It is official - Excel Parking Fines Deemed unenforceable

[RichardM]

Penelope.

 

You are being intimidated by ONE posting.

 

If Newlyn ever tried to do such a thing, you report the matter to the police as THEFT and TRESPASS. Unless a debt collector has a court order, THEY ARE NOT ENTITLED TO DO ANYTHING TO YOUR PROPERTY. If the Police side with them, get their numbers and report them to the Chief Constable. Then go to Trading Standards, the papers, and anyone else.

 

Even if they did clamp the car, they have to remove the clamp as soon as an agreement to pay is made. That's the law. There is nothing to stop you paying on a credit card and then phoning the bank straight away and tell them that payment was made under duress and to charge it back immediately. They're not going to go to court and tell a judge that they tried to take your property without a court order then, are they?

 

I would suggest, if you are really that worried, you ignore the Newlyn specific threads, and concentrate on those threads, like Pete's sticky which sets out your rights, and how these companys are trying to extract money. Learn about your rights and what to do if a company try to intimidate you. Forewarned is forearmed and knowledge is piece of mind. These companys prey on those who are ignorant of their rights. Don't be one of them and they will give up without a penny.

[RichardM]

You can twist it as much as you like if it makes you happy but it was a light hearted comment get over it! But just to clarify if my solicitor charges me £16 for just ONE letter, the costs of being taken to Court one would assume would be much greater and easily be more than the 'parking charge'. If I had to attend Court I would claim much more than £60 costs I'd be a fool not to, even loss of earnings for a couple of hours would be £60.

 

You can claim whatever you want in county court.

 

What they will agree to pay you is an entirely different matter, and I would suggest that if a PPC goes to court over a parking invoice claiming losses of £xxx plus costs of £xxxx, you will get laughed out of court without a penny, and very much out of pocket.

 

That's probably why the PPC's don't use solicitors. Because they know there is absolutely no way of recouping the ridiculous costs that solicitors charge because the case is almost certain to end up in County Court.

[Barnsley Boy]

I have been looking around the forums connected to NEWLYN and have read about someone having newlyn arriive on their drive way and clamp their car, the police turning up and taking newlyns side and this guy having to pay £1008!!!

I know most people are saying that it is highly unlikely that this will ever get to court but will they arrive on my doorstep and take my car or try and climb through the window to get my things!!!

 

see the post by HAZZA 'Newlyn impersonating a bailiff, supported by Ealing Police, forced to pay'

 

Newlyn are amongst other things, bailiffs. The important thing to remember is that they can only actually act when there is an outstanding CCJ against you. You would have to be taken to county court, lose your case and default on payment for the bailiffs to be let loose. There is a vanishingly small chance of this actually happening.

 

If they did otherwise, it is they who would come unstuck.

[JonCris]

g&m now it's a light hearted remark - I see PTOO - & no I didn't twist anything you claimed as any one who can read & understand English will see

[JonCris]

Newlyn are amongst other things, bailiffs. The important thing to remember is that they can only actually act when there is an outstanding CCJ against you. You would have to be taken to county court, lose your case and default on payment for the bailiffs to be let loose. There is a vanishingly small chance of this actually happening.

 

If they did otherwise, it is they who would come unstuck.

 

In an ideal world your would be right BB but this ain't an ideal world & this bunch pretty much ignore what's right & what's wrong. The OP is right to be concerned as they may well turn up to snatch their car, ably assisted by their 'colleagues' in the police.

 

The OP must go on the offensive now!

[adamna]

The costs of taking someone to court are borne by the person taking the action unless the judge awards costs. This is not relevant to the 'cost' of the 'fine', and as such, it is not a 'bargain' for a few minutes overstay. This has been pre-set by the parking company without any relevance or reference to possible later court action and is evidently a rip off with menaces by various sets of nasty chancers.

[green_and_mean]

g&m now it's a light hearted remark - I see PTOO - & no I didn't twist anything you claimed as any one who can read & understand English will see

 

 

I can read and no where did I claim my solicitor charged £60 for a letter, maybe you cannot read??

 

If you saw how much my local taxi charges just to go into town, £60 to go 100 miles is a bargain! Does this mean my local cab company charges £60 to go into town?? No!! You need to go back to school and learn how to read properly.

[JonCris]

I doubt it

 

You stated that the poster should be thankful that they had only been charged £60 or thereabouts because they should see what your solicitor charges for sending a letter - if that's not implying that your solicitor charges more then I don't know what is

[Rooster-UK]

Please limit your posts to the thread subject and refrain from insultining each other.

 

Rooster-UK.

[JonCris]

Rooster you spoilsport you;)

[Barnsley Boy]

In an ideal world your would be right BB but this ain't an ideal world & this bunch pretty much ignore what's right & what's wrong. The OP is right to be concerned as they may well turn up to snatch their car, ably assisted by their 'colleagues' in the police.

 

The OP must go on the offensive now!

 

I take your point but I still stand by what I said. For a bailiff to act without relevant papers would be theft. The individual concerned would be subject to criminal proceedings and the firm could lose its licenses and be subject to substantial fines. I really don't see any of these debt collection agencies risking this for mickey mouse unenforceable parking "fines"

 

I do agree that the OP should write to Newlyn denying the debt, refering back to the PPC, as BtB's template letters.

[JonCris]

I have no doubt your correct but as far as theft is concerned the police would say "it's a civil matter mate" as they have many times before as many on here can testify

[green_and_mean]

[penelope pitstop 23]

Hi all,

i was feeling a bit dubious about who you all are????

are you working for CEL or Newlyn offering bad advice so the debts escalate?????? it seems that this comment caused a lot of offence and was meant in irony, i should have added !!!!! and maybe a ha ha after the comment but i had hoped that it would have been read with the pinch of salt it was meant. no offence or insult was meant - does this clear things up for the main person who took this so personally??

 

I have continued to recieve threatening letters from newlyn with the latest saying NOTICE PRIOR TO COUNTY COURT PROCEEDINGS. that my total outstanding may now be registered in county court and the baliffs would be allowed to come and remove stuff.

 

I live on a shared property.

I have absolutely no money and am getting really freaked out, especially as all the threads about civil enforcement plc and newlyn seem to have dried up.....

Are people going to court and are people getting the balifffs round????

 

help

pp23

[adamna]

I don't think you need to worry, and there are plenty of threads of similar situations, civil enforcement and newlyn are only two amongst many.

 

I'm sure more folk will be here to reassure you soon.

 

Bailiffs have to have a warrant to apply to you for the debt, and you have to lose a court case for them to get a warrant. It seems no-one has lost a court case yet.

[penelope pitstop 23]

Hi.

I have been looking at this website

 

EDIT - COMMERCIAL LINK REMOVED

 

after a lot of reading it seems that a PCN whether it is parking charge notice or penalty charge notice is the same thing and that it does have law to stand behind it contrary to what a lot of people have said in various threads on this forum.

 

Newlyn plc are certificated bailiffs which according to the afore mentioned website have legal powers to come to my home and sieze goods to cover the debt.

 

What i am confused about is when they apply to the court for the 'warrant of execution' will they just get it and then come to my home to get things or will this be my 'day in court'?

 

I am really confused and very very distressed. I looked at this site after receiving my first letter from CEL asking for an extortionate amount of money for staying just over half an hour over my free period which i had no idea was there in the first place.

I had originally thought the letter/fine was a [problem] thats why i looked it up on the web and found this site and began to follow the info here, trusting - maybe stupidly - that the fine and enforcement of it was avoidable.

 

the fine has escalated to an even more extortionate amount and as i couldnt even afford to pay the reduced fee at the start and i certainly cant afford to pay the fee they are charging now.

 

I really cant afford my car to be siezed and i am very scared of this impeding bailiff scare as they could easily enter my home.

 

i also live on a shared property with many other homes and vehicles and i dont want them to come along and take anyone elases stuff as we all have the same address.

 

Am i going to get taken to court?

Or are they just going to get a warrant of execution without me having any knowledge of this going through court?

They are a private parking company not the council etc and these guys are in busines to make money so know how to do that.

 

If anyone has had these same threatening letters and are at the same stage of the process as me please please let me know as i am really scared and dont know what to do.

 

I really cant afford to pay and really cant afford the amount to go up anymore or lose any of the few items i currently posses.

 

PP23

Edited July 26, 2008 by alanfromderby

[Michael Browne]

First calm down,

 

 

 

I have been looking at this website

 

EDIT - COMMERCIAL LINK REMOVED

 

after a lot of reading it seems that a PCN whether it is parking charge notice or penalty charge notice is the same thing and that it does have law to stand behind it contrary to what a lot of people have said in various threads on this forum.

Bailiff Advice is only about PCN's from councils. You have a Parking Charge Notice and they are NOT the same thing at all

Newlyn plc are certificated bailiffs which according to the afore mentioned website have legal powers to come to my home and sieze goods to cover the debt.

 

What i am confused about is when they apply to the court for the 'warrant of execution' will they just get it and then come to my home to get things or will this be my 'day in court'?

First they have to issue a claim, then get a hearing date and finally actually turn up in court and win. Only then can they get a WoE

I am really confused and very very distressed. I looked at this site after receiving my first letter from CEL asking for an extortionate amount of money for staying just over half an hour over my free period which i had no idea was there in the first place.

 

I had originally thought the letter/fine was a [problem] thats why i looked it up on the web and found this site and began to follow the info here, trusting - maybe stupidly - that the fine and enforcement of it was avoidable.

It is if you follow the guidelines

 

the fine has escalated to an even more extortionate amount and as i couldnt even afford to pay the reduced fee at the start and i certainly cant afford to pay the fee they are charging now.

 

I really cant afford my car to be siezed and i am very scared of this impeding bailiff scare as they could easily enter my home.

 

i also live on a shared property with many other homes and vehicles and i dont want them to come along and take anyone elases stuff as we all have the same address.

 

 

Am i going to get taken to court? No

Or are they just going to get a warrant of execution without me having any knowledge of this going through court? No

They are a private parking company not the council etc and these guys are in busines to make money so know how to do that.Not if you stand up to these bullies

If anyone has had these same threatening letters and are at the same stage of the process as me please please let me know as i am really scared and dont know what to do.

 

I really cant afford to pay and really cant afford the amount to go up anymore or lose any of the few items i currently posses.

 

PP23

Edited July 26, 2008 by alanfromderby

[penelope pitstop 23]

so i just sit tight and wait then?

 

easier said than done but i guess ther is nothing else i can do, i cant pay.

 

can i ask what your background is for the knowledge advice you give?

[Bernie_the_Bolt]

Hi.

I have been looking at this website

 

EDIT - COMMERCIAL LINK REMOVED

 

after a lot of reading it seems that a PCN whether it is parking charge notice or penalty charge notice is the same thing and that it does have law to stand behind it contrary to what a lot of people have said in various threads on this forum.

 

Some of the "advice" that is given appears as if it might be deliberately designed to confuse as between a PARKING Charge Notice and a PENALTY Charge Notice.

 

It is up to you who you wish to believe, those who have a vested interest in you sckering for a [problem] or those who freely give their time and wisdom in assisting others.

Edited July 26, 2008 by alanfromderby

[pin1onu]

so i just sit tight and wait then?

 

easier said than done but i guess ther is nothing else i can do, i cant pay.

 

can i ask what your background is for the knowledge advice you give?

Penelope,

 

BtB is the author of the excellent template letters you will find in the stickies section of this forum. I have always found his advice very level headed and would consider his advice as coming from an informed source. It is clear from his posts that he takes the time to check things out and thinks about things before he posts.

 

Have a read of Pete Jone's excellent guide (in the stickies section) Private Parking Companies/Charges. He lays out the reality of Parking Charge Notices as opposed to Penalty Charge Notices. I have taken the time to research his references and for what its worth found them to totally valid. It is an excellent piece of work, concise, well laid out and logical and far more importantly understandable.

 

As for my background - I spent 12 years as an IT contractor and have learnt a considerable amount about contract law through various parties. I wouldn't place myself in the expert category but have more than a passing interest and know some of the "dirty tricks" used in this area.

 

One common dirty trick in the contract world is the use of threats and misleading statements in order to bully or intimidate. P.T. Barnum is alleged to have said "there's a sucker born every minute". Please don't fall for the misleading statements of the website you looked at.

 

BTW If you have genuine concerns about bailiffs there is a bailiffs sections here on the CAG forums with some extremely knowledgable people posting on it.

[JonCris]

The OP asked earlier if those giving advice are in league with the bailiffs implying they are only in trouble because of the advice given which they now believe to be wrong

 

Despite all the evidence to the contrary not just on this site but many others that the term 'penalty' invalidates a parking ticket they choose not believe us & others but are prepared to accept 1 other sites advice.

 

Sorry to say & I could be wrong but this makes me wonder if in fact the OP is the plant posting their derogatory remarks in order to undermine the site

[adamna]

I doubt it, it is easy to get paranoid though. There is plenty to fear, they're banking on it (literally).

[penelope pitstop 23]

No i'm not a plant JonCris!

Neither did i ever imply anyone was in league with the bailiffs.

 

I am a person who is being scared by threatening letters and i am looking for help.

However i am not going to be so naive as to believe everyone on the internet blindly.

I appreciate the time and effort that people put in by offering advice and am thankful.

When demands for money and court proceedings land on the doorstep its frightening and even though the charges are unjust they are intimidating enough to make a person want to cave in.

Obviously the people that send out these letters must look at these forums

and i do not want to spread fears or doubts by questioning peoples expertise but rather waylay my own.

 

I has not been my intention to offend any of the helpful posters and i hope you understand where i am coming from.

[JonCris]

In that case pen stop attacking to folk who are giving up their free time to try to help you by suggesting they might be in league with the DCA

[penelope pitstop 23]

JonCris there have been no attacks.

 

 

Why dont you read before you accuse and stop making suggestions of offense that arent there or implying there are derogatory remarks that arent there.