Viktoria

[Viktoria]

Hello there!i was wondering if someone can give me an advice.
many cars including mine were stoped by police today,i did asked what is the reason and they said we will let you know but after we check the car.
The car i was driving is my disabled father motability car,but i am his driver.
Policeman said the reason we stoped you is that you owe £620 to newlyn plc.
it was a shock!i wanted to find out more deatails about it and the only information they gave me was:the car was captured by camera onA10 on the 4/12/12.you can get more details and pictures if you go to the website and type your refference number.that's all.
He said -5 letters we sent to you since december and you didn't pay the penalty charge which was £60.
i haven't received even one of the letters!!!! Is been very long time since they have issued the penalty.

bailiffe were there as well taking the payments.
they said to me you have to pay by card now or we have to take the car untill you make the payment.
Ones you make the payment you can dispute and appeal.
i was so scared because this was my fathers mobility car and i thought is better i make the payment and then i will appeal.i was advised from them if the car is registered at my fathers address or with motability address,as if is with them all penalties goes to them first and thy are responsible to forward them to us.
I did asked they in case i cAnt afford to pay because i dont have enough money in my account what they will do?
He said-we will ask you to call friends and relatives to help with the payment.
i made the payment and i think i made a big mistake!!!
once you pay bailiff is probably impossible to get any money back even if you appeal.
I cant prove that we havent received any letters !
i am thinking about calling my bank and cancel the payment.
do you think if i do it i will be in trouble!
thank you very much

[Viktoria]

Re: Viktoria

I forgot to mention that i tried to find details about the penalty charge on council website but i only have the receipt for the payment i have made so reference doesn't match. How can i find the reference if i didnt get any letters about it?

[charitynjw]

Re: Viktoria

Hi Viktoria, & welcome to Legal Beagles.

If you don't mind, I will stand back from this & await the response from one of our more learned contributors, name of 'bluebottle' (does exactly what it says on the tin, he is a retired police officer.)
Knowing him & the dim view he takes of bailiffs, well, suffice to say I don't want to be within range of the nuclear blast, lol! :boom:

[enquirer]

Re: Viktoria

The police were stopping cars on behalf of a bailiff and helping them enforce payment? See a solicitor at once.

[bluebottle]

Re: Viktoria

:mod::mod::mod::mod::mod::mod:
Hi Viktoria,

Could you advise where this took place and which police force was involved, please? Also, which local authority issued the PCN?

A Motability car is classed as exempt from seizure by certificated bailiffs or High Court Enforcement Officers (HCEOs) as it is third-party goods and only goods belonging to a debtor can be lawfully seized. I, for one, would like to know what the hell the police were doing assisting a bunch of crooks like Newlyns.

Were you given a breakdown of the money Newlyns extorted from you? Have you moved home since the PCN was originally issued?

[Viktoria]

Re: Viktoria

Thank you very much for your response charitynjw.
i have never been in this situation before so will rely on you all!

[Viktoria]

Re: Viktoria

Hi Enquirer.
yes there were together with newlyn collecting outstanding penalty charges.

[Viktoria]

Re: Viktoria

Hi Bluebottle.
Thank you very much for your response.
i was only told the penalty charge is from 4december 2012 on A10 in London.this is all i know about it.they said -you have the reference number on your receipt so you can see more details on the website!
this is happened in walthamstow(london) yesterday.
Is been 9years since we live at this address so this should not be the reason we have not received even one of this 5 letters.
i am just looking at another penalty charge we had and there are 2 addresses on the letter.1st address is motability and second our address.
do you think they have sent them all to motability and they have not forward it to us?
thanks again

[bluebottle]

Re: Viktoria

Hi Bluebottle.
Thank you very much for your response.
i was only told the penalty charge is from 4december 2012 on A10 in London.this is all i know about it.they said -you have the reference number on your receipt so you can see more details on the website!
this is happened in walthamstow(london) yesterday.
Is been 9years since we live at this address so this should not be the reason we have not received even one of this 5 letters.
i am just looking at another penalty charge we had and there are 2 addresses on the letter.1st address is motability and second our address.
do you think they have sent them all to motability and they have not forward it to us?
thanks again

Was the Motability car you were driving at the locations stated on the PCNs on the dates stated? You may have been a victim of number plate cloning or, even, car cloning.

Number plate cloning is, very simply, someone who puts a false number plate on their car and the owner of the vehicle with the legitimate number plate gets a load of hassle.

Car cloning is a bit more sophisticated. With this, the cloners choose a vehicle identical to a legitimate vehicle and put a false plate on it. The owner of the legitimate car with a legitimate plate then gets hassle.

If this is the case, you need to get a solicitor involved as soon as possible.

The Metropolitan Police have been involved in this sort of scam on previous occasions and, quite rightly, have come in for scathing criticism and awkward questions as to why police officers and PCSOs were assisting scumbags like Newlyns to collect unpaid PCNs. You need to challenge the local borough commander for the area in which this happened. In the Metropolitan Police, a borough commander is a police officer holding the rank of Chief Superintendent. Ring the 101 number and ask for the postal address for the station where the borough commander is based for Waltham Forest.

If you do not received a satisfactory response, I would then go straight to the top. Address your complaint to -

Sir Bernard Hogan-Howe
Commissioner
Metropolitan Police Service
New Scotland Yard
5 Broadway
London
SW1H 0BG

Ask them to cite the legislation from where they are drawing their authority to stop vehicles on a public highway at the behest of private-sector certificated bailiffs.

[CleverClogs]

Re: Viktoria

Ask them to cite the legislation from where they are drawing their authority to stop vehicles on a public highway at the behest of private-sector certificated bailiffs.

Not just stopping vehicles without, it would seem, any reasonable suspicion of a traffic offence being currently committed, but also assisting a Newlyn bailiff who threatened to seize a vehicle he could not lawfully seize.

The words "misconduct in public office" may spring to one's mind, but would the Commissioner also be guilty?

[wales01man]

Re: Viktoria

As I see it its the Police doing the job for a private company are these debts not a civil matter?

[bluebottle]

Re: Viktoria

Not just stopping vehicles without, it would seem, any reasonable suspicion of a traffic offence being currently committed, but also assisting a Newlyn bailiff who threatened to seize a vehicle he could not lawfully seize.

The words "misconduct in public office" may spring to one's mind, but would the Commissioner also be guilty?

Some bent coppers use the Terrorism Act to facilitate this sort of thing. Unless they can cite lawful reason for stopping you, they are abusing their authority. It may also amount to Corrupt and Improper Practice, which is a sacking matter.

The Commissioner is vicariously-liable for the actions of any corrupt officer, as it relates to any civil tort and liability.

[bluebottle]

Re: Viktoria

As I see it its the Police doing the job for a private company are these debts not a civil matter?

Unless it's for an unpaid magistrates court fine, certificated bailiffs and the plods are on very unsafe ground, legally, IMHO.

[enquirer]

Re: Viktoria

Ask them to cite the legislation from where they are drawing their authority to stop vehicles on a public highway at the behest of private-sector certificated bailiffs.

We assume that he was in fact a certificated bailiff. If he was only a DCA, then it gets even uglier for plod.

[Viktoria]

Re: Viktoria

Hi again.
I am so confused amd i.dont know where to start from.
Do you think first of all i should call newlyns and find out PCN fererence number?ones i find out i can check all details and pictures on the local autority website?