newlyns baliff...help!

[betht]

Were do I start... Basically last September I had my car taken by newlyns baliffs using a anpr van due to an unpaid de pcn from walthamforest council I had no knowledge of this ticket as i had had to leave the area due to domestic issue which is being handled by the courts i was miles away from home with my 6 year old son with no money to get home the bailff did not care and i was forced to payy 912 pounds, which i has to borrow. At the time the bailiff told me i had a pcn a car i used to own but with a different council so what i was paying would cover everything. My car was released to me. However on the 1st of January the same baliff came and took my car again for the pcn on my old car even tho he told me it was delt with in September. So for months I had no knowledge these people were on my back and they new I was not at the old address due to the previous dealing. I don't get how he relesed the car knowing he was going to come looking for it again. I live in the middle off no were with little public transport and no way of being able to pay anything. I filed a declaration that saying I was not aware of the ticket , but this was opposed by the council and the said it was worth noting that that the respondent was traced to the original address and the warrant was enforced, which is not true as I've not been to that address for over a year!

[Milo]

Re: newlyns baliff...help!

Were do I start... Basically last September I had my car taken by newlyns baliffs using a anpr van due to an unpaid de pcn from walthamforest council I had no knowledge of this ticket as i had had to leave the area due to domestic issue which is being handled by the courts i was miles away from home with my 6 year old son with no money to get home the bailff did not care and i was forced to payy 912 pounds, which i has to borrow.

At the time the bailiff told me i had a pcn a car i used to own but with a different council so what i was paying would cover everything. My car was released to me.

However on the 1st of January the same baliff came and took my car again for the pcn on my old car even tho he told me it was delt with in September. So for months I had no knowledge these people were on my back and they new I was not at the old address due to the previous dealing. I don't get how he relesed the car knowing he was going to come looking for it again.

I live in the middle off no were with little public transport and no way of being able to pay anything. I filed a declaration that saying I was not aware of the ticket , but this was opposed by the council and the said it was worth noting that that the respondent was traced to the original address and the warrant was enforced, which is not true as I've not been to that address for over a year!

This is awful. At present I will try to address the current situation as that is more urgent and we will revisit the event from last year (when your car was first taken) later.

You have not said what has happened after the car was taken for a 2nd time in January. It would assist if you could respond to the following:

Where is your car now (I am assuming that it is in the car pound)?

How much is the car worth (rough value)?

Is the car subject to any finance/HP?

When the bailiff took the car in January did he attend your current address?

You should have been given a statutory form by the bailiff with full details of the debt and exact fees. Can you list these down please.

When was your Out of Time witness statement rejected?

You need to file an N244 but this is a problem as the fee is £155 (and is shortly to rise to £255). Are you in receipt of any benefits as you could be exempt from paying court fees?

Can you call the Traffic Enforcement Centre and ask them to confirm to you the date on which the warrant had been amended to your new address.

Last question....can you provide a list of the fees charged to you in September when your car was first taken.

[Big Al]

Re: newlyns baliff...help!

This action was in breach of legislation, Taking Control Of Goods 2013, reg 10(2):

(2) Where an item which belongs to the debtor is in use by any person at the time at which the enforcement agent seeks to take control of it, the enforcement agent may not do so if such action is in all the circumstances likely to result in a breach of the peace.

The car was in use, taking it stranded you and your young child. Heads should roll. Complaints to the highest level need to be made.

[betht]

Re: newlyns baliff...help!

Yes as far as I'm aware my car is in the pound. The value is around £2500. No I own the car outright. No the car was parked outside my nans house. I have never received any paper work in January I didn't actually see the bailiff just spoke to him on the phone he wouldn't speak to mw said pay the money or your car will be sold I called the office he works for and they would not speak to me and said it was down to the bailiff so I would need to speak to him. I recived the letter on the 19th of February saying the council have opposed it. I'm not able to find the fees for this letter i receive esa which is a benefit I was signed off work due to the stress and depression which this has contributed to. I payed 622.00 plus £280 for storage. I've just given them my adress when I filed for oot.

[Milo]

Re: newlyns baliff...help!

Beth, thank you.

As you will see from my above post it is important to ask background information to ascertain what may have gone wrong and to hopefully see how it situation can be resolved.

At the moment it is best to address the matter of the current seizure of your vehicle (which I understand from your above post was taken from outside of your Nan's house.

Have you received any documentation at all from Newlyn's in relation to the present situation?

When you spoke to the bailiff did he advise you how much the fees were?

I am not sure of the qualifying benefits for exemption from court fees. You will need to look at form EX160 to check. My personal opinion is that it is better in your case NOT to file the N244 for a 'hearing' but instead, to opt for the far cheaper alternative of having the case considered 'without a hearing'. I can advise further on this in the morning.

Can you call the Traffic Enforcement Centre in the morning and ask them to confirm the date on which authorisation was given to change the address on BOTH warrants.

Lastly, have you changed the address with DVLA?

[Milo]

Re: newlyns baliff...help!

Any update?

[betht]

Re: newlyns baliff...help!

Hello sorry for the late reply I have filed the n244 form and i am waiting on a court date. When I applied for the out off time forms for the pcns the council accepted that I was not at the address for the one dated 1/6/2013 and it has gone back to the 65 pounds originall ticket however this was not the ticket Newlands are holding my car on the second ticket is dated 20/8/2013. So I do not understand how the council accepted I did not receive the letter to the first and not the second I believe they do not want to pay the fees they also have said Newlands executed the warrant at my previous address which is clearly lies.. But there is nothing I can do accept wait for a court date I'm finding this very traumatic its over 3 monnths since I've had no car and don't see how they can be allowed to get away with this I'm now 7 months pregnant and constantly stuck at home

[betht]

Re: newlyns baliff...help!

I also haven't changed address with dvla as I did not know where I would be moving to as I was put in a few temporary accommodations via the council, I just dn t get how the baliff new I had a ticket on another car but released my car back to me knowing I wasn't at the address and then five months later come and take the car again its just wrong. He also said I had to pay 700 hundred pounds which was not the case he new I would not be able to come up with theses funds these people know someone like me would never be able to do a thing about it..