newlyn clamped car

[decky75]

right where do i get a form 4 from are there any templates on here for pcns

[freakyleaky]

http://www.consumeractiongroup.co.uk/forum/showthread.php?115030-How-To-Complain-To-The-Court-About-A-Certificated-Bailiff.

[hallowitch]

right where do i get a form 4 from are there any templates on here for pcns

 

 

this is not really a form 4 complaint situation

 

you should be getting on to the local authority who issued the pcn because they should have stopped enforcement

[decky75]

this is not really a form 4 complaint situation

 

you should be getting on to the local authority who issued the pcn because they should have stopped enforcement

 

hi i spoke the local authority on wednesday and they would not listen they just said that i have to deal directly with the baliff.

[decky75]

so which complaint do i send and who to.

[freakyleaky]

Was just going to suggest contacting Tomtubby but I see she's watching this thread.

I'm sure TT can help with this.

[decky75]

i have just sent a complaint to the council through there website about the excessive fees and an excessive levy.

[decky75]

i have just sent a complaint to the council through there website about the excessive fees and an excessive levy.

and also complained about the council not helping and just telling me it has nothing to do with them.

[seanamarts]

Formal complaint to the CEO of the council who issued the PCN and formal complaint to the bailiff company.

 

Form 4 is really a last resort and one that may not be a cause for this situation.

[decky75]

ok great thankyou for your help

[dx100uk]

two threads merged

 

please keep to ONE thread per issue

 

dx

[dx100uk]

is this about the tickets/fees you had in 2009 still?

 

dx

[decky75]

sorry i didnt know i had

[tomtubby]

Form 4 Complaints are the very last resport. The local authority are wholly responsible for the fees charged by THEIR AGENTS and for this reason, all complaints should be sent to the council.

[decky75]

phoned council to get CEOs email to make a complaint i was put through to the manager of parkingwho was a very obnoxious lady and basically the reply i got from her was i have to deal with baliff i offered to pay for the fine she said i cannot do that because it is with the baliff.so i have to pay them.i replied i don not agree with balifs fees so i will not be paying them but i am happy to pay the fine. she then said she cant take the payment.

[decky75]

is this about the tickets/fees you had in 2009 still?

 

dx

no that was my partners...this is in december 2011 i was supposedly parked ilegally at 22.50pm in the town centre cctv image.

[decky75]

I have just phoned newlyns to get a breakdown of costs and i asked if it was possible to have details from the first visit(which i believe did not happen)

i got the response of i dont know i asked who the balif was i got the response i dont know it was just an area balif.asked for the name of person i am speaking to gave me his first name but i am not allowed his second name..ok a little strange

[tomtubby]

Sadly, this in not an uncommon response from Newlyn. Many times in their letters they will say that the request ( for the bailiffs name) is "vextatious".

[decky75]

Hi have sent an email to complain about the fees and the way things were done to newlyns.no confirmation they have recieved it and also no breakdown of cost sent to me yet.......i have also just learnt that if they make a levy they have to leave a copy of the warrant which they didi not do.

[old bill]

Hypothetically, if you did remove it and then gave it back, then he could have you charged with criminal damage.

 

Not unless the clamp has actually been damaged, that is, it is rendered useless or less useful as a result. No damage, no offence. Unless there is legislation stating otherwise, if a bailiff has applied a clamp ultra vires, you are within your rights to remove the clamp as long as you do so without damaging the clamp.

Edited June 22, 2012 by old bill

[decky75]

well i did not recieved breakdown of costs..........and no confirmation they have recieved my complaint great company this is..........

[old bill]

Firstly, you need to put your request for breakdown of costs in writing and give Newlyn 14 days in which to respond. Newlyns have a legal duty to provide you with such a breakdown and they know it, so don't take any bull***t from them. If they claim it is vexatious to request a breakdown of costs, just remind them it is an offence under Section 2(1) and Section 12, Fraud Act 2006 to obtain or attempt to obtain money to which they are not legally-entitled by fraudulent misrepresentation, including work they have not carried out.

 

Section 2(1), Fraud Act 2006 is used to deal with individuals who commit fraud, whilst Section 12 of the Act is used to deal with companies and their management who engage in fraud or allow it to take place. Also, any threats made by Newlyns or their bailiffs in respect of fees to which they are not legally-entitled amounts to Blackmail or Attempted Blackmail, which is contrary to Section 21, Theft Act 1968.

 

Blackmail and Fraud, including attempts to commit these offences, are taken very seriously by the courts and carry substantial custodial sentences, a maximum of 10 years for Fraud and a maximum of 14 years for Blackmail.

[brassnecked]

Might be worth using this template that is advised for council tax, but i would have thought equally applicable for bailiff fees from a COUNCIL PCN.

 

"From:

My Name

My Address

To:

Acme Bailiff Co

Bailiff House

Ref: Account No: 123456

Dear Sir

With reference to the above account, Can you please provide me with a Breakdown of the charges.

This includes:

a - the time & date of any Bailiff action that incurred a Fee.

b - the reason for the fee.

c - the name(s) of the Bailiff(s) that attended on each occasion a Fee was charged.

d - the name(s) of the Court(s) the Bailiff(s) was/were certificated at.

e - the date of the Certification.

 

This is not a Subject access request under the Data Protection Act S7 1998 so does not incur a fee of £10. You are obliged to provide this information.

I require this information within 14 days.

 

Yours faithfully

 

 

Ripped off customer"