Hello Everyone.

I'm new here.

After days of being frustrated, I have finally joined the forum to share with you all, my recent experience with Newlyn,

with regard to parking tickets, to seek advice.

Please help.

I recently corresponded with Newlyn plc., who were pursuing a payment from me last March.

I was unsure why;

I’ve subsequently been explained by them that the vehicle,

the ownership of which I transferred to now an unknown man with the mobile number of ............ on 12/04/2013,

had contravened a parking regulation and received PCNs (11 of them!) issued by Tower Hamlet Council on 02/05/2013

(and presumably later dates for subsequent PCNs).

I had not received any of these PCNs or Notice to Owner because shortly after the sale of the vehicle,

I moved to a different address before the tickets were issued (proof of which I have in the way of credit card bills etc.).

At the time of transfer of ownership of the said vehicle,

I had lost the V5C document and was not in possession of the document

and hence I advised the man who had purchased the vehicle that he would have to complete V62

in order to complete the transfer of ownership

and that it was his responsibility to re-register the vehicle under his name .

Although it turned out that he had not done so,

DVLA’s Sensitive Case department carefully considered the case,

they agreed to amend the records to show that I was no longer the keeper of the vehicle from 12 April 2013

(the exact wording is "I have amended our records to show that you are no longer recorded as the keeper of this vehicle from 12 April 2013").

I sent this letter to Tower Hamlet Council, London and Newlyn.

The council told me that the matters are now in Newlyn's hands.

Newlyn rejected the letter from DVLA, because of the ambiguous wording.

Last Friday, an enforcement agent working for Newlyn called me at work, asking for around £4500 or else.

I nearly passed out when I heard this.

I called Newlyn to put a hold on this and they temporarily put a 28-day hold on it/

Now it's been more than a year since the original tickets have been issued.

So from reading various posts on this forum,

I understand it's too late for making any appeals to the council

and that I would have to fill in Witness Statement forms TE9 & TE7 and email TEC,

in order to at least stop the recovery warrant/procedure.

And if that's successful, I have only the original PCNs to deal with, am I right in thinking that?

Please advise me anyway you can and ask me any questions to clarify the situation further if needs be.

I am very distressed.

What can I do?!

Thanks in advance.

The debt collectors are muppets, you have a letter from DVLA proving you were not the keeper. Let them try and take you to court. Keep checkin your credit file to make sure they arnt trashing it. If they do report them to the ICO.

Thanks for that. But the debt collection agency is still breathing down my neck. Any advice on how to fill in TE7 and TE9 forms.

I wrote so far

" I have not received the original PCN as I had transferred ownership of the vehicle and I was not in possession of the vehicle.

Also, I have not received the Notice to Owner as I had moved to a different address before the PCN was issued."

Do I need to attach any evidence of that?

Also, if I'm sending the forms by email, do I just print my name twice? in the "signed" and "Print full name"??

Thanks for your help.

they are bailiffs NOT a DCA

dx

Hmmm. What's the difference?

Any more advice?

one you have to take notice of

the other .the DCA. HAVE NO LEGAL POWERS WHATSOEVER

compared to that of a bailiff

dx

This sounds like quite a complex case.

First of all ignore the rubbish about taking you to court and your credit file, etc. It's nonsense.

So far as this "transfer of ownership" is concerned - please will you be 100 percent honest about what happened. Did you sell the car, or give it away? If you sold it, did you exchange any sort of paperwork? If you gave it away, why, if you don't know the person. This really is important information, so we need to know the facts.

Now the TE7/TE9. You have stated "I have not received the original pcn as I had transferred ownership of the vehicle and I was not in possession of the vehicle.

Also, I have not received the Notice to Owner as I had moved to a different address before the PCN was issued."

First of all, don't use the phrase "transfered ownership". You can only relinquish ownership by selling it or giving it away - so be clear, so they believe you. If you sold it, say that.

And yes, include anything you can to support what you say - especially the change of address. You can presumably prove that with tenancy agreements or some such? Include copies - prove to them that you did not get the correspondence. It will help a great deal. And write on the actual form, which documents you are attaching so that is is all clear.

As for sending them by email, you can do this but I would recommend you also send physical paper copies by recorded delivery, with copies of the documents.

Jamberson.

Thanks for the insight.

Much appreciated.

I sold the car in exchange of money, to be clear.

And I have texts which prove that the transaction took place.

And also, I do have a tenancy agreement for the new place although it is sublet accommodation.

Hope this clarifies things a bit more.

Why would you say that it's a complex case?

Thanks.

they are bailiffs NOT a DCA

 

dx

Jamberson.

 

Thanks for the insight.

Much appreciated.

I sold the car in exchange of money, to be clear.

And I have texts which prove that the transaction took place.

 

And also, I do have a tenancy agreement for the new place although it is sublet accommodation.

 

Hope this clarifies things a bit more.

Why would you say that it's a complex case?

 

Thanks.

In that case, on your forms, state that you "sold it". If your texts prove it, then try and get them onto paper somehow - can you send them to email? Or photocopy the screen? If you can, then you ought to include them as evidence. I presume you don't know anything about the buyer, like a name and address? And there are no bank records to show you paid the money in?

Tenancy agreement is great - the relevant pages will prove you moved, and show when that was.

With all this it becomes a reasonably good case for the TE7/9 to succeed.

I only said it was complex because before you explained everything, it seemed that way. Now it's much clearer, I can see that it's not that complex at all. It's just a pity you don't have the buyer's personal details, which would help. You might be wise to add onto the forms some sort of explanation of how you sold it without the V5 - up to you.

Great.

Thanks for all your advice.

I sold it through Gumtree actually.

Unfortunately I don't have the details except the phone number of the buyer.

Great. So as longs as you explain that to them, your case is looking reasonable.

So the TE9 is where you tick the box stating that you did not receive the Notice to Owner. And then the TE7 is where you explain why your application is "out of time" - because you'd sold the car etc, so never knew there was a PCN outstanding, and moreover you moved house on such-and-such date, and so never recevived any correspondence about it before the bailiffs contacted you.

So long as your explanation is reasonable and plausible, it's a good case. I've seen a lot worse ones!

Let us know how it goes.

If it succeeds, then all the bailiff fees will be revoked. You will still have the original PCN against you, but you will then be able to contest liability for that on the basis that you were not the owner - but first things first.

Yup. Will keep you posted.

The only tricky thing I see is, what if they challenge my case by saying that I should have let DVLA know my new address?

But obviously because I had sold the car, I didn't see any reason to update them with any address as such.

That should be ok right?

Also, would it be worth explaining to TEC, the situation with V5C?

i have a question about the form:

It says,

"Statement of truth

(I believe) (The witness believes) that the facts stated in this application are true.

Signed

Date

(witness) (person signing on behalf of the witness)"

Do I cross out

(The witness believes)

and

(person signing on behalf of the witness)?

This is my latest draft. Let me know if it sounds sufficient or like an idiot:

"I have not received the original PCN as I had sold the vehicle (12/04/2013) and I was not in possession of the vehicle (see Attachment 1).

Also, I have not received the Notice to Owner as I had moved to a different address before the PCN was issued (see Attachment 2).

I only heard about these when Newlyn phoned me recently."

The fact that you didn't let DVLA have your new address is not important to this process. Even if you had, the council would still have written to your old address since they have to obtain keeper details from the day of the PCN, and so it makes no difference. In any case, it's not grounds to reject your application. Personally, I don't think I'd go into details.

You don't need to cross out the witness part. Just sign and date, as it says.

Your statement is OK, but I would make it a little clearer if it were me. Something like this (you can use a continuation sheet if it doesn't fit inside the box (just write "continues on a separate sheet"):

This application is late because I did not received the original pcn nor any correspondence from the council, and so was unaware there was a PCN on the vehicle.

I did not get the PCN because I sold the vehicle on 12/04/2013. It was sold without the V5C as it was lost, but the new owner agreed to complete a V62 in order to have the vehicle registered to him from that date. He must have failed to do so, but I can show evidence of the sale (see Attachment 1).

I did not then receive the Notice to Owner (or later correspondence) because shortly after the sale of the car, I had moved to a different address in the belief that I was no longer registered at DVLA. Consequently, you were writing to my old address using out-of-date keeper details. I attach proof of my address, and of when I moved (see Attachment 2).

Therefore, I apply on the basis that I did not receive a Notice to Owner, because it would have been sent to my old address.

Jamberson,

Wow. It just sounds so much clearer than my mumbo jumbo.

Thank you so much for this.

I'm so grateful. I'll get to this at lunch time!

Would it be helpful to write that I'm a law-abiding citizen, who has no previous record of court action etc?

Or is that too trite?

No. It wouldn't affect their decision, and might sound cheesy.

lol. yeah it does.

Hello,

Just an update to let you folks know I've sent the TE9 & TE7 forms to:

[email protected]

I have also sent hard copies to TEC by post, as advised.

Thanks everyone and I will update you as soon as I hear anything from them.

One question; would you advise me writing/telephoning the Tower Hamlet council and/or Newlyn that I have done so?

As I've said in the original post, Newlyn put a hold on the recovery procedure for 28 days from last Friday.

I'm guessing it will take more than 28 days for TEC to sort this out, right?

Please share any experience.

Much appreciated!

You don't need to advise them now, because the case is already on hold. Nothing will happen.

Maybe if you've not heard anything in a week's time, give the council a call and check they've received the TE7/TE9 from TEC.

Oh Ok. Thanks Jamberson.

What's the time scale for these things?

As in, from application submission to correspondence from TEC/Council?

I read from this thread (http://www.consumeractiongroup.co.uk/forum/showthread.php?346925-Enforcement-of-Road-Traffic-Debts-Collect-Services-Ltd-Model-approach&p=4556009#post4556009 )

I understand that it took her from her submission on 30/04/2012 to delivery of decision by the court on 02-06/06/2012.

In her post, she said she received their acknowledgement of receipt, saying :

" I have received an email from TEC saying they have acknowledge reception of my appeals.

they have sent it over to the Local Authority (which I suppose is the Council) and I will receive and answer in 19 days."

I received their acknowledgement of receipt by email.

It said, if the application is received Monday – Friday by 4pm, it will be processed on the day of receipt. Do they mean, they will actually decide on the day of receipt??

Confused again... :I

The time scale varies widely, but 2-3 weeks is typical. As I said, if you don't hear back from the Council with some sort of confirmation, just give them a bell and check they received the application from TEC.

What happens is that TEC get the application from you. They then notify the Council same day by email. The Council the put an immdiate hold on the case for something like 100 days, and instruct the bailiff not to take any further action until notified. This suspends all enforcement for as long as they need.

Then, in the next few days the council receives your paperwork from TEC by post (at least, that's how it used to be done) and they have something like 28 days to consider it and make a decision.