Newlyn - help please can they do this?

[mummybird]

My son was given with a penalty charge on 30/07/07 by London Transport for 100.00 for supposedly stopping on a red route. He disputed this but they rejected his claim. A photo was sent to him which shows that he was stationary for 36 seconds. he claims that he was waiting to pull out p ast a parked car.

Anyway he was angry and refused to pay, but now the whole think has escalated. A second notice came putting the charge up to 150.00. A third notice - 5/09/07 Order for Recovery - unpaid penalty charge

"an order to recover a penalty charge has been made against you at the Traffic Enforcement Centre at Northampton C.C."

You must pay within 21 days.

This was for £155.00

 

13/09/07 NOTICE OF SEIZURE (from Newlyns) This was for £125.00 plus £13.16 fees

17/10/07 NOTICE OF SEIZURE (from Newlyns) (This was for £125.00 plus £182.62 fees

26/02/08 double sided sheet of paper - Baliff Removal 431.00 & Associated Costs.

other side Warrant of Execution from Northampton CC PE9

 

I also note that Newlyns Penalty Charge No. is not the same as Transport for London's No.

My son received no other notification. Would it have been transfered to his local court. Should there be a breakdown of costs.

Can I write to Newlyns for S.A.R - (Subject Access Request)

 

Please help

[Guest Screw The Bailiff]

Prepare a letter to Newlyns based in this template and add the following text as the final paragraph.

 

This document is delivered by Royal Mail and I deem it to be served on you by the ordinary course of post in the meaning of Section 7 of the Interpretation Act 1978 and therefore your responsibility and in your own interests this letter is handed to the relevant person within your organisation.

I am assuming that London Transport you mean Transport For London, the fees seem disproportionately high and ask them to give you what fee schedule they are using to set those fees within seven days otherwise you will automatically write to the certificating the court for taxation. (the court to verify the fees are lawful and fair).

 

You can S.A.R Newlyns (cost £10) with this letter.

 

It might be a good idea if you issue notice to Transport For London under the Freedom of Information Act 2000 and get the agreed fee schedules they have for their bailiffs. Template.

 

If theres a name of bailifd on the documents you have then check he is kosher and report back if you find an irregularity and we can advice on further options.

 

Try and get the penalty paid direct to TfL and get the matter out of the hands of the bailiffs.

[mummybird]

Thank you Screw the Bailiff for all that info. sent so quickly. I will start straight away. There was no name on any of the forms from Newlyns.

best regards mummybird

[Guest Screw The Bailiff]

Send this template to the bailiffs instead - it has a bit more kick.

[mummybird]

I've had a look at all the templates suggested. Hope you don't mind a couple more questions. Should I get the fees from Transport for London first or when I write to the Bailiff am I only offering to pay the actually parking fee?

[Guest Screw The Bailiff]

See if TfL will accept a payment over the phone to clear the debt, then you can tell the bailiff its all paid up if they show on your doorstep & theres no fees to pay at all.

 

If you have to pay the fees the ALWAYS pay using a crdit card, that way if you later find you were defrauded in fees by the bailiff then you can screw the bailiff. What goes around comes around - as they say.

[JonCris]

36 seconds! Did you appeal this fine

[mummybird]

Hi JonCris

Yes he did and they rejected it and he got p....... off and ignored the letters

[Guest Screw The Bailiff]

Its very nice of you to clear up his fines, I wish my mum did that.

 

If your son lives with you then the bailiff must not levy on your goods for his debt. Prepare a letter based on this template in case a bailiff thinks otherwise.

[JonCris]

You don't say who rejected it. TFL or the adjudicator?

[mummybird]

Hi Joncris

It was rejected by Transport for London

[Guest Screw The Bailiff]

Go to NPAS, not sure if they handle red route appeals. The pepipoo forums is a good place to start.

[Guest Screw The Bailiff]

I've tried to breakdown the fees newlyns ae quoting you. There is no resemblence with any prescribed fees, and afforded by the faxct you have not given entry to your property or the bailiff has made a valid levy.

 

Make a copy of that Newlyns notice and send it to your local police station with a covering letter based on this template and see what comes. It looks like they are committing an offence under Section 2 & 4 of the Fraud Act 2006 and probbaly more.

 

Do let us know what happens.

[rambo]

Do not bother appealing this ticket, if it's a double red route you CANNOT stop at anytime. I am a london private hire driver and we get tickets for dropping off for less than 10 seconds. We have only recently got exemption.

[JonCris]

Rambo as I understand it the OP's route was blocked by another vehicle!

[mummybird]

Thank you for that info "Screw the Bailiff"

I have one more complication to add.

At the time of the parking ticket my son lived with his father, so the Bailiffs letters have been sent to that address. Since then he has been travelling with his job and I have been handling all his correspondence (translate that as sorting out all his problems!!) using my address as a c/o.

 

Yesterday, bearing in mind that his father is just recovering from a heart attack( didn't want him to have another!) and is not computer literate, so doesn't have access to the wonderful CAG,I copied the template letter "Claim of Ownership and chattels", forwarded to my ex. to be sent recorded delivery to Newlyns immediately. I also have the same document prepared for them for myself. You will see why from my next paragraph.

 

Now obviously I need to make my next move, and Newlyns will need to know my address. As you said their figures don't make sense. Should I

SAR them, or write to the Police as you suggested or get in touch with Transport for London as you also suggested.

 

I just don't want to make any mistakes.

 

I really appreciate all your help

Regards

Mummybird

[Guest Screw The Bailiff]

I wouldnt give them a new address, you could be holding a red rag to a bull!

 

If you can keep the correspondence address at his fathers as thats the only address they have. To be honest your son should to be dealing with this so tell him to pay the fine to TfL, get a receipt and give a copy to your ex to hand to a bailiff through a window if one turns up. That way he's shot of it and Newlyns are out of the picture because they cant enforce just for their fees.

 

Tell your ex NEVER open the door to a bailiff, keep the property secure until this matter is resolved, and tell the bailiff his son no longer lives there & ask the bailiff to leave. I don't see why a bailiff should give you any trouble.

 

Have your son change the RK address of his vehicle, the last thing your ex wants is nuisance letters & bailiffs calling.

[PizzaMaker]

If the person who owes the debt resides at another address, then the bailiff company have to return this warrant to TfL Bus Lanes who will then either inform bailiff company to send a first letter to the new address at £168.16 or send out a notice themselves.

 

You can not pay TfL direct.

[JonCris]

If the person who owes the debt resides at another address, then the bailiff company have to return this warrant to TfL Bus Lanes who will then either inform bailiff company to send a first letter to the new address at £168.16 or send out a notice themselves.

 

You can not pay TfL direct.

 

Yes you can. That you can't is what the bailiffs would like us to believe

[Guest Screw The Bailiff]

I concur with that, I had a c-charge penalty and I paid it to TfL.

 

If any creditor says its in the hands of the bailiff we cant accept payment then the general advice is either pay, or keep your home secured & NEVER open a door to a bailiff until either, the matter is resolved or the bailiff has no choice but to return the case back to the creditor - and a that point the case usually closes nulla-bona unrcoverable.

[mummybird]

Ok I telephoned Tfl on Thursday, to pay it on my credit card, but it was an automated line which said they could not accept payment cos it was in the hands of the Bailiff. I spoke to a real person who said they were very busy and would call me back, but haven't. I will call them on Monday and try to pay again. If I pay by CC what about a receipt? Can I use my cc statement. So Screw the Bailiff, when you paid Tfl had it already been passed to the Bailiff?

[Guest Screw The Bailiff]

No it hadn't passed to bailiff when I paid on receiving the NTO.

 

I do know that if you don't allow a bailiff access to your home and you are not in when he calls he'll eventually have to return the debt back to TfL as nulla-bona unenforceable and TfL's case will probably come to nothing. It takes nerves of steel if you are home when he calls and you decide not to answer.

 

Your credit card statement is questionable and a bailiff could contend it might not in payment for THAT debt to TfL

 

Keep on at TfL and try & get it paid direct. Record your call if possible and ask TfL if they wont accept payment, then ask why they cannot or will not accept payment. Remind them you arent liable for your sons debt and you will consider the liability discharged because the bailiff will be unable to enforce. Never give any new information unknown to TfL or their bailiff.

 

Between you and I, if you pay with a credit card then you could screw the bailiff. It might be dirty - but it's perfectly legal - and no more dirty than TfL is being with you by fobbing you off with the old - its in the hands of the bailiff excuse. Never give you or your sons current address or where the vehicle can be found.

[JonCris]

Oo'er I do like it SB[/url]

 

 

 

 

 

[mummybird]

Well the car is not a problem. He was in a nasty accident last year. He was taken to hospital and the car was a total write-off. He hasn't even been told what happened to his car, despite being in touch with the police. But that's another mess-up I'm trying to sort.........!!!!

 

I will spend as long as is necessary speaking to Tfl on Monday and see what happens. I'll play the sob story with them, which I'm pretty good at. Wish me luck

[mummybird]

Some news. It was not Transport for London I discovered. He's had several tickets! It was from Islington. So I rang Islington who were quite helpful and they transfered me to A Bailiff Liason Officer and told hime the whole sorry story and he phoned Newlyns and then called me back and had got the total reduced to the original fine plus £85.00 costs, which I agreed to as this reduced the bill by nearly £200.00

 

So thanks for all your help

best wishes

Mummybird