vehicle removed by newlyn bailiff

[sajeel]

Here goes the story.

 

I had a pcn issued on 22/04/09 for parking one or more wheels on the kerb appealed ticket to adjudicator and lost appeal. I never received a rejection letter or any further correspondence. The vehicle was clamped twice but a friendly Samaritan seemed to remove on both occasions leaving the wheel clamp on the road after cutting the padlock. Then on the 31/08/10 I received a letter from newly, stating they want £1051.78 for non payment of road traffic contravention their fees are £896.78 with no breakdown whatsoever. On 02/09/10 I was stopped by newlyn plc at burges road, E6, he asked me to come and look at pcn in the van and nicked my keys, he then said a pcn is outstanding and if I don’t pay £1051.78 now he will take the vehicle as he has court order, when I asked him for documentation he refused to give any, he returned my house keys and kept my car key as I refused to be bullied into paying excessive charges for some old pcn I was unaware of. I collected what I could from vehicle and left the vehicle there. As I was leaving he only gave me his mobile number verbally so I typed into my mobile, no business card or documents to say he had levied vehicle.

I have found out the following in the mean time, internet research and lots of phone calls, he is a private bailiff appointed by local council in this case LBWF his name is William Clow and his license is valid until 08/08/12 although he refused to give me his certificate number saying he is court bailiff and does not need to give license number, I asked for court order number and he told me he does not know I should contact council LBWF.

I spoke to LBWF who said nothing about his miss conduct or how to complain, instead they said I have two option to pay fine in full, or complete an out of time statutory notice as no correspondence was received.

I have contacted Northampton county court (TEC) and completed TE9 and TE7 and emailed back to them on 08/09/10.

Please help me to get my vehicle back legally and screw the bailiffs for misconduct.

 

Thanks in advance and sorry for long post had to include necessary detail.

 

Regards,

Sajeel

[sajeel]

Here goes the story.

 

I had a pcn issued on 22/04/09 for parking one or more wheels on the kerb appealed ticket to adjudicator and lost appeal. I never received a rejection letter or any further correspondence. The vehicle was clamped twice but a friendly Samaritan seemed to remove on both occasions leaving the wheel clamp on the road after cutting the padlock. Then on the 31/08/10 I received a letter from newly, stating they want £1051.78 for non payment of road traffic contravention their fees are £896.78 with no breakdown whatsoever. On 02/09/10 I was stopped by newlyn plc at burges road, E6, he asked me to come and look at pcn in the van and nicked my keys, he then said a pcn is outstanding and if I don’t pay £1051.78 now he will take the vehicle as he has court order, when I asked him for documentation he refused to give any, he returned my house keys and kept my car key as I refused to be bullied into paying excessive charges for some old pcn I was unaware of. I collected what I could from vehicle and left the vehicle there. As I was leaving he only gave me his mobile number verbally so I typed into my mobile, no business card or documents to say he had levied vehicle.

I have found out the following in the mean time, internet research and lots of phone calls, he is a private bailiff appointed by local council in this case LBWF his name is William Clow and his license is valid until 08/08/12 although he refused to give me his certificate number saying he is court bailiff and does not need to give license number, I asked for court order number and he told me he does not know I should contact council LBWF.

I spoke to LBWF who said nothing about his miss conduct or how to complain, instead they said I have two option to pay fine in full, or complete an out of time statutory notice as no correspondence was received.

I have contacted Northampton county court (TEC) and completed TE9 and TE7 and emailed back to them on 08/09/10.

Please help me to get my vehicle back legally and screw the bailiffs for misconduct.

 

Thanks in advance and sorry for long post had to include necessary detail.

 

Regards,

Sajeel

[fork-it]

Report the roadside indicent to police because its car-jacking, try to get a rime number and make lots of noice if the police say its a civil matter.

 

If the car is on finance then using your spare key, go get your car, its still the property of the finance company until the last payment is made. If its fited with a GPS Tracker then ask tracker.co.uk stolen vehicle recovery unit to switch it on and get a grid reference of the current location of your car.

[Voxter]

edited

[tomtubby]

You need to go back to the beginning. You appealed to the adjudicator and lost and apparently you did not receive a copy of the rejection. Did you attend the hearing or did you submit a postal appeal.

 

Did you receive the Charge Certificate or Order for Recovery?

 

How old is the car and is it on finance?

 

Have you checked with Waltham Forest.... or better still, the Traffic Enforcement Centre that the address for you is correct? This is vitally important because, if there is an error in the address this would be the reason why you had not received a copy of the adjudicators ruling.

 

Did the bailiff provide a Notice of Seizure? He must do this as otherwise it is irregular seizure.

 

Were you provided with a copy of the warrant? Again, the regulations state that you MUST be given a copy?

[Surfer01]

How do these people managed to get possession fo car keys? I never roll down my window fully unless it is someone I know. When I get out of a vehicle I always put the keys straight into my pocket unless someone is pointing an AK47 at me. I lived in a country where car jacking is third to murder and rape. Just curious?

[fork-it]

On 02/09/10 I was stopped by newlyn plc at burges road, E6, he asked me to come and look at pcn in the van and nicked my keys, he then said a pcn is outstanding and if I don’t pay £1051.78 now he will take the vehicle as he has court order, when I asked him for documentation he refused to give any,

 

If this happened on a public road then this is still on the statute book: http://www.opsi.gov.uk/revisedstatutes/acts/aep/1267/caep_12670001_enm_1

 

The Statute of Marlborough 1267

 

it says

 

It shall be lawful for no Man from henceforth, for any manner of cause, to take Distresses out of his Fee, nor in the King’s Highway, nor in the common Street, but only to the King or his Officers, [having special authority to do the same.]

[welsh1]

If this happened on a public road then this is still on the statute book: http://www.opsi.gov.uk/revisedstatutes/acts/aep/1267/caep_12670001_enm_1

 

The Statute of Marlborough 1267

 

 

I have explained this statute a couple of times on here,so here goes again,

in a nutshell,it states the king or his officers having authority,and the court certificated bailiff has been given his authority by the court,ie the crown(king).

 

so this does not stop them taking peoples vehicles off the highway.

 

I'm sure if you do a search you will find a few threads about this.

[tracee]

There seem to be so many of us who are being bullied by these crooks. Can U all complain to BBC watchdog and request that Newlyn PLC be investigated ? i did that an hour ago.

[sajeel]

I Filed a TE9 and TE7 on the 08/09/10 and on the 27/10/10 i received a refusal i then completed an N244 and made payment for £75 to TEC and filed N244 and then got an email from them saying "Unfortunately it is not possible for me to accept the N244 application which was sent to us as the reasons are invalid. You must give the reasons you were not able to file your witness statement within the 35 days, not the reasons you have for contesting the penalty charge. Pleae amend your N244 accordingly and return it to us. Thank you".

 

I phoned the courts and they said it was in reference to statment to 08/10/10 but i am confused.

 

I originally filed out of time on the ground that i made representations about the penalty charge to the enforcing authority concerned within 28 days of service of notice to owner but did not recieve a rejection notice.

 

Please help.

 

Thanks

 

 

Sajeel

 

I have uploaded n244 sent to see what errors i made n244 10_11_2010.pdf

tec2.pdf

[tomtubby]

I Filed a TE9 and TE7 on the 08/09/10 and on the 27/10/10 i received a refusal i then completed an N244 and made payment for £75 to TEC and filed N244 and then got an email from them saying "Unfortunately it is not possible for me to accept the N244 application which was sent to us as the reasons are invalid. You must give the reasons you were not able to file your witness statement within the 35 days, not the reasons you have for contesting the penalty charge. Pleae amend your N244 accordingly and return it to us. Thank you".

 

I phoned the courts and they said it was in reference to statment to 08/10/10 but i am confused.

 

I originally filed out of time on the ground that i made representations about the penalty charge to the enforcing authority concerned within 28 days of service of notice to owner but did not recieve a rejection notice.

 

Please help.

 

Thanks

 

 

Sajeel

 

I have uploaded n244 sent to see what errors i made [ATTACH]22533[/ATTACH][ATTACH]22532[/ATTACH]

 

I have no idea at all what TEC are referring to at all. You need to call them urgently. From the Statement of Truth from the local authority there is no mention at all that you had made an appeal. Did you keep a copy if so, this should most certainly be sent with your N244.

 

It is ALWAYS the case that you should NOT make a Form 4 Complaint until such time as you have allowed the local authority and the bailiff company to FULLY address any complaint as otherwise you could find yourself at serious risk of having a cost order imposed !!

 

From the N244 you appear to be making a complaint about the bailiff action and his charges. This is NOT one of the grounds for making an Out of Time Application.

 

You have stated in your letters of complaint that you made representation but that you had not received a response and yet this is not mentioned on the N244.

 

A quick question: When the bailiff took your car, was it taken on a trailer or did he drive it away?

[sajeel]

he had the car removed did not drive away.

[fork-it]

you should NOT make a Form 4 Complaint

 

.. you appear to be making a complaint about the bailiff action and his charges.

 

I will affirm that. A complaint is not the way to reclaim bailiffs fees. Complete a form N1 and file it at your local county court.

 

A complaint addressed to his certificate-issuing court is only good for complaining about a bailiffs conduct.

[tomtubby]

he had the car removed did not drive away.

 

The reason why I asked this question is very important. have received many reports regarding a car being located by way of an ANPR equipped car where there are 2 bailiffs and one will drive the car away. If this is the case, it should be noted that the bailiff will be driving the car without your permission and he will only be entitled to 3rd party insurance cover!!!

[sajeel]

Thanks have sent n244 will keep you updated