Car stolen by bailiffs (Newlyn PLC)

[angry-motorist]

Hi,

Yesterday morning I found that my car had disappeared from my partners road (in stratford), so upon calling the police, it turns out that a bailiff who works for Newlyn had impounded it.

The whole issue stems from an a PCN issued to me on that road for having an invalid permit-they claim the permit was written in pencil, when in fact it was written in pen (which was running out). After a series of letters back and fourth, I received a charge certificate which gave me the option of going to court. I was prepared to do this. This was a couple of months ago.

I have heard nothing since and now my car has been impounded. Having spoken to the bailiff, he was given a warrant (which he sent to me)at the beginning of the month from Newham council. He said he clamped my car and then took it to the impound and that it will cost in excess of £900 to release it (plus £40 a day thereafter). This conversation took place on a saturday afternoon and I found that the pound closed at midday...So I cannot do anything until tomorrow. I have also asked him to send me a breakdown of the costs and to justify the £700 plus (actual PCN fine was £195+£7=£202) as a reasonable fee. I am yet to hear anything back

My question is, why was my car stolen from me. I had no idea, no paperwork, letters or anything was sent to my home so effectively it was stolen.

Also, what was the point of clamping my car and then taking it? Could he have not just left it clamped?

I will call the citizens advice bureau tomorrow but I need my car for work on Tuesday-do I pay the cash?

Any help will be greatly appreciated. Many thanks.

Any

[CleverClogs]

Re: Car stolen by bailiffs (Newlyn PLC)

Also, what was the point of clamping my car and then taking it? Could he have not just left it clamped?

As you have learned, it is more lucrative for the bailiffs to remove your motor-car.

If you want it back quickly, you will probably have to pay and then try to claim it back when you make the Out Of Time Statutory Declaration as described here ---> link.

Needless to say, you are being grossly overcharged. Send Newlyns letter 1 from (link) and keep pressing them for the information, as they tend to reply with flim-flam in an attempt to excuse their charges.

The Regulations do not permit the bailiff company to charge a "release fee", nor to charge for storage, but do not tell them that when asking for the breakdown of their charges. Ultimately, Newham Borough Council is vicariously liable for all excessive fees and charges - and, in my opinion, should also be liable for the cost of car hire until your car is returned or released.

[enquirer]

Re: Car stolen by bailiffs (Newlyn PLC)

I received a charge certificate which gave me the option of going to court. I was prepared to do this.

Did you tell them this?

[angry-motorist]

Re: Car stolen by bailiffs (Newlyn PLC)

Did you tell them this?

yes i did!

[ploddertom]

Re: Car stolen by bailiffs (Newlyn PLC)

I received a charge certificate which gave me the option of going to court. I was prepared to do this. This was a couple of months ago.

Think you will find as Parking Tickets were de-criminalised that you have misread what it said. The reality being that if you did not pay at that stage it would go to Court - meaning the Traffic Enforcement Centre - where it would automatically issue Judgment against you & Bailiffs instructed.

[ploddertom]

Re: Car stolen by bailiffs (Newlyn PLC)

I suspect that not being able to file an Out of Time - as you did know about the original ticket - your only course of action is to tackle the Bailiffs over their fees. Have you asked for a breakdown of these in writing? In the meantime and to save costs while this is sorted I'm afraid you may have to cough up.

[angry-motorist]

Re: Car stolen by bailiffs (Newlyn PLC)

It gets worse, turns out the bailiff, who will no longer answer my calls, allegedly (according to the allocator at Newlyn) clamped my car on Saturday morning ( bear in mind this was around 6am Saturday morning according to the bailiff) only to be approached while sitting in his van by a man telling him to remove the clamp. The bailiff apparently asked if he was the owner of the vehicle and this so called man replied by saying 'don't worry ill take care of it myself'

Not sure where the bailiff went now but he returned and the clamp had been tampered with and the contents of the back seat removed ( there never was anything on the back seat) and so he proceeded to remove the vehicle...

The allocator at Newlyn was not able to tell me much else besides they will email over a breakdown of costs

I have spoken with citizens advice bureau who have recommended I pay the pound the £983.44 ( initial pcn costs £202) but go to a small claims court and if this doesn't work, I should take it to the media...

what do you guys think?

i have also filled out a te7 and te9 form.

Many thanks for your help!

[ploddertom]

Re: Car stolen by bailiffs (Newlyn PLC)

On what grounds are you filling the forms out?

[angry-motorist]

Re: Car stolen by bailiffs (Newlyn PLC)

On what grounds are you filling the forms out?

as I did not receive the order for recovery form

[ploddertom]

Re: Car stolen by bailiffs (Newlyn PLC)

as I did not receive the order for recovery form

Are you sure that is one of the grounds for appeal, have you read http://www.justice.gov.uk/courts/nor...sked-questions

[CleverClogs]

Re: Car stolen by bailiffs (Newlyn PLC)

It gets worse, turns out the bailiff, who will no longer answer my calls, allegedly (according to the allocator at Newlyn) clamped my car on Saturday morning ( bear in mind this was around 6am Saturday morning according to the bailiff) only to be approached while sitting in his van by a man

... riding on a pink elephant...

telling him to remove the clamp. The bailiff apparently asked if he was the owner of the vehicle and this so called man replied by saying 'don't worry ill take care of it myself'

Not sure where the bailiff went now but he returned and the clamp had been tampered with and the contents of the back seat removed ( there never was anything on the back seat) and so he proceeded to remove the vehicle...

Whether or not there ever was anything on the back seat of a motor-car, removal of contents is not a reasonable excuse to lift the vehicle. One might wonder how much of Newlyn's "release fee" will be paid to the bailiff.

I have spoken with citizens advice bureau who have recommended I pay the pound the £983.44 ( initial pcn costs £202) but go to a small claims court and if this doesn't work, I should take it to the media...

You should take it up with your local councillors, your partner's local councillors, the leader of Newham Borough Council, the leader of the opposition or official local resistance and your MP.

[angry-motorist]

Re: Car stolen by bailiffs (Newlyn PLC)

Thanks for your help guys, I paid the £984.44 (added £1 for a debit card) but the car now has a huge dent on the front left wing...

It's hard to be positive when you as a law abiding, tax paying citizen feel let down by the justice system...

I have asked Newlyn to forward me a full damage report including photos..

Mr Kabba John Conteh (bailiff) denied the dent over the phone but when asked why he moved the car to begin with, he said he was busy and he'd call me back...I'm still waiting

Thanks!

[CleverClogs]

Re: Car stolen by bailiffs (Newlyn PLC)

Thanks for your help guys, I paid the £984.44 (added £1 for a debit card) but the car now has a huge dent on the front left wing...

How "huge" - or did they just tell you about it?

Can the motor-car be driven safely or does the buckled n/s wing interfere with steering?

It's hard to be positive when you as a law abiding, tax paying citizen feel let down by the justice system...

Why? Your case never went anywhere near the justice system. Parking control/enforcement is, these days, just another means for councils to make money from the residents they claim to represent.

I have asked Newlyn to forward me a full damage report including photos..

Will they claim it was already there, or that the pink elephant sat on it?

[ploddertom]

Re: Car stolen by bailiffs (Newlyn PLC)

Have you also asked for a breakdown of their charges?

[CleverClogs]

Re: Car stolen by bailiffs (Newlyn PLC)

Have you also asked for a breakdown of their charges?

The allocator at Newlyn was not able to tell me much else besides they will email over a breakdown of costs