Newlyn & unpaid parking ticket & fees -NO.2

[hallowitch]

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.

 

Were these letters hand delivered or regular post

 

you paid the fine plus letter fee £11.20 + vat £1.96

[eliza-gabriella]

>hallowitch

 

Thank you for your quick posts.

 

1st one, I am not sure because one of the house mates opened the envelop by mistake so we only got the letter without the envelop. So it could have been sent by post or hand-delivered with an envelop...hard to prove.

 

2nd one, I opened it. It was sent by post. Though I did not keep the envelop. Never thought I should have.....now hard to prove??

 

I have paid £196.65 for the fine of £185.00. That means I paid £11.65 extra thinking at that time that should cover the 1st letter fee of £11.20.

 

I forgot to pay VAT on it. Do you think I should send them a cheque of £1.56 to cover the VAT difference ?

[tomtubby]

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.

 

If payment is "tendered before seizure" then the bailiff CANNOT pursue you for the bailiff fees and to do so will be ILLEGAL !!

 

HOWEVER, the bailiff is entitled to his fee...BUT if payment is made PRIOR to seizure then the bailiff company must look to their local authority client for payment.

 

There is plenty of case law regarding this but one that quickly comes to mind is JBW Enforcement Ltd v City of Westminster where the Judge went even further by CONFIRMING that if payment is "tendered before seizure" that the bailiff company CANNOT issue civil proceedings against the debtor to recover their fees.

 

HOWEVER...you MUST confirm this in WRITING to the company and remind them that if they do use the Warrant to enforce payment of their fees that you will not hesitate to make a formal complaint to the Office of Fair Trading and to the Chief Executive of the local authority.

[eliza-gabriella]

If payment is "tendered before seizure" then the bailiff CANNOT pursue you for the bailiff fees and to do so will be ILLEGAL !!

 

Thanks Tomtubby, you quoted doo's dauther's case but I presume this applies to our case as well.

 

 

HOWEVER...you MUST confirm this in WRITING to the company and remind them that if they do use the Warrant to enforce payment of their fees that you will not hesitate to make a formal complaint to the Office of Fair Trading and to the Chief Executive of the local authority.

 

They have not enforced the warrant of execution YET though they threatened that they would in the letter. What exactly shall I write back to them? Shall I write quoting from your post, pointing out

 

1)if payment is "tendered before seizure" that the bailiff company CANNOT issue civil proceedings against the debtor to recover their fees.

2) if they do use the Warrant to enforce payment of their fees that you will not hesitate to make a formal complaint to the Office of Fair Trading and to the Chief Executive of the local authority.

 

Is that enough?? What more should I add if there is any? I am so hopeless at this legal thing so any advice would be very much appreciated by me and others in the similar situations.

 

Thank xxx

[doo]

My local council is Colchester. I have told them as far as I am concerned the case is closed. I have electronic evidence that my husband was working at home on the days they have said they visited. They even charged me for a visit after confirming to me they could not find the address. really! I know we were at home as was my son, believe me I know when someone has called as I have dogs. The debt is not in my name as stated but my daughters and penalty charge paid to council.

 

I have read with interest Tomtubby's post no. 28, perhaps I should do this too. Good luck with all this, they really are tiresome.

[eliza-gabriella]

Dear All

 

Believe it or not, this is still on-going......as the previous threads suggest, I got the letter from the council saying that they had received the fine and our case had been declared closed when we made payment for only the fine (not the fees), Newlyn is still harrasing us.

 

The council letter says that we should talk to Newyln about the possible fees that may have occured regarding this parking fine, as we all know, their doubious fees for visiting the property is a pure fabrication.

 

I have sent 3 letters to them based on the all the kind advise you guys gave me, but Newlyn never managed to prove the visits and yet have been threatening us saying they will still enforce the outstanding Warrant of Execution, which if I correctly understand should be illegal.

 

Should I just ignore the (final) removal notice letters that keep coming or write another letter?? My husband talked to them on the phone but ended up with just arguing with the manageress of the admin. Ever since then, they are more actively sending these letter, almost frantically. (I believe whatever my husband said must have touched her nerve).

 

I feel that we had done whatever we could and now feel at lost about what to do with them.

[ploddertom]

As the Council employed them it is also their responsibility. I would angle they are using intimidating tactics and if you contact your local Councillor advise him you will name the Council as a party to this should you make a complaint.

 

PT

[tomtubby]

Dear All

 

Believe it or not, this is still on-going......as the previous threads suggest, I got the letter from the council saying that they had received the fine and our case had been declared closed when we made payment for only the fine (not the fees), Newlyn is still harrasing us.

 

The council letter says that we should talk to Newyln about the possible fees that may have occured regarding this parking fine, as we all know, their doubious fees for visiting the property is a pure fabrication.

 

I have sent 3 letters to them based on the all the kind advise you guys gave me, but Newlyn never managed to prove the visits and yet have been threatening us saying they will still enforce the outstanding Warrant of Execution, which if I correctly understand should be illegal.

 

Should I just ignore the (final) removal notice letters that keep coming or write another letter?? My husband talked to them on the phone but ended up with just arguing with the manageress of the admin. Ever since then, they are more actively sending these letter, almost frantically. (I believe whatever my husband said must have touched her nerve).

 

I feel that we had done whatever we could and now feel at lost about what to do with them.

 

 

This is complete NONSENSE and the local authority are WHOLLY RESPONSIBLE. The warrant of execution is issued by them and they MUST clear this matter up with their AGENT.

 

Can you let me know which local authority this relates to. If you dont want to put the name on the forum then please send me a PM.

 

I can then advise further.

[eliza-gabriella]

>ploddertom

 

Thank you for your advice. I am writing a complaint letter to the council. Newlyn has also sent about 40 txt messages saying Bailiff coming and your goods will be removed in 1 hour etc......this must count as harrasing!

 

>tomtubby

 

Thanks. It's Camden (no I am not the resident). I do not know why Newlyn keep sending removal notice letters saying "XXXX to the auction value of GBP214.44 for non-payment of Road Traffic Contravention" when we have a letter from the council saying that they did receive the fine (but telling us to talk to Newlyn about the possible fees that may have occured..).

[babybear39]

Are they threatening legal action? If so send tham an LBA

[tomtubby]

>ploddertom

 

Thank you for your advice. I am writing a complaint letter to the council. Newlyn has also sent about 40 txt messages saying Bailiff coming and your goods will be removed in 1 hour etc......this must count as harrasing!

 

>tomtubby

 

Thanks. It's Camden (no I am not the resident). I do not know why Newlyn keep sending removal notice letters saying "XXXX to the auction value of GBP214.44 for non-payment of Road Traffic Contravention" when we have a letter from the council saying that they did receive the fine (but telling us to talk to Newlyn about the possible fees that may have occured..).

 

If the council are unwilling to sort this matter out then I would strongly suggest that you file an Out of Time Statutory Declaration with the Traffic Enforcement Centre and on the TE7 you will need to tick the box to confirm that you have PAID this debt and on the TE7 provide details of the payment.

 

Telephone the Traffic Enforcement Centre on 08457 045007 and they will email a form to you. Once completed and returned back to TEC all enforcement must by LAW cease....

[eliza-gabriella]

Hi Thanks tomtubby.

 

We have received another letter from Newylin; they finally revealed the name of the bailiff who is certificated and still insist;

 

>I will advise you that a Warrant of Execution is not fully discharged until you have paid the full balance which includes the fees charged by Newylin plc for enforcement action.

>It is NOT illegal for Newlyn to pursue you for fees and whilst further enforcement action is taken to clear the outstanding debt you may incur additional fees.

 

So is it not ILLEGAL???

 

They said that they had visited our house 3 times and left letters but there was no letter left. Only first letter and the 2nd letter which was sent to us a lot later than the dates they claim that the bailiff had visited.

 

Thanks and we willl send a letter to Council.

[eliza-gabriella]

HI just one question; to file TE7 (and TE9), is there the application fee? I have got the forms and on some other website it says the fee is £35 but cannot find the info on TEC website.

 

I emailed them but no reply (they did send me the forms) and phoned them but could not get to speak to humans as I was asked to punch REf number which I do not have.

 

I would appreciate your advice, as always.

[eliza-gabriella]

Result!!

 

Finally I managed to sort this out!!! Thanks to all of you here.

 

The council agreed to take our a/c back as the Warrant of the Execution is expiring and told us that we wound not be chased for the outstainding fees by Newlyn (or by council) anymore.

 

It took ages but in the end result!! Thanks again for all and have a great christmas!

[seanamarts]

well done !

[hallowitch]

well done good result

[ploddertom]

Another one bites the dust.

 

PT

[babybear39]

Congratulations