Newlyn PLC

[tam13sana]

Re: Newlyn PLC

Here are some of the letters

[tam13sana]

Re: Newlyn PLC

This is the letter we had sent Harrow council in original complaint.

I am writing to challenge the decision made to refer the above penalty charge to Newlyn bailiffs and make a formal complaint.
On 22.07.13 a bailiff from the Newlyn company came to my doorstep ataddress (my address), who informed me that I had not paid a parking penalty charge and therefore the case had escalated.
This was entirely unexpected as at no point was I made aware that any notice had been issued in my name. I had not received any notice: this was the first time I had heard of penalty charge in question. They demanded that I pay £795.49 or my car would be seized. My wife was at home alone with our new born who was crying at the time and felt intimidated and vulnerable. She felt she had no choice but to make the payment being demanded. She asked the bailiff what were her options and he advised her that she had to pay now or the car will be taken away as he had clamped the car.
We recently had a baby who was born premature and requires frequent hospital visits and thus without the car it would not be possible to meet his needs. This visit has caused considerable distress to our family. My wife is still in shock from the visit and scared to open the door.
The Harrow Council had sent the penalty notice to our previous address where I have not lived since 20th of May 2011 (2c New Road). As the letter had been sent to the wrong address I was not aware of the notice and could not have paid the initial fine or have the opportunity to appeal within the required time. We did not receive any warning about the referral to a bailiff and did not receive any letters about their scheduled visit.
I am a law abiding citizen and have not had any fines in the past. If I was aware of the fine, I would have made the payment immediately. I would like to emphasise that I had moved in May 2011 and the ticket had been issued on 17.08.2012, over year since I made the move. This information was given to me by the bailiff at the premises; otherwise I would still not be aware of the date or the PCN number.
I have taken all the required steps with the council and DVLA to ensure they were made aware of my change of address. If my information was processed in the correct manner this would have never reached the stage that it has, ultimately leading to an extremely uncomfortable encounter that could have had very dire results for my baby- which is entirely unacceptable.
Please find with this letter supporting evidence to show proof of my residence in (my address).
1.Council tax payments since 20^th May 2011
2.Counterpart copy of driving licence with car being registered at (current address)
3.Copy of my driving licence which was duly renewed on 10/2/2012- clearly showing the amended address with the DVLA
4.Copy of V5C
5.Copy of payment made to Newlyn Bailiffs- (who attended at current address)
6.Copy of letter from EDC Lord & Co confirming land registry of (our address)
I am yet to see the original penalty notice and I would like to request a copy of the initial fine, and the letter sent. It is particularly of interest to me that the bailiffs had the correct address, but none of the letters, which I am assuming were sent with the warning of their visit, managed to stray to a different address.
I am requesting a full refund of the charges wrongly collected by Newlyn Bailiffs - there is no way I could have been made aware of the notice with the council not connecting the right dots and not following up the change of address nearly a year after the move, despite our understanding that this had been noted. The previous landlord had made no effort to contact us and inform us that letters were still arriving at the previous location addressed to us.
Given the considerable distress our family faced as a result of this I would be grateful for your quick response.
Please refund £796.69 and send me a copy of the original fine.
Yours sincerely,

[tam13sana]

Re: Newlyn PLC

Hello, for what its worth can I just say this is very similar to a thread I have about Newlyns. Following advice given on this site I contacted the Information Commissioners O ffice as a bailiff called and discussed all the details of a debt with a third party without consent. The ICO have told me nobody is above the Data Protection Act and this is a serious breach. They suggest I complain to the CEO and let them know of the outcome should they need to intervene.

Its time these people were held to account as although we may owe money that doesnt give anybody the right to ignore our rights.

Thanks for listening

Did you get your money back? how far are you in proceedings?

[bracken]

Re: Newlyn PLC

Hello, no money was paid to the bailiff even though he was quite threatening in what he was saying he could do. It was reading another post on here and somebody mentioned the Data Protection act and then advice about ICO that sent me off down that path. My daughter and I have an appt with the council next week. He knows we will be putting in a complaint about this bailiff.
Good luck with your case, I have really appreciated the assistance provided on this website. I will keep an eye on your progress.

[Milo]

Re: Newlyn PLC

Here are some of the letters

Very interesting letters.

You have a lot to do......

Firstly, in the morning you will need to call the Traffic Enforcement Centre and ask them to confirm the precise address on the warrant. If this is your NEW address ask what date a request was made to reissue.

Ask what date authority was given.

Ask the date of the ORIGINAL warrant and please make SURE that you ask the date that AUTHORITY had been given to Harrow to issue the warrant.

Next, it is VITAL that you obtain details of the dates on which all charges had been applied.

You have been charged a stupid "aborted van fee". Newlyn MUST provide you with EVIDENCE that they had been charged such a fee by an outside contractor and evidence that they PAID the contractor.

Approx 2 weeks ago the Local Government Ombudsman made a ruling that there is NO legal basis for charging a Fee 8 charge of £35.

With Harrow Council it is sadly the case that they insist in their contract with their bailiff provider that they are to be paid a "kick back" of 10% of the gross bailiff fees. The most obvious effect of this is that Newlyn will have to charge the debtor at least 10% more than usual.

The bailiff industry "rumour mill" is going into "overdrive" about Harrow Council and Newlyn. More shortly !!

Do NOT make any complaints at this present time as you need to await the outcome of your Out of Time witness statement.

Please post back when you have answers to some or all of the above.

PS:If I have time tomorrow I will check to see whether the fees are the same as those recently provided by LB of Harrow. !!!

[labman]

Re: Newlyn PLC

Milo,

I assume you've seen this? I appreciate it's getting old now, but much is still relevant. As you know, it's been an issue with Harrow for some time. The second link is not yet resolved, but very interesting to follow:

http://forums.pepipoo.com/index.php?showtopic=59987&mode=threaded

http://forums.pepipoo.com/index.php?...st=40&start=40

[tam13sana]

Re: Newlyn PLC

Thank you very much, I will get my husband to call them as they will not give me the information due to data p. act.

Traffic Enf told my husband that we will know the result of TE7 next week.

I will write to Newlyn for the dates for the charges.

Thank you all for taking your time.

I will write as soon as I have more information.

[labman]

Re: Newlyn PLC

Excellent - well done, and to be fair (much as I hate to be), it's right they should only talk to your hubby as you could be anyone. It is slowly moving in the right direction. :beagle:

[tam13sana]

Re: Newlyn PLC

Very interesting letters.

You have a lot to do......

Firstly, in the morning you will need to call the Traffic Enforcement Centre and ask them to confirm the precise address on the warrant. If this is your NEW address ask what date a request was made to reissue.

Ask what date authority was given.

Ask the date of the ORIGINAL warrant and please make SURE that you ask the date that AUTHORITY had been given to Harrow to issue the warrant.

Next, it is VITAL that you obtain details of the dates on which all charges had been applied.

You have been charged a stupid "aborted van fee". Newlyn MUST provide you with EVIDENCE that they had been charged such a fee by an outside contractor and evidence that they PAID the contractor.

Approx 2 weeks ago the Local Government Ombudsman made a ruling that there is NO legal basis for charging a Fee 8 charge of £35.

With Harrow Council it is sadly the case that they insist in their contract with their bailiff provider that they are to be paid a "kick back" of 10% of the gross bailiff fees. The most obvious effect of this is that Newlyn will have to charge the debtor at least 10% more than usual.

The bailiff industry "rumour mill" is going into "overdrive" about Harrow Council and Newlyn. More shortly !!

Do NOT make any complaints at this present time as you need to await the outcome of your Out of Time witness statement.

Please post back when you have answers to some or all of the above.

PS:If I have time tomorrow I will check to see whether the fees are the same as those recently provided by LB of Harrow. !!!

We called Traffic Enforcement Centre

They said original Harrow registered for a warrant on 28th of FEb 2013
authority given on 1st of May address address edited out.
Reissued on 2nd July - to Current address

They received our forms in Sep and they are waiting for response from Harrow to give decision on TE7 by end of the week

[ploddertom]

Re: Newlyn PLC

Please remember Harrow get a "kickback" on Bailiff fees from their appointed contractor.

[Sir Vere Brayne d'Emmidge]

Re: Newlyn PLC

Please remember Harrow get a "kickback" on Bailiff fees from their appointed contractor.

Highly unethical, verging on the downright illegal, spurs biliffs to bend the rules in a big way....until somebody gets unstuck!

[bizzybob]

Re: Newlyn PLC

Highly unethical, verging on the downright illegal, spurs biliffs to bend the rules in a big way....until somebody gets unstuck!

Exactly so Sir Vere; Unfortunately as the councils want money by any means possible for the CEO's pension pot, they will continue until Parliament take action.

If a bailiff has acted correctly, and all fees are in accordance with the regulations, and fee scale, then the only advice can be to pay. However, as we see all too often on LB the likes of Newlyn and grasping councils, the iniquitous and despicable Capita and their baILff goons from Equita and Ross 'n Robbers would not know how to act correctly even if you threatened them with being eaten by the Kraken.

[bluebottle]

Re: Newlyn PLC

I believe Eric Pickles isn't too impressed with local authorities who behave like Harrow. It makes me wonder if he's got the silly burghers of Harrow in his sights for a kicking or he's going to threaten to go along and sit on them.

[labman]

Re: Newlyn PLC

I have a lot of time for Mr Pickles. :beagle:

[CleverClogs]

Re: Newlyn PLC

Highly unethical, verging on the downright illegal, spurs biliffs to bend the rules in a big way....until somebody gets unstuck!

It may already be contrary to section one (link) of the Public Bodies Corrupt Practices Act 1889 and/or section one (link) of the Prevention of Corruption Act 1906

Section 7 (link) of the 1889 Act makes it plain that "person" includes any body of persons, etc.