newlyns pressurized my brother to pay 350 for disputed parking fine

[sarah nicholson]

I was just curious after reading other threads on newlyns, if there is any way I can take action after I believe newlyns acted in misleading manner though was couple of years ago..I received a parking fine after parking in what transpired to be a disabled bay. It was a small car park and one of the 3 disabled spaces had a white line painted through the middle of the disabled picture. I was in doubt at the time but took this to mean it had become standard bay. I received a ticket and I photographed the parking space and submitted this with a letter disputing the fine. Unfortunately at the time I was suffering with ill health and following the birth of my 2 young children, also suffered with manic and post natal depresssion. I could no longer continue working as a high rate taxpayer and was claiming Incapacity Benefit. As a result I fell into mortgage arrears and concentrated my efforts on trying to get onto the Mortgage. Rescue Scheme. After a visit from. Surveyors etc who told me they could not see a reason why my application would be unsuccessful. I then learned that the Housing Association interrested in buyong my house. Decided it was not "financially viable" despite them getting it at 10 percent less the market value. I also said I was happy to reduce that further as long as I could pay mortgage owed. Alas it was not to be and amazingly I. Was told that whilst I met all the requirements there was no appeal process.Hence I was not paying attention to a letter that came advising me $my appeal was unsuccessful and would need to pay the higher fee or would go to court.What was probably a year after the initial incident I had a handposted letter from newlyns.I am absolutely certain that I was at home at the time but this had ramped the charges up approx 100 when they returned the following day with a "distress warrant". This was on a cold winter morning at 7am. He told me that if I don't make immediate payment that he will return with a locksmith who will drill locks out and they would add this to the bill if I refused him entry. He also said he would clamp may car. I explained I was in village and needed transport to access Shops and doctors. Was on benefits and had 2 young kids and I had no heating. My first priority was to get heating as needed it for my babies. He was unsympathetic and said I surely knew someone who could pay it for me. Eventually I called by brother whom I had only started to get a better relationship with. He paid it and berated me. And. Has not spoken a word to me since the whole episode. Making life miserable for my elderly parents and our children who I believe should have time with their cousins. Anyway if anyone has managed to read my rather verbose ramblings would u kindly offer your thoughts?Thanks in advance

[Johnboy007]

Re: newlyns pressurized my brother to pay 350 for disputed parking fine

Hi Sarah,
I have had several run ins with Newlyn.
They are not a very nice company to deal with when it comes to using underhand tactics. I have absolute proof of bailiff use of unlawful tactics, but Newlyn just don't give a damn.
For your information, bailiffs cannot 'return with a locksmith' as this would be unlawful. They have to have permission (a warrant) from the court to enter your home.
A bailiff's chief weapon is 'FEAR' and they use it to great effect. They also use the fact , that not many people know their rights or indeed the law, when it comes to dealing with them.
The only thing a bailiff is interested in, is getting hold of your money.

Unfortunately, disputes between siblings can often drag on for many, many years.
It is a shame that you cannot talk to your brother, and perhaps another family member, or a mutual friend, could act as a go-between.
The only way to really settle this, is to talk to each other, not only for both your sakes, but for the sake of your parents, and kids.
Tell me, what is your brother like?
Is he a proud man, does he have high standards. Is he set in his ways.
You see, it can sometimes be very hard for people to understand or accept the ways of others.

[Wombats]

Re: newlyns pressurized my brother to pay 350 for disputed parking fine

You can always take action against anyone or any organisation. Whether or not it is prudent to do so is a different issue.

I'd love nothing more than to be able to say you could get bailiff fees back etc..., but I fear it is unlikely. I reclaimed fees and got a settlement out of court from my council and the enforcement company. It was a vast amount of work with a very solid case. It is not so clear cut sounding in your case (I may be wrong, in which case apologies), but unless you have a case almost cast in stone I wouldn't do it for the sake of £100 - £20 of that would go straight to the LA and the bailiffs for a SAR from each if you were to do it as I did.

[bluebottle]

Re: newlyns pressurized my brother to pay 350 for disputed parking fine

Hi Sarah,
I have had several run ins with Newlyn.
They are not a very nice company to deal with when it comes to using underhand tactics. I have absolute proof of bailiff use of unlawful tactics, but Newlyn just don't give a damn.
For your information, bailiffs cannot 'return with a locksmith' as this would be unlawful. They have to have permission (a warrant) from the court to enter your home.
A bailiff's chief weapon is 'FEAR' and they use it to great effect. They also use the fact , that not many people know their rights or indeed the law, when it comes to dealing with them.
The only thing a bailiff is interested in, is getting hold of your money.

Unfortunately, disputes between siblings can often drag on for many, many years.
It is a shame that you cannot talk to your brother, and perhaps another family member, or a mutual friend, could act as a go-between.
The only way to really settle this, is to talk to each other, not only for both your sakes, but for the sake of your parents, and kids.
Tell me, what is your brother like?
Is he a proud man, does he have high standards. Is he set in his ways.
You see, it can sometimes be very hard for people to understand or accept the ways of others.

Making such a threat where no grounds in law exist to do so is illegal. It is immaterial whether the threat is deliberate or reckless. EAs are their own worst enemies and I get the feeling the public will not tolerate their lawless behaviour for much longer.

[sarah nicholson]

Re: newlyns pressurized my brother to pay 350 for disputed parking fine

Out of interest you say that they cannot attend with a locksmith to drill out lock if I refuse entry. I did try and call his bluff and said that he needs to come back with locksmith to which he replied that he can do that but as soon as he is called out, they will have to charge an extra (I think it was something extortionate like £500) and he was doing me a favour by giving me the chance to pay!

Are they allowed to clamp your car? I presume they do, hence the advice to park car away from house!

6inally I have court fine for speeding I forgot to pay. I asked for payment card which I don't think arrived and I now have Marstons pursuing for. Approx £500! (Hey called themselves something else. I don't have papers as I lost. Property when I was forced to move house again due to problem neighbours! Am sure they will show up soon but do they have any more powers than the usual bailiffs at Newlyn?

I am my own worst enemy as I get bad panic attacks with mail and often don't open things I don't know what they are as so fearful. I have told this to the council tax people several times but I always end up getting. Clobbered by Newlyns for council tax even though am in receipt of. Benefits.

Thanks. For your reply

[bluebottle]

Re: newlyns pressurized my brother to pay 350 for disputed parking fine

In order to force entry using a locksmith, an EA must have an order signed by a judge who must be satisfied there are grounds in law for authorising forced entry. Even judges are bound by and have to obey the law. If an EA threatens a debtor with a locksmith and has no grounds in law for making the threat, that is, the EA knows they have no right to make the threat or makes the threat recklessly, the EA commits an offence and can be prosecuted. EAs hope debtors don't know this, but are taking a risk.

[Johnboy007]

Re: newlyns pressurized my brother to pay 350 for disputed parking fine

Hi Sarah,
Yes they can and will clamp or seize your car whenever they see fit.
They will even claim to have clamped your car and that you have removed the clamp, threatening a charge of criminal damage.
If they do this, ask them to provide proof with a photograph showing your number plate, the clamp and warning notice which should be fixed to your car.
It's what I have always maintained. Bailiffs use any tactic (lawful or unlawful) to get money out of you.
The scare tactic is their biggest weapon.
They have used it on you when you stated QUOTE: they will have to charge an extra (I think it was something extortionate like £500) and he was doing me a favour by giving me the chance to pay. UNQUOTE:
Bailiffs have to have a warrant of entry signed by a judge or magistrate before they can lawfully enter your property ( exception is if your property is a commercial building )
Other than this, they cannot come into your house except by invitation..
In most cases, you don’t have to open your front door to a bailiff or let them in.
Bailiffs are not usually allowed to force their way into your home - eg by pushing past you, or putting their foot in the door.
However, if you don’t let them in or agree to pay them:

• they could take things from outside your home - eg your car
• you could end up owing even more money

If you do let them in, but don’t pay them, they may take some of your belongings. They could sell the items to pay the debt and cover their fees.
Bailiffs are allowed to force their way into your home to collect unpaid criminal fines, Income Tax or Stamp Duty, but only as a last resort.

Bailiffs can’t:

• enter your home if only children or vulnerable people are present
• enter your home between 9pm and 6am
• enter your home through anything except the door

You should visit your local Citizens advice and get help in applying to the court for a suspension or variation of the court warrant.
This is just a form to state your means and make an offer which you can reasonably afford.
This will get the bailiffs off your case for a while.
Good luck.

[des8]

Re: newlyns pressurized my brother to pay 350 for disputed parking fine

Hello Sarah,
You mentioned you suffer extreme panic attacks, which the council have ignored.
Have you had a diagnosis from your GP regarding these attacks. If you aren't receiving treatment for them perhaps you should consider seeing your GP as they might be symptomatic of other underlying causes.
Also if you have seen/do see your Doctor about this problem he may write to your council in your support, pointing out you are vulnerable and therefore their approach to you should take this into account.
Do you know what your council's policy is towards vulnerable adults? It might be worthwhile finding out.
It won't remove the debt, but most councils 1) allow you longer to pay
2)postpone enforcement action
3)ensure you are in receipt of all benefits

[sarah nicholson]

Re: newlyns pressurized my brother to pay 350 for disputed parking fine

I don't know the councils position but yes I have spoken to the GP about this on a couple of occassions. Whether he put in his notes I don't know, but I have been diagnosed with severe and post natal depression and have been on medication of different types for nearly 7 years! The anti depressants are used also for panic attacks usually. The doctor just said that it wasn't a good idea and I need to open the letters. Maybe I could get a friend to do it with me. (He thought of someone doing it with me alarms me even more!

They are aware of my situation as I had an incident whereby I had been threatened by loan sharks (at a moments madness I had been so distressed at the prospect of having my home repossessed and my young children and myself being made homeless and having to live in a hostel for up to 18 months, I took this loan to pay mortgage arrears). Sorry to digress; my adult son called the police convinced they may help, despite me telling hom not to! They then referred me to social services as they said they could see my children hadn't been neglected but I had put them at risk of harm by dealing with such people.

Thanks for the advice though. I will speak to the council.

I am heartened by the time people like yourselves have taken to offer advice!

[sarah nicholson]

Re: newlyns pressurized my brother to pay 350 for disputed parking fine

Does a speeding ticket come undeR CRIMINAL FINES since its a crime albeit a motoring one?

[Johnboy007]

Re: newlyns pressurized my brother to pay 350 for disputed parking fine

There are three types of motoring offence, Minor, Major and Hybrid.

Minors (ignoring signs, speeding, etc) do not carry a criminal record, Majors and Some hybrids do. For example Dangerous Driving is a criminal offence for which you can be chucked in jail, and is time served (ie no longer counts as a criminal record) after 10 years.

[des8]

Re: newlyns pressurized my brother to pay 350 for disputed parking fine

Sorry if this is sounding personal, but if you have been on anti depressants for 7 years have you been referred to a psychiatrist or counsellor?
I would be concerned if a doctor's advice was "open the letters" when the fear of doing that was the cause of the attacks.
Does he advise people suffering depression to "pull yourself out of it"?

The advice you will get from others on this site on dealing with debt collectors etc is first class, but I am concerned for you on reading your posts that due to your health problems you might not be strong enough to implement that advice. DCA are past masters at bullying the vulnerable.

Not knowing your personal situation it is difficult to give advice (which may not be wanted anyway). You mentioned an adult son, who obviously has concerns for you. Could he possibly be a close support for you, accompany you to the doctor and help push your case and help in dealing with the council etc.

I'm only speaking from the experience of helping a couple of people with similar health issues. They felt so alone and isolated.
If this doesn't apply to you, please accept my apologies if I upset you in any way.

[stevemLS]

Re: newlyns pressurized my brother to pay 350 for disputed parking fine

There are three types of motoring offence, Minor, Major and Hybrid.

Minors (ignoring signs, speeding, etc) do not carry a criminal record, Majors and Some hybrids do. For example Dangerous Driving is a criminal offence for which you can be chucked in jail, and is time served (ie no longer counts as a criminal record) after 10 years.

Where does this come from.

Speeding is a crime.

Pretty straightforward.

The maximum penalty varies according to the offence, but it is still a crime.

And a criminal record is never erased, depending on the sentence, convictions generally become "spent" after a specified period. The effect of that is that, for most purposes, they do not need to be declared although for some, e.g. professions such as law, medicine etc, they never become spent.

Speeding, for example, is a criminal offence under s89 of The Road Traffic Regulation Act 1984. If you're convicted of an offence, you have a criminal record - it is that straightforward.

A fixed penalty is not a conviction - it is offered as an alternative to prosecution.

[des8]

Re: newlyns pressurized my brother to pay 350 for disputed parking fine

if you are found guilty of speeding it is a criminal offence, but it is not recorded on the police national computer, and therefore you don't 'ave a criminal record

[stevemLS]

Re: newlyns pressurized my brother to pay 350 for disputed parking fine

Sorry Des but that is wrong, the PNC is not the determinant of whether someone has a criminal record.

If you had a speeding conviction and subsequently appeared for another motoring offence, details of your speeding conviction would be supplied to the CPS by DVLA and may if relevant be presented as relevant antecedents for sentencing purposes.