Newlyn Over Charging

[TimJ]

I had a PCN which I paid in full including a court fee and paid the monies direct to the Council. At the time of payment (early Dec-12), the Council had passed the collection to Newlyn. I had not been informed and paid the monies via the councils website. I have today received a letter from Newlyn saying that I owe them £345. I rang them, and apparently the debt I still owed was for an unpaid fee for a letter they sent on 30/11 which I never received and they refused to give me a breakdown of the fees unless I write to them.

I faxed them soon after and I rang them again and then they explained in more detail. The fee for the letter was £11 and the balance for three visits to my house during Jan & Feb 2013. The first visit they charged me £168 and the 2nd visit £51 and the 3rd £58. This seems a tad over the top, chasing an £11 debt with a visit from the baliff and charging me £168 for the privilege. Not to mention the 2nd & 3rd trips and the cost. So in all in all to chase an £11 debt they want to charge me £335 for visits that they cannot substantiate! No letters were left, no calling cards.

Any ideas on how to treat these thieves? Clearly they are abusing the system. They have threatened to clamp my car (which is leased, not that they will care). Any thoughts out there?

[Fair-Parking]

Re: Newlyn Over Charging

The answer is very simple and not one that Newlyn will take kindly to. Tough

As you have paid the PCN in full and as this has been correctly accepted by the Council as per their DoT Guide para 10.20, then the matter is concluded.

It is now for Newlyn to produce a court order for their fees. It should be in their name, stamped by a court and quoting you as a respondent. Flying pigs are more common.

As a tactic Newlyn are likely to quote the Enforcement of Road Traffic Debts (Certificated Bailiffs) Regulations 1993 as their authority. It falls way short, this Act merely authorises Newlyn to ASK for specific fees as outlined in the regulations. It is not a court order and you are not bound by it.

[CleverClogs]

Re: Newlyn Over Charging

As a tactic Newlyn are likely to quote the Enforcement of Road Traffic Debts (Certificated Bailiffs) Regulations 1993 as their authority. It falls way short, this Act merely authorises Newlyn to ASK for specific fees as outlined in the regulations.

Really?

Is that because, as a Free Man On The Land, one may choose not to enter into a contract with the bailiffs?

[bizzybob]

Re: Newlyn Over Charging

Really?

Is that because, as a Free Man On The Land, one may choose not to enter into a contract with the bailiffs?

I don't think Fair parking is FMOL, he may however post on other forums, regarding bailiffs and decriminalised parking shenanigans.

[bluebottle]

Re: Newlyn Over Charging

Unless Newlyns can produce conclusive evidence to prove they sent the letter, they can go swivel for any fees. Threatening to clamp your car is well out of order and, in my opinion, potentially illegal.

[bizzybob]

Re: Newlyn Over Charging

Unless Newlyns can produce conclusive evidence to prove they sent the letter, they can go swivel for any fees. Threatening to clamp your car is well out of order and, in my opinion, potentially illegal.

Don't think that will stop them, they appear out of control like another well known bailiff company. Newlyn have removed a car according to a thread on another forum for a third party debt and will not return it, so I would advise Op to beware, and keep car hidden at night or away from premises

[bluebottle]

Re: Newlyn Over Charging

Don't think that will stop them, they appear out of control like another well known bailiff company. Newlyn have removed a car according to a thread on another forum for a third party debt and will not return it, so I would advise Op to beware, and keep car hidden at night or away from premises

Then that is Theft per se. JBW did something like that and within 24 hours of the aggrieved party's solicitor contacting the creditor involved, JBW returned the aggrieved party's car. The last I heard, the lawyers were agreeing who should pay what and how much.

[CleverClogs]

Re: Newlyn Over Charging

JBW did something like that and within 24 hours of the aggrieved party's solicitor contacting the creditor involved, JBW returned the aggrieved party's car. The last I heard, the lawyers were agreeing who should pay what and how much.

Were no criminal charges made and, if not, why not?

[labman]

Re: Newlyn Over Charging

Were no criminal charges made and, if not, why not?

Because the police are useless! Their knowledge of anything bailiff is tiny, and their training in this area must last for ...... gosh ............ about five minutes?

[bluebottle]

Re: Newlyn Over Charging

Were no criminal charges made and, if not, why not?

To the best of my knowledge and belief, CC, JBW and their brainless onanists escaped a trip to custody. Why, I do not know because they should have faced Theft charges. From what I can gather, the local authority involved aren't too impressed with Waller's Winkers (typo error) as they will end up footing the bill for compensation and legal costs.

[bluebottle]

Re: Newlyn Over Charging

Because the police are useless! Their knowledge of anything bailiff is tiny, and their training in this area must last for ...... gosh ............ about five minutes?

The local police force sang their usual, "It's A Civil Matter" song, apparently.

[labman]

Re: Newlyn Over Charging

The local police force sang their usual, "It's A Civil Matter" song, apparently.

Well there's a surprise!

[bluebottle]

Re: Newlyn Over Charging

Well there's a surprise!

A surprise not.