HAS NOT , AND HIS OFFICE WILL NOT WORK WITH ME ANY LONGER , THE CASE IS FROZEN UNTIL COURT DECISION , WHICH NOW MEANS MY CHRISTMAS IS STUFFED (to coin a phrase) AND i HAVE TO RELY ON OTHERS TO GET AROUND .AT LEAST UNTIL EARLY JANUARY .
( BTW MY VEHICLE IS PARKED IN A CAR PORT ON MY ESTATE BUT I AM LIVING WITH MY PARTNER ON THE SAME ESTATE .

SURELY THESE COMPANIES AND local borough's SHOULD NOT BE ALLOWED TO GET AWAY WITH THESE PRACTICES. i AM BEING GIVEN THE RUN AROUND BY BOTH PARTIES WITH NO CONCLUSION .

IF BAILIFFS DO NOT FOLLOW THE LETTER OF THE LAW , HOW CAN WE REPORT THEM , TO AVOID THEM DOING THIS TO OTHER MEMBERS OF THE PUBLIC ???

SOMEONE PLEASE SHED SOME LIGHT ON MY SITUATION , WE ALL MAY BE ABLE TO LEARN .

MERRY CHRISTMAS TO ALL OF YOU OUT THERE !

[bluebottle]

Re: Newlyn PLC bad practices

Ask Newlyn if they have a Clamping Order. Chances are, they won't, but they will claim they don't need one, which is total ballcocks. Serve a written notice on Newlyn, requiring them to produce to you, within 24 hours of their receipt of the notice, a valid Clamping Order signed in ink by a judge. If they can't or won't, serve a further notice giving them 24 hours, as before, to remove the clamp. If they ignore that notice, apply to your local court for an order authorising you to remove the clamp, even if it results in the ultimate destruction of the clamp. If you have to go to this extent, Newlyn will scream and stamp their feet, lie to the police that you have committed criminal damage to their property, but they will be wasting their time. As long as you have sought the necessary authority from a court, Newlyn are buggered. You could then, if you felt so inclined, sue them and the local authority involved for Unlawful Interference with Property, Unlawful Detention of Property and Trespass to Property.

[ploddertom]

Re: Newlyn PLC bad practices

Ask Newlyn if they have a Clamping Order. Chances are, they won't, but they will claim they don't need one, which is total ballcocks. Serve a written notice on Newlyn, requiring them to produce to you, within 24 hours of their receipt of the notice, a valid Clamping Order signed in ink by a judge. If they can't or won't, serve a further notice giving them 24 hours, as before, to remove the clamp. If they ignore that notice, apply to your local court for an order authorising you to remove the clamp, even if it results in the ultimate destruction of the clamp. If you have to go to this extent, Newlyn will scream and stamp their feet, lie to the police that you have committed criminal damage to their property, but they will be wasting their time. As long as you have sought the necessary authority from a court, Newlyn are buggered. You could then, if you felt so inclined, sue them and the local authority involved for Unlawful Interference with Property, Unlawful Detention of Property and Trespass to Property.

A Clamping Order is only for an unpaid Magistrates Court fine whereby the magistrates have granted the Bailiff the sanction. For unpaid PCN's you should ask the Bailiff and/or Council which Rule/Regulation allows them to clamp. In any event do you have a Notice of Seizure (Form 7) informing you a levy has been made on your vehicle?

For PCN's the notices all go to the address the DVLA had for you at the time the alleged offence was committed. As you moved house in the meantime the Bailiff should have notified the Council and a new notices should have been sent to you. It appears the Bailiff has "data cleansed" the Warrant. Have you asked which address they have on the Warrant? You should also ask the Council to see the Warrant they passed to the Bailiffs - they may actually struggle to do this?

To move forward have a read of this http://www.legalbeagles.info/forums/...rking-Offences and follow the instructions to contact the TEC. Also worth a read is this http://www.justice.gov.uk/courts/nor...sked-questions

[bluebottle]

Re: Newlyn PLC bad practices

If they have "data cleansed" the warrant, the proverbial will hit the air conditioning. It may even invalidate the warrant.