Bailiffs went to take my car this morning……….

[CPS]

I came down stairs this morning to find my car clamped. I rang the bailiff to find out what it was about and he returned. I have a pcn from Harrow council, I had previously been issued with a notice to owner and a order for recovery. Was I meant to receive a final notice for payment?

Anyways I told the Newlyn bailiff that I received no final letter from Harrow council nor did I receive any letter to from Newlyns. He makes out Newlyns sent one on the 18th of Feb. I definitely did not get one. I asked him to prove it, recorded post etc, they don’t do recorded post he said. He told me they were going to tow the car away to essex in an hour and a half and I would incur more impound fees, as it was Saturday I was caught, I couldn’t go to the council as they where closed, it was a catch 22. So I was forced into making the payment of £726 (£155 for the pcn, £546 for their Fees, and £25 for the surcharge) because I need the car.

So I am wondering now what is my legal foot to stand on, I got no final warning from Harrow, or no letter from Newlyns?

Where do they pluck the number £546 from?

[chris600uk]

Then you file an oot which you can download from the hmcs tec website.

[Debstar2005]

At least you where able to pay! this happen to me this week and they wanted £1900. Go to the Traffic Enforcenment website and download forms PE3 and PE2 they both have to be sent off to the TEC you also have to get them signed in front of lawyer that does oaths. Which you can have done free at a county court I have leant this all this week. Anyway as far as i know this should stop anything that the council is doing at the moment and the TEC will make a judgement to either reduce the fine down to the original fine which you would have had on the day you got the ticket or they will say no and you will have to appeal on another form. Dec OOT ( Out of Time ) will hold you case for 4 week 19 working days. It means no further action can be taken.

 

I am not sure really what happens if you have already paid. But for me they have my car and I just want the car back so hopefully the forms will stop the bailiff selling my car for 4 weeks rather then in 7 days.

 

If you need these forms and can't find them they emailed me the pack over and i can forward them to you if you like ?

 

Good luck and keep us posted

[CPS]

I don’t know if an OOT stat dec will do much good. Will it?

The biggest thing that has me red with rage is the £546 bailiffs fees. I never got a letter from them, I never got anything through the letterbox, I work from home and am here 80% of the time, so chances are if they previously called I was here, so they probably never did.

The first time I knew anything about them was when I opened my front door this morning to find a clamp on my car. Where are these unreal fees coming from?

Of course I’m going to ask for a breakdown and I’ll deliver the letter in person to their south harrow office.

[Debstar2005]

I have been reading alot of threads on here and you have nothing to lose by trying there are ppl on here that have had their money refunded 1st from the council and then the bailiff charges. The whole point of the form is to prove that you never receieved the letters and the warrant. I think in your case you should have a go and try! your better off going directly to the TEC as thats the main place rather then the area county court who would just forward it to the TEC.

 

I am not an expert but I have been reading up alot cause it makes me feel better I myself have faith that it may work. Plus I have heard that in some case's the council is to lazy to investigate all claims so just hold there hands up and don't bother to fight cause you can imagin how many ppl make counter claims against them. Thats mostly Westminster Council ( BBC NEWS)

[CPS]

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?

[Debstar2005]

They have to send you a warrant of execution without this they can't remove nothing. The sum of £500 odd would be for the bailiff who may have attended your home personally and there was no anwser from you.

Bailiff companies dont send anything recoreded post so that may work in your favor

 

Bailiff operative hours are between dust till dawn however I have never seen one on Sunday. Plus if they clamped your car and then knocked on your door thats another issue of contention that a court would look at.You have nothing to lose by sending in your OTT they can't prove what you have and what you have not recieved. Just see what happens its free to do.

[deathbycrayons]

Out of interest - and I apologise as this is slightly off topic - can bailiffs take a car belonging to a blue badge holding person who is registered disabled?

[Debstar2005]

At this currant moment i am writing a letter to bailiff who took my car which i need for work and is classed as a tool of trade i have insurance to prove i am covered for bussiness use. So i don't really think they can! i have read you thread and by issing you with the blue badge in the frist place i think its clear that the badge is to ease suffering and reduce stress and comes with a number of other benefit i think you should talk to the council office who issued it and find out what your rights are inregards to this they will know.

[CPS]

They have to send you a warrant of execution without this they can't remove nothing. The sum of £500 odd would be for the bailiff who may have attended your home personally and there was no anwser from you.

Bailiff companies dont send anything recoreded post so that may work in your favor

 

Bailiff operative hours are between dust till dawn however I have never seen one on Sunday. Plus if they clamped your car and then knocked on your door thats another issue of contention that a court would look at.You have nothing to lose by sending in your OTT they can't prove what you have and what you have not recieved. Just see what happens its free to do.

 

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?

[chris600uk]

Out of interest - and I apologise as this is slightly off topic - can bailiffs take a car belonging to a blue badge holding person who is registered disabled?

 

No, that is absolutely forbidden territory, that could cost a bailiff his certificate if collecting for council tax.

[Debstar2005]

Basically yes, that you never got the warrant obviously you got the initially letter from the council but don’t say that on the form just say you never received anything.

You wait, as soon as the (TEC) receives your form they have to stop all action instantly. In your case this does not matter 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 so fingers crossed for that event.

As far as I know it used to cost £35 to send an OOT, but there is no longer a fee attached the only fee you could incur is £5 or £10 to get it signed? It cost £75 to appeal if the decision from the OOT is not in your favour you will then need to send a N244 (don’t quote me on the form number). The £75 is for the court officer to independently look at it.

‘I will be sending my OOT first thing tomorrow morning so I will keep you updated to what happens I am also sending a complaint to the county court regarding the bailiff who attended in relation to conduct and incorrect good s removed I am advised that bailiffs are scared of this as they can lose their certification.

That’s free to do as well.

[CPS]

Basically yes, that you never got the warrant obviously you got the initially letter from the council but don’t say that on the form just say you never received anything.

 

You wait, as soon as the (TEC) receives your form they have to stop all action instantly. In your case this does not matter 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 so fingers crossed for that event.

 

As far as I know it used to cost £35 to send an OOT, but there is no longer a fee attached the only fee you could incur is £5 or £10 to get it signed? It cost £75 to appeal if the decision from the OOT is not in your favour you will then need to send a N244 (don’t quote me on the form number). The £75 is for the court officer to independently look at it.

 

‘I will be sending my OOT first thing tomorrow morning so I will keep you updated to what happens I am also sending a complaint to the county court regarding the bailiff who attended in relation to conduct and incorrect good s removed I am advised that bailiffs are scared of this as they can lose their certification.

That’s free to do as well.

 

 

 

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?

[Oh Boy!]

Holy CRAP,

 

Bailiff siezed vehicle on a SUNDAY, his licence is GONE BABY!

 

I am a court bailiff believe I have seen many bailiffs lose their licence because of SUNDAY WORK.

 

TOTALLY ILLEGAL, get his details bring it to the attention of the Court that issued his cert, and contact TOMTUBBY on here for further assistance.

 

If I can assist let me KNOW.

 

REPORT THAT CERTIFICATED THEIVING LYING **** BAG NOW!

[CPS]

Holy CRAP,

 

Bailiff siezed vehicle on a SUNDAY, his licence is GONE BABY!

 

I am a court bailiff believe I have seen many bailiffs lose their licence because of SUNDAY WORK.

 

TOTALLY ILLEGAL, get his details bring it to the attention of the Court that issued his cert, and contact TOMTUBBY on here for further assistance.

 

If I can assist let me KNOW.

 

REPORT THAT CERTIFICATED THEIVING LYING **** BAG NOW!

 

 

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

[Oh Boy!]

 

As far as I know it used to cost £35 to send an OOT, but there is no longer a fee attached the only fee you could incur is £5 or £10 to get it signed? It cost £75 to appeal if the decision from the OOT is not in your favour you will then need to send a N244 (don’t quote me on the form number). The £75 is for the court officer to independently look at it.

 

‘I will be sending my OOT first thing tomorrow morning so I will keep you updated to what happens I am also sending a complaint to the county court regarding the bailiff who attended in relation to conduct and incorrect good s removed I am advised that bailiffs are scared of this as they can lose their certification.

That’s free to do as well.

 

There is NO CHARGE TO FILE OUT OF TIME PE2 PE3 take it to a county court to have it witnessed,

 

PLEASE PM that BAILIFFS NAME TO ME, NEWLYN are ROTTEN LOT GREEDY SONS OF B*TCHES,

 

IN FACT I WILL ASSIST YOU AND MAKE SURE THAT BAILIFF LOSES HIS LICENCE, CONTACT ME VIA HERE OR PM THE CHOICE IS YOURS

 

LETS ROLL!

[CPS]

There is NO CHARGE TO FILE OUT OF TIME PE2 PE3 take it to a county court to have it witnessed,

 

PLEASE PM that BAILIFFS NAME TO ME, NEWLYN are ROTTEN LOT GREEDY SONS OF B*TCHES,

 

IN FACT I WILL ASSIST YOU AND MAKE SURE THAT BAILIFF LOSES HIS LICENCE, CONTACT ME VIA HERE OR PM THE CHOICE IS YOURS

 

LETS ROLL!

 

 

 

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

[Debstar2005]

If you would like I can email you over the forms as the TEC emailed them to me last week? save you a fone call cos they can't help with any advise.

 

Right in my case they have already taken my car and have told me that they're going to sell it with 7 days so to put them off I'm sending the OOT so that all action will stop until it's sorted out with the TEC. In your case you have already paid the fine so your in a better position then me your just trying to get your money back.

 

Inregards to the car being a tool of trade you have to prove this like does you insurance policy have business insurance inc? are you the only one covered to drive it if yes then this is evidence.

 

Your car does not have to be sign posted up to hill you need to prove that its part of your work like are you self employed? that type of thing.

 

So basically yes he would still have taken it cos they all C**Ts ( sorry) I think the best thing is to buy a sign and stick to the car then they wont try and take it that's wot i am going to do if i get it back. Lol

 

What i'm going to do is contact the bailiff in writing tomorrow threaten them with action against in regards to a complaint to the county court. Here is the form i will be using for future ref: you can also use this form to complain about fees

http://www.hmcourts-service.gov.uk/courtfinder/forms/form4_0606.pdf

[Oh Boy!]

DAM IT!

 

Yes they can work on a Saturday !.

 

Yes just do an out of time, if you get it wrong it will be refused, and your money will be gone, what is the reason you will give for out of time?

[CPS]

DAM IT!

 

Yes they can work on a Saturday !.

 

Yes just do an out of time, if you get it wrong it will be refused, and your money will be gone, what is the reason you will give for out of time?

 

 

 

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?

[Debstar2005]

Yes

[Oh Boy!]

No that is no defence, what kind of property do you live in? is a flat a house? did they have the address right?

 

Failing which PM me, and I will let you in on a secret OK?

[CPS]

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.

[Vannie]

Slightly off-topic, but I received Notice of Distress totally out of the blue from Newlyns. (the CT debt had been with Equita and returned to the council). I noticed my neighbour's registration number had been written.

 

Can they come back and clamp even though I'm in the process of writing to the Council?

[CPS]

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???