Newlyn PLC

[labman]

Re: Newlyn PLC

If a Stat Dec Out of Time I'm struggling.

If it was a normal Stat Dec for a PCN then this would make sense:

"If you were previously unaware of the PCN, you should file the Statutory Declaration Form within 36 days. After the 36 day period, the Local Authority can apply for a warrant and bailiffs may be instructed.

The Statutory Declaration is an oath stating that an earlier part of the enforcement process which should have happened, did not. Having a Statutory Declaration accepted does not cancel the PCN, though it does reduce the fine by 50% again. The matter will be referred back to the Local Authority to decide what action they wish to take next."

[CleverClogs]

Re: Newlyn PLC

2. received second letter from Newlyn

they missing dates where all dates as 22 on july,
They are asking for me to pay them 10 pounds to see the evidence for booking and cancelling the van.

They really are cheeky buggers, aren't they?

Apparently not content with having provided proof that they imposed charges for an HPI check and for payment by card - neither of which is allowed under the regulations (link 1, link 2) they cited - they have now averred that sending you a copy of an invoice "would be deemed a Subject Access Request under the terms of the Data Protection Act".

They are - of course - quite utterly WRONG.

All of their fees and charges should be examined, as there would appear to be no valid reason why they should charge 4 fees for the same visit on 22^nd July.

One might even suspect they had charged twice for the same expenses. Perhaps your MP might care to raise this matter with Eric Pickles?

[bluebottle]

Re: Newlyn PLC

They really are cheeky buggers, aren't they?

Apparently not content with having provided proof that they imposed charges for an HPI check and for payment by card - neither of which is allowed under the regulations (link 1, link 2) they cited - they have now averred that sending you a copy of an invoice "would be deemed a Subject Access Request under the terms of the Data Protection Act".

They are - of course - quite utterly WRONG.

All of their fees and charges should be examined, as there would appear to be no valid reason why they should charge 4 fees for the same visit on 22^nd July.

One might even suspect they had charged twice for the same expenses. Perhaps your MP might care to raise this matter with Eric Pickles?

I agree with you entirely, Cloggy. The requirement to prove the veracity of any charges being made, especially where they fall under the remit of a statutory provision, does not, in my opinion, fall under the ambit of the Data Protection Act 1998, but that of the Civil Procedures Rules 1998, which supersedes the DPA. Newlyns really are sailing dangerously close to the wind, in the legal sense, by claiming the OP's request is a matter under the DPA.

[CleverClogs]

Re: Newlyn PLC

I agree with you entirely, Cloggy. The requirement to prove the veracity of any charges being made, especially where they fall under the remit of a statutory provision, does not, in my opinion, fall under the ambit of the Data Protection Act 1998, but that of the Civil Procedures Rules 1998, which supersedes the DPA. Newlyns really are sailing dangerously close to the wind, in the legal sense, by claiming the OP's request is a matter under the DPA.

It's probably their new policy after they were caught relying on a dodgy "John Bull" invoice on a previous occasion.

As they imposed four charges on 22^nd July, they should be invited to explain each.

The "Enforcement Fee 1" certainly needs to be explained, not least of which because no such fee is specified in the Regulations!

[tam13sana]

Re: Newlyn PLC

Thank you all for your input.

I will write a letter, both to harrow council and Newlyn PLC and ask for our money back.

[tam13sana]

Re: Newlyn PLC

HELP!

I am so upset. NOt only has Harrow council not sent a refund, but they have reissued the same PCN and they are asking us to pay £55 or it will increase to 110 pounds. Unbelievable. WHat do I do now?

[bluebottle]

Re: Newlyn PLC

HELP!

I am so upset. NOt only has Harrow council not sent a refund, but they have reissued the same PCN and they are asking us to pay £55 or it will increase to 110 pounds. Unbelievable. WHat do I do now?

Could you explain that in more detail, please? Once an unpaid PCN has been settled, that is the end of it. You cannot reissue it.

[tam13sana]

Re: Newlyn PLC

As you will be able to see in the attachment, I had a visit from Newlyn, whom I had to pay almost £800 to stop my husband's car being taken away. I wrote a complaint letter to Harrow as this was the first time I had heard about the PCN as they had sent it to my old address.

I then filled TE7 which came back with order to void the warrant. I assumed I will get my money back, but instead they have reissued the PCN, that Bailiffs already taken money for.

You will be able to see all letter and correspondence in the files I had uploaded in this thread. on page 2 and 3.

[CleverClogs]

Re: Newlyn PLC

I am so upset. NOt only has Harrow council not sent a refund, but they have reissued the same PCN and they are asking us to pay £55 or it will increase to 110 pounds. Unbelievable. WHat do I do now?

I suggest you pay it, PDQ, lest the stupid council sends a Newlyn goon round with another demand for £800.

Then pursue your claim against the council for a full refund of the money improperly charged.

[Niron]

Re: Newlyn PLC

I've just had dealings with Newlyn too. They sent a letter to my mums address threatening to send bailiffs round for £383.44. This was for a £60 fine I was contesting with Waltham Forest council from last Christmas. My appeal was rejected, and I appealed that decision also. I also applied for a statutory out of time. Newlyn are saying that they sent me letters during this time sling for £202 initially, then said the fine went up as I had not got back to them. I was always awaiting the conclusion to my appeal before paying naturally. Have Newlyn acted innapropriately as I'm pretty sure they have. There advisors we're bullish on the phone and didn't want to know…

[bluebottle]

Re: Newlyn PLC

I've just had dealings with Newlyn too. They sent a letter to my mums address threatening to send bailiffs round for £383.44. This was for a £60 fine I was contesting with Waltham Forest council from last Christmas. My appeal was rejected, and I appealed that decision also. I also applied for a statutory out of time. Newlyn are saying that they sent me letters during this time sling for £202 initially, then said the fine went up as I had not got back to them. I was always awaiting the conclusion to my appeal before paying naturally. Have Newlyn acted innapropriately as I'm pretty sure they have. There advisors we're bullish on the phone and didn't want to know…

What is the current status of the PCN and why are Newlyns sending threatening letters to your mum's address?