It was actually 21 days in which I had to pay it. I rang and paid on the 20th day(a Friday). But I see from my banks statements, the payment does not show up as paid on my account till 5 days later - outside the 21 days. Surely this is a technicality, the payment should have instantly showed up on their account, and needs 3 working days to clear. So which is it, does the payment have to be made within the 21 days, or does it have to be cleared into their account by the 21 days.

Last march, myself and a couple of mates where out on the town, anyways to put a long story short we got into a bit of trouble after the niteclub in a taxi rank, because of the trouble, myself and 2 mates got public disorder fines. Natural enough I paid the £80 fine within the 14 days, over the phone on the automated 0845 no. going into the public disorder section stating my ref no. debit card details etc, and it confirmed it was taking £80 and I taught it was all done and dusted. Until today that was, when I got a letter from the courts saying I had a £120 fine to pay for this offence by tomorrow, or it’ll be increased by 50% and treating to clamp car etc. Now I’ve gone back and checked my statements and I’ve seen that £80 was taken out of my account for the fine. I just don’t understand it. One thing I’d like to point out, at the end of the automated phone, the voice quickly read out a reference no. for the payment without warning and then it hung up, so I did not get a chance to take it down. I tried ring through to talk to someone about this, but there not open again till 2, can anyone give me advice on this before I ring.

What is a ‘Removal Charge’ and ‘Enforcement Fee’? I’ve been charged a removal charge even though my car what never removed(only clamped), nor did a tow truck arrive to tow my car. The law allows for the following ‘Removing goods or attending to remove goods where no goods are removed Reasonable costs and charges.’ So can they charge me a removal charge? Also what is an enforcement fee? Its is not set out anywhere in the law for an enforcement fee. Here is the breakdown of fees from Newlyns: PCN Debt: £155.00 First Letter: £11.20 Enforcement Fee: £145.00 Removal Charge: £120.00 VAT: £42.8 Total Balance: £474 I have already got this down from £736 and got a refund for £262.90, but am I entitled to more for charges that do not apply?

Thanks for the advice, I’m going to ring newlyns later on today. I’m going to ask them to explain what is the ‘enforcement charge’, and tell them off about the removal fee. Are you 100% sure that no removal charge can be charged if no car was removed. You say £54.60 is the most they could have charged me, but is that the most? what if you take into account levy charges, visit fees and letter fees, would it not be more? Thanks again for the advice.

Ok, Heres the latest, after many weeks phoning newlyns and sending in a subject access request newlyns rang me on Tuesday to tell me there had been a mistake on my account and that I was due a refund, she claimed this was down to an error on the bailiffs PDA machine causing more visit fees to be added to my account, anyone getting that smell!!!! So today I got a breakdown of fees with a cheque of £262.90 and a letter of apology. Here’s the original breakdown: Council Debt: £155.00 First Letter: £11.20 Enforcement Fee: £145.00 Visit Fee: £63.00 Charged in error Visit Fee: £66.00 Charged in error Visit Fee: £70.00 Charged in error Removal Charge: £120.00 Credit/ Debit Card Fee: £21.34 Subject Access Request: £8.70 VAT: £75.79 Total Balance: £736.03 The refund consists of: Incorrect Visit Fee: £63.00 + VAT: £9.45 Incorrect Visit Fee: £66.00 + VAT: £9.90 Incorrect Visit Fee: £70.00 + VAT: £10.50 All of the Card payment surcharge of £20.91 + VAT: £3.14 Subject Access Request: £10.00 Total Refunded: £262.90 Can anyone clarify if the enforcement charge is correct? Also I’ve been charged a removal charge even though my car what never removed(only clamped), can they charge this?

My tread has been hijacked. So does anyone know whats the most they could have possibly charged me?

Ok, just an update as to how I’m getting on with this. Newlyns are ******s. That said, I have issued them with a Subject Access Request with the £10 cheque which they’ve lodged, demanding a breakdown of their £546 Fees. So I’m now waiting for their reply, while I’m waiting could anybody inform me what is the most they could have possibly charged me under the Schedule 1 of the Enforcement of Road Traffic Debts (Certificated Bailiffs) Regulations 1993 and amended in 2003???

Hi all, I’m in a pretty similar position to many people here, you can read my story on the tread titled “bailiffs went to take my car this morning……” I also work from home, never had a visit from newlyns, never even received a letter till they showed up last Saturday morning and clamped my car and threatened to tow it unless I paid them £726 - £546 of this was their fees. This was the first time I became aware of them. So I had to pay them to stop my car been taken. I also informed the bailiff that I needed the car for work as I’m self employed, so can he still seize it? I’m in the process of writing up a letter to newlyns, looking for a breakdown of the £546 fees, I also am going to request evidence that they did sent me a letter, and that they made a prior visit. Can anyone give me advice what to include in it?

After ringing the TEC, they have told me for any PCN charge after the 31st of March 08 the forms have changed, you now need to fill out Form TE9 Witness statement – unpaid penalty charge and Form TE7 Application to file a statement out of time/extension of time. These don’t have to be signed by a lawyer.

That’s just it, what reason can I give? Because I did receive an Order for Recovery from Harrow. Can my reason be that I receive no warrant of execution or prior notice from Newlyns?

As i said its was Saturday morning, so are they allowed to do it of a Saturday?

Hold on, its was Saturday morning. Does this make a difference?

Thanks for that. Ok I’ll ring the TEC tomorrow morning and look to file an OOT. What do you mean by “cos the action has already been taken the council has 19 working days to respond if the council does not respond in time then you get your refund regardless due to the time it has taken to process your form” In the meantime I’m going to write to Newlyns using one of these templates about the fees. http://www.consumerwiki.co.uk/index.php/Bailiffs:_Useful_Template_Letters Also I’m self employed and told the Baliff this, and that I need my car for work. So does this mean he could’nt have seized it anyways and therefore cannot put a levy charge on it?

So what your saying is to file an OOT on the grounds that I never got pre-sent a warrant of execution. Then what happens? I’ve to wait for the court to make a decision and if they rule in my favor I receive my money back? Is it not £75 to file an OOT?

Well first up I have to put my hands up and say I did receive a notice to owner and a order for recovery(aldo I received no charge cert) from Harrow council. So I do owe Harrow council £155. But just a couple of questions……. Did Harrow council have to give me notice of them passing the debt over to a bailiff? Do Newlyns legally have to give me notice that they are coming? What is this notice? A warrant? Do they have to provide evidence that they did send a notice, eg recorded post? Are they allowed to clamp my car of a Saturday, out of office times? From reading other posts here it seems that their £546 fees have been exaggerated, how to I go about claiming defraud on them when I get the breakdown of the fees which I just know are going to be bogus and dreamt up. Would an OOT stat dec be the right way to go, but I have already paid the money to Newlyns? What about canceling the payment through my bank, by saying I was forced into paying in order to stop my car being taken there and then. Would Newlyns have to agree to this?