Issue with Newlyns

[JamboJack]

This morning we awoke to find that our car had been clamped whilst sitting on our driveway. We eventually discovered from a Newlyns bailiff that the clamp was placed upon the vehicle due to outstanding parking penalty charges (two in total). One of these charges was disputed at the time due to it being issued whilst the driver of the car was administering vital medication to a patient in their home. Upon returning to the vehicle, the battery was flat and as a result would not start, the driver returned to the patients house but left a note explaining the situation in the window. Upon returning to the car, a penalty charge was attached to the windscreen. This ticket was issued in July, and since our dispute, there has been no further correspondence form either the council or Newlyns.

 

Today, we have paid a total of £780.41 to a Newlyns bailiff, who claimed that we had recieved letters from the company prior to his visit. On opening this mornings post, after having dealt with the bailiff and payed the money, there was two notice of seizures from Newlyns claiming that we owed £122.88 and £92.88. After speaking to Newlyns, the lady we spoke to was unable to confirm the reasons for the drastic rise in costs. Can someone please explain why an original bill of roughly £215 has risen to £780? This seems a rather large increase for only bailiff charges and we would like to know where we stand.

[vexlitigant]

First things first.

 

How did you pay?

 

 

• If by cheque stop the cheque
  

 

• If by Debit card speak with bank
  

 

• If by C/ Card speak with issuer
  

 

• If by cash, did you get receipt?
  

Not 100% sure, but with last two i think you have a small period of grace

[JamboJack]

We paid in cash.

[vexlitigant]

We paid in cash.

 

 

Got a receipt??

Edited December 8, 2008 by vexlitigant
grammar

[vexlitigant]

In lieu of this type of action from a bailiff, always consider

 

and the appropraite safety clothing & goggles

[JamboJack]

Yes we have a receipt, and the angle grinder was seriously considered, but warned that a tow truck would be here in 10 minutes if we tried.

[vexlitigant]

Ok, so you have the receipt from Newlyns for £780.41. Areb there any signatures on the recipt

 

Subsequent to paying that, you established that there were TWO seizure notices for £122.88 and £92.88 respectively. This gives a total of £215.76, meaning that you appeared to have paid £564.65 on top.

 

So you should try to ascertain how much may have been slapped on top to cover the Bailiff's visit, clamping, and clamp removal. They should have told you how they reached 780 quid when you paid them. The fees chargeable by most bailiffs are legally regulated in various statutory instruments, however that does vary according to the type of debtI would suggest that you do not ring Newlyns straight away, but contact the issuing authority / council and ask nicely if they can share the terms of engagement (the terms in which they instruct Newlyns). Sounds a pain in the a**e, BUT you haver parted with the dosh, and Newlyns will neither give it up easily, or tell you the truth if they know that you are trying to establish the reason for such a big difference in monies claimed and the monies taken.

 

The main trade associations are the Certificated Bailiffs Association (CBA) and the Association of Civil Enforcement Agencies (ACEA). CBA can be contacted by writing to:

c/o Ridgefield House

14 John Dalton Street

MANCHESTER

M2 6JR

tl: 0161 839 7225

ACEA can be contacted by writing to:

Chesham House

150 Regent Street

LONDON

W1R 5FA

 

 

Somewhere in there, i am sure that you MUST have the right to a reasonable amount of time (a period of grace) between receiving a letter of seizure (2 in your case) and attempting settlement of the debtof the seizure letter(s). So can you tell me the date on the letter of seizure, and the postmark (date of posting) on the envelope.

 

I have a friend that drives a cab in London. He racks up plenty of tickets, and rightly or wrongly, some do not get paid. He knows this, and doesn't have to go through what has happened to you this morning, as he leaves his cab securely parked in London before going home (not because he is concerned about bailiffs, but because that is how he has always worked). Point of telling you this, is that he has had Newlyns on his case more than a couple of times, and they (i) shown up without warning, but without a car to clamp, or posessions to take as they have not been allowed in to his house, and (ii) broken all the rules in the book by dropping similar notices of 'intended' seizure through the door without an envelope (in breach of OFT guidance on debt collection). In other words, those notices would not have given fair warning.

 

Hope this is helping, Vex

[JamboJack]

This is helping a lot mate, thanks. We are in the process of trying to establish the cost of clamping and such, it's proving pretty difficult and Newlyns did not give us a breakdown of the payment. I'll pass on your advice about speaking to the council, Newlyns don't seem willing to talk very much judging by the guys performance today.

 

As for the letters, they are dated the 1st December and I believe they were post marked for the same day, I'll get back to you on that one.

 

I perhaps didn't stress this earlier, but the car was clamped at some point between 2am - 6am, and the guy came back later that morning, am I right in believing that they are required to inform you of the clamping immediately after it has been placed upon the car? And also, without a warrant, are they allowed to come on to private property and clamp a car? Sorry for all the questions but we've never had an experience like this before, so we're not really aware of where we stand, the little knowledge I have of this is from searching the net today and from your help.

[chris600uk]

the angle grinder was seriously considered, but warned that a tow truck would be here in 10 minutes if we tried.

 

They would say that wouldn't they! After all you did warn them of your intention.

 

Now if the clamp had just quietly disappeared there's not alot they can do, because anyone could have taken it couldn't they8).

 

Have a look at this news item BBC NEWS | UK | England | 'Superhero' takes on clampers

 

 

In our town the scally's will steal anything on a rob now think later basis, so why not a wheel clamp? although now we're the capital of culture cars are left on books instead of bricks:grin:

[chris600uk]

Wheel Clampers bite the dust?, , gen, , , law-bytes@swarb.co.uk, David Swarbrick, Solicitor, Wrigley Claydon

 

Have a read of this too

[JamboJack]

That second link is really helpful, thanks mate.

 

And I wish the superhero was around this morning :grin:

[chris600uk]

Yes, but don't lose heart there may still be something you can do.

[vexlitigant]

This is helping a lot mate, thanks. We are in the process of trying to establish the cost of clamping and such, it's proving pretty difficult and Newlyns did not give us a breakdown of the payment. I'll pass on your advice about speaking to the council, Newlyns don't seem willing to talk very much judging by the guys performance today.

 

As for the letters, they are dated the 1st December and I believe they were post marked for the same day, I'll get back to you on that one.

 

I perhaps didn't stress this earlier, but the car was clamped at some point between 2am - 6am, and the guy came back later that morning, am I right in believing that they are required to inform you of the clamping immediately after it has been placed upon the car? And also, without a warrant, are they allowed to come on to private property and clamp a car? Sorry for all the questions but we've never had an experience like this before, so we're not really aware of where we stand, the little knowledge I have of this is from searching the net today and from your help.

 

 

Taking your points in order........

 

With all due respect to doormen, Newlyns occupy the next level above them on the foodchain. Newlyns and DCA's are where bouncers go to retire. The staff / and phone operators are akin to the people you paid money to, to get into a nightclub (the dizzy faux blondes). You'll never get too much help or conversation out of that ilk. By the way, i have met a few nice bouncers in my time though.

 

You will need to establish that post mark to be happy that you did or did not have reasonable time to act on their notice of seizure. I suspect that it goes like this

 

1/ Letter printed on Friday 5th, BUT dated Monday 1st

2/ Letter posted on (i) Friday 5th, (ii) Saturday 6th, or posted BY HAND from the very same Bailiff who by then had already clamped you

 

In my experience it is the same old story. In the letter they send, they tell you that you have until XX to call them. By the time you get the letter XX is already upon you or passed. This is deliberate, to crank up your blood pressure and impair your judgement. But i bet it was posted by hand, and if you had an envelope, feel honoured.

 

Not 100% about cars (not sure if they are treated any different from 'Home calls' - where cars are not involved), but Bailiffs are not allowed to operate outside of normal working hours, NOT on weekends, or Public Hiolidays. So i'm not sure where they get the idea to start in the middle of the night - and on private property. Having said all that Jambo, its academic now. They break rules all the time, and you need to get your dosh back, or at least a credible explanation as to how the extra that you paid was calculated.

 

Just remember when you were thrown out of a nighclub for nothing - the same jerks, same mental capacity, bigger beer gut and a black flight jacket instead of tuxedo.

 

Thanks, Vex