Newlyn & unpaid parking ticket & fees -NO.2

[eliza-gabriella]

First of all I would like to say "thank you" again for all who kindly gave me some good advice on my 1st thread "Newlyn & unpaid parking ticket & fees "

 

Though the council declared that our case had been paid and closed, Newylin is still demanding their fees paid and just sent back the details of their fees by letter (after I demanded the breakdown&details etc).

 

According to their letter,

 

Council Debt: GBP185.00

First letter: GBP11.20

Visit fees: GBP175.00 (no break down, say, how many visits etc)

VAT: GBP33.43 (Can they charge VAT on this???)

Card Payment Fee: GBP5.66

Total balance: GBP411.09

Paid: GBP196.65

Balance Outstanding: GBP214.44

 

As Zamzara pointed out in the previous threads, I understand that this is not our debt and they cannot collect this outstanding fees as long as council fines have been paid and they had closed our case down.

 

Newlyn also said in the letter,

 

"We are unwilling to provide the bailiffs name and court details at this time as we believe this request to be vexatious and unnecessary"

 

They did not even mention how many visits they had made or who made visits. As I said before, every time said they would come and visit us by txt, THEY NEVER CAME!!

 

Should I send another letter to them? If so what kind of letter?

 

They also mentioned about us considering issueing form 4 complaint but I am not sure what it is as I am not British and English is not even my mother tongue. All the legal stuff sounds so greek to me.

 

If anyone could suggest what I should write back, it would be very much appreciated.

 

OR Shall I just ignore them?? (but I guess they will still keep chasing their (doubious) fees....

[dx100uk]

ignore

there is stuff all they can do to you now.

 

they can demand their illegal fees if they want in civil court which they won't!!

 

dx

[eliza-gabriella]

>dk100uk

 

Thank you for your reply. I was not sure what to do next so I am very grateful!

[hallowitch]

send them another recorded delivery letter informing them that they have not fully replied to your request for payment details

 

ask them why they are refusing to give you information you would already be aware of if at the time of the visit the certificated bailiff had left a letter giving you the name of the bailiff date/time the fee for his visit and a contact number for him/her

[RaeUK]

... I am not British and English is not even my mother tongue. All the legal stuff sounds so greek to me ...

 

Hi eliza-gabriella,

 

You could, of course, request that they write to you in your native language for clarity purposes. After all, the National Standards for Enforcement Agents suggest:

 

'Wherever possible, enforcement agents should have arrangements in place for rapidly accessing translation services when these are needed ...'

 

I'm not saying they would do so but I know I wouldn't be able to resist requesting this.

 

Best wishes

Rae

[tomtubby]

First of all I would like to say "thank you" again for all who kindly gave me some good advice on my 1st thread "Newlyn & unpaid parking ticket & fees "

 

Though the council declared that our case had been paid and closed, Newylin is still demanding their fees paid and just sent back the details of their fees by letter (after I demanded the breakdown&details etc).

 

According to their letter,

 

Council Debt: GBP185.00

First letter: GBP11.20

Visit fees: GBP175.00 (no break down, say, how many visits etc)

VAT: GBP33.43 (Can they charge VAT on this???)

Card Payment Fee: GBP5.66

Total balance: GBP411.09

Paid: GBP196.65

Balance Outstanding: GBP214.44

 

As Zamzara pointed out in the previous threads, I understand that this is not our debt and they cannot collect this outstanding fees as long as council fines have been paid and they had closed our case down.

 

Newlyn also said in the letter,

 

"We are unwilling to provide the bailiffs name and court details at this time as we believe this request to be vexatious and unnecessary"

 

They did not even mention how many visits they had made or who made visits. As I said before, every time said they would come and visit us by txt, THEY NEVER CAME!!

 

Should I send another letter to them? If so what kind of letter?

 

They also mentioned about us considering issueing form 4 complaint but I am not sure what it is as I am not British and English is not even my mother tongue. All the legal stuff sounds so greek to me.

 

If anyone could suggest what I should write back, it would be very much appreciated.

 

OR Shall I just ignore them?? (but I guess they will still keep chasing their (doubious) fees....

As many people on here will know I have a commercial company that provides advice to the public on bailiff maters and sadly will parking enforcement we receive more complaints against Newlyn than any other company.

 

Section 78(7) of the Road Traffic Act specially provides that ONLY a certificated bailiff can enforce an unpaid PCN and that is he is not certificated then he is committing an "ACT OF TRESPASS" and any action is against "the body that instructed him (the local authority)".

 

Therefore, this pathetic excuse that Newlyn provide that effectively means that they consider it A SECRET as to who seized a vehicle is WRONG. In addition by Newlyn refusing confirm the identity of the bailiff there is no way of knowing whether the bailiff is even CERTIFICATED.

 

You really MUST complain to the local authority IMMEDIATELY and point out that you will not hesitate to ask that the Local Government Ombudsman gets involved.

 

I would also suggest that you write to letter to the Information Commissioners Officer (ICO).

[eliza-gabriella]

>hallowich

 

Thank you. I will write another letter pointing out what you had said.

 

>Kelcou

 

My husband is not British but a native English speaker but when it comes to this sort of stuff, he does nothing so I am trying to sort it out.......will ask him to help me. It was his fine at the end of the day. Thanks.

[eliza-gabriella]

>Tomtubby

 

Thank you very much for your detailed advice.

 

>You really MUST complain to the local authority IMMEDIATELY and point out that you will not hesitate to ask that the Local Government Ombudsman gets involved.

 

I have already sent a complaint letter to the local council stating that, they in turn sent back a letter saying that they had received the fine so declared that this case was closed but they also said...

 

>However, having investigated this matter, it apprears that further to the issue by Newylin Plc of the first letter, subsequesnt attempts have been made to recover the charge in the form of visits to your property and letters left. Bailiff fees apply every time that any such action takes place and therefore the amount owning to Newlyn will have increased by the time payment was made.

 

Newlyn only left one (1st) letter by hand, honestly. No other hand-delivered letters. They sent us 2 more letter BY POST after we made the payment!!

 

The council is on their side, I think. I am not sure what to do apart from sending another letter to Newlyn following the advise of hallowithc

[dx100uk]

send the letter

so ALL that you MIGHT have to pay is 1st visit Fee!

 

dx

[eliza-gabriella]

>dx100uk

 

send another letter to NEWLYN, also to the council??

 

Thanks anyway..

[tomtubby]

>dx100uk

 

send another letter to NEWLYN, also to the council??

 

Thanks anyway..

 

You really should be asking for a copy of the Screen Shot of your account.

 

PS: Can I ask which council this is?

[eliza-gabriella]

>tomtubby

 

I will also ask for a copy of the screen shot, too. Thank you. The council is CAMDEN!!

[eliza-gabriella]

Thank you everyone who has helped me so far. I will post another letter which I wrote with the help of your advice tomorrow. I am also attaching the letter from the council saying this case closed to Newylin.

 

I hope that they will come up with something more clear about their doubious fees. I will inform you all once I get a reply from them again.

 

When the original fine has been paid in full and the council says this case closed, is the Baillif company still the representative of the council to enforce removing goods etc???

[dx100uk]

no and they cannot use the liability order and its powers either.

 

dx

[eliza-gabriella]

Thank you dx100uk.

[eliza-gabriella]

Hi updates. Any help/advice will be appreciated!

 

I have received a reply from Newyln.

 

They gave me all the (made-up) dates they were supposed to have visit.

 

First letter (10th Dec 2009)

1st Visit (28th Jan 2010)

2nd Visit (6th Feb 2010)

3rd Vist (15th Feb 2010)

 

and argue that we had not been able to pay on line if there had been no visit. We received 2 letters from them, 2nd one by post, 1st one not-known because our house mate opened it by mistake so there was no envelop. 1st one could have been hand-delivered but according to the above-mentioned details, 1st letter has been sent on an earliear date, which means by post, I guess??.

 

We only got the 1st letter at the end of Feb or early March anyway. They just made up those dates.

 

We demanded a screenshot of our account by the previous letter but they insisted that we should pay GBP10.00 for admin costs as it is deemed a Subject Access request. Is it correct?

 

They also would not want to supply their bailiff's details as WE HAVE FAILED TO SUPPLY any info about any inappropriate behavious of any of their bailiffs.

 

HOW COME can we supply such info when there has been NO VISITS BY THEM????

 

In the end of the letter, they say

 

>Whist thre is an outstanding balance, bailiffs will continue to enforce the outstanding Warrant of Execution and further fees may be incurred.

 

Can they still ENFORCE the WARRANT of EXECUTION?

Can they add any more fees than they had added already??

 

I would appreciate a little help as I am not sure what to write back to them at the moment.

 

Thank you all as always.

[hallowitch]

you may want to wait on tomtubby her advice is the best you will receive on here

 

I don't under stand the reluctance to provide you with the bailiffs name that allegedly made visits to your home

 

when a bailiff visit a debtor home they must leave a letter informing you he/she have been

this should have the date /time/ name of the bailiff and fee you have been charged for the visit

without this information how do you know that you have a visit and if the bailiff is certificated

only certificated bailiffs can collect parking tickets

[tomtubby]

Hi updates. Any help/advice will be appreciated!

 

I have received a reply from Newyln.

 

They gave me all the (made-up) dates they were supposed to have visit.

 

First letter (10th Dec 2009)

1st Visit (28th Jan 2010)

2nd Visit (6th Feb 2010)

3rd Vist (15th Feb 2010)

 

and argue that we had not been able to pay on line if there had been no visit. We received 2 letters from them, 2nd one by post, 1st one not-known because our house mate opened it by mistake so there was no envelop. 1st one could have been hand-delivered but according to the above-mentioned details, 1st letter has been sent on an earliear date, which means by post, I guess??.

 

We only got the 1st letter at the end of Feb or early March anyway. They just made up those dates.

 

We demanded a screenshot of our account by the previous letter but they insisted that we should pay GBP10.00 for admin costs as it is deemed a Subject Access request. Is it correct?

 

They also would not want to supply their bailiff's details as WE HAVE FAILED TO SUPPLY any info about any inappropriate behavious of any of their bailiffs.

 

HOW COME can we supply such info when there has been NO VISITS BY THEM????

 

In the end of the letter, they say

 

>Whist thre is an outstanding balance, bailiffs will continue to enforce the outstanding Warrant of Execution and further fees may be incurred.

 

Can they still ENFORCE the WARRANT of EXECUTION?

Can they add any more fees than they had added already??

 

I would appreciate a little help as I am not sure what to write back to them at the moment.

 

Thank you all as always.

 

Sadly, this company refuse to provide the name of a bailiff that may have attended . This is of course nonsense, in particular given that if the bailiff does seize goods then he must BY LAW leave the debtor with a COMPLETED Notice of Seizure of Goods & Inventory (Form 7) which require him to provide his FULL NAME and details of the Court that granted his certificate.

 

I am aware of recent complaints that have been made to the Office of Fair Trading concerning this matter.

 

Has the bailiff visited your property?

 

Has a Notice of Seizure been provided?

 

Which local authority is this?

 

How old is your vehicle?

 

 

PS: It must be remembered that if payment is made BEFORE seizure then the right to come after you for bailiff fees ceases and the bailiff CANNOT use the warrant to recover any fees. That is why it is IMPORTANT to know whether your goods have been seized.

[Bartok]

 

OR Shall I just ignore them?? (but I guess they will still keep chasing their (doubious) fees....

 

Consign to the bin, they'll get over it and move on.

[doo]

Have read your thread with interest. My daughter received warrant of execution (no longer lives with us) I paid it straight away online to the council, Newlyns are chasing for fees like you for phantom visits, also refused me name of bailiff, looks like standard letter they send out.

[Bartok]

If the bailiff is not cooperating then you dont have to pay them, simple as that.

 

If the bailiff charges for visits he has not made then he commits an offence. Lords Hansard text for 20 Apr 200720 Apr 2007 (pt 0001) and look under Crime : Fraud

[eliza-gabriella]

>hallowitch

 

Thank you always for your quick reply. I do not understand their reluctance to reveal the details of bailiffs if they did visit our house in deed!

[eliza-gabriella]

>tomtubby

 

Thank you for the detailed information, which I appreciate very much.

 

>Has the bailiff visited your property?

 

NO, ever. This huge house (shared) has 3 people working at home including me. No one has ever seen/heard of them.

 

>Has a notice of seizure been provided?

No, never. Just 2 removal notice letters, one saying FINAL REMOVAL NOTICE. We also made payment straight after (a little more than the fine itself) to Newlyn on the website and informed the council, which sent us a letter saying that they had received the fine in full and our case closed.

 

>Which local authority is this?

 

Camden. Though they said our case was closed they also said that we should contact Newylin to discuss about the fees, which we have been doing with your help.

 

>How old is your vehicle?

 

It is P register plate so around 1996-7??

 

>if payment is made BEFORE seizure then the right to come after you for bailiff fees ceases and the bailiff CANNOT use the warrant to recover any fees.

 

Does it mean that we are safe now???? Can we just ignore them??

[eliza-gabriella]

>doo

 

Thank you for sharing your experience.

 

Is the council also Camden??

 

>Bartok

 

Thank you for your comment.

 

I now do feel like ignoring them......it is like playing words game now. I just need to know if they can still chase their made-up fees legally or not.

[hallowitch]

My thoughts on this are the bailiff company wont release the name(s) because there was no bailiff visit

 

Now if the bailiff company put a name to a visit and you could prove that the bailiff didn't come (perhaps with CCTV house full of people)Its bailiffs license thats on the line if you took him to court Form 4 complaint

 

And i would think in that situation the baillif would be able to sue there employer

they cant put a made up name against them because there is information on the net to check this