Newlyns- they had made a levy on my car due to an outstanding pcn

[Jamesx81x]

Hi

 

Just a few questions i have regarding Newlyns Bailiffs

 

This morning i had a letter pushed through my door that stated they had made a levy on my car due to an outstanding PCN.

 

Firstly they have added charges that are more than the outstanding PCN itself. Can they do this?

 

They also refer to a warrant of execution but i have received no such warrant neither have they provided me with a copy. I find all this a little excessive as its the first time i have heard from them.

 

The car itself is subject to outstanding Hire Purchase so i am not the legal owner. I have read various posts where bailiff companies see, to ignore this fact.

 

Also i will be filing an Out of Time through the TEC as i made an initial appeal and never heard anything after that so assumed they had scrapped the PCN. Is it right that they cannot carry out any further action while one of this is in place and how would i go about enforcing it if they tried to take further action?

 

Thanks for your help its appreciated

 

James

[ploddertom]

You will need to provide copies of your HP Agreement to them also asking that they therefore remove all the associated costs. Have you chased up your OOT to see what happened. Have you moved since the alleged offence was committed?

[Jamesx81x]

I have not yet made an out of time, i was asking if i have grounds to do so due to me not getting a response from the council on my appeal. Not heard a thing since so was under impression they had scrapped it.

 

Also how can the bailiff add £170 in charges when i have received no letter, no initial attendances anything like that.

 

I get a letter shoved through my door with an intial PCN charge of £110 then there huge charges of £170.

 

On the back it refers to a walking possession agreement which is unsigned by me and one of the sections clearly states it cannot be taken out on goods with outstanding finance. They have admitted themselves they cannot take the car haven't they?

 

They say they are acting on a warrant issued from NCCBC something i have never seen. They have today seized the goods - well they havent done that.

 

The notice of seizure says make payment within 6 days from todays date, but on the back it says i have agreed they may remove the car at any time after the 14th.

 

I have agreed to or signed nothing so how do they work that out.

 

Thanks for the help.

[Jamesx81x]

So looking at it properly they have issued and charged me for a seizure that has not taken place!

[ploddertom]

The Bailiff will not be aware the vehicle is on finance, that's why you must tell them & provide details.

[Jamberson]

I have not yet made an out of time, i was asking if i have grounds to do so due to me not getting a response from the council on my appeal. Not heard a thing since so was under impression they had scrapped it.

 

The answer is yes you can - but the Council do not have to accept it. If there is a convincing reason why you wouldn't have received the letters, eg they were not writing to your home address, then you have a good chance. If not, they may well reject your application. Nothing to lose by trying though.

[Jamesx81x]

Ok thanks for the advice guys appreciate it.

 

What about the fact they have issued a seizure notice on something they have not seized? And what if they carry on as i have read in other posts bailifs still taking cars on HP in order to get people to pay up. Could i report them for theft?

 

James

[BananaRepublic]

I don't know what others think but I would let the HP company know and give them the details of the Bailiff. The HP Company might blow their stack as any car on HP belongs to them. They might even demand an immediate return.

[zydeco]

The warrant of execution is what gives the bailiff the legal right to levy distress and seize your goods.

By "seize" it does not mean that he physically takes your goods as that comes later.

If the bailiff levies on a car that is the subject of an HP agreement then the levy and associated fees are invalid but you have to inform the numpty, oops bailiff that this is the case and he of course won't accept this so if it goes further the HP company might have something to say about their property being stolen.

[Jamesx81x]

Thanks zydeco i understand the notice i received today now.

 

What is still bothering me is where are my letters informing me they are dealing with the pcn, where were the initial visits? How can they just turn up out of the blue and levy my car on the first time i hear from them. I have seen no warrant of execution either!

 

I have no problems paying the PCN, i would have done so had the council informed me they had rejected my appeal.

 

But not to hear nothing from them then find out i have had these huge fees added is a little unfair and stressful and the council should take some responsibility for their actions

[Jamberson]

What is still bothering me is where are my letters informing me they are dealing with the pcn

 

Phone the council in the morning and ask them which address they were posting the notices to. If it is not the correct address, then that will give you the grounds for the statutory declaration. If it is correct, then you can only speculate on why you didn't receive them.

[Jamesx81x]

Its the actual response to my appeal to the parking manager i didn't receive from the council.

 

I haven't received anything from Newlyns until today they are the letters i am referring to.

 

Thanks

[Jamberson]

Not sure why you appealed to the parking manager - he/she wouldn't deal with appeals - they have a team of staff for that. No matter though.

 

You should have received a chain of notices through the post, besides a reply to your appeal. If you had these, and they were sent to the correct address, then your case is not strong.

[Jamesx81x]

I am aware i sould have received the NTO but didnt.

 

As i have previusly said Newylns turned up and placed a levy on my car and thats the first i had heard from them. No initial visits, not any they have informed me of anyway. By reading various other posts it looks like it not uncommon to behave like this either.

 

Besides that the car isnt legally mine and i have now informed them. They cannot legally sell the car so not point levying it.

 

They never seem to want to talk either the office, people try sorting matters out with them yet they just let the bailif try and scare you hoping you dont know how things work

[Jamesx81x]

I have spoke with the council today, they informed me the total they are claiming is £82 not the £119 Newlyns stated

 

So under the regulations it should be the £82 they are working their charges out on should it not?

 

Thanks

[lookinforinfo]

Well Newlyns will have added their fees to the cost and they usually aren't very good at arriving at the correct figures. However they are very inventive-they charge for visits they have never made and in time they will add more and more imaginary fees.

 

All you have to do is not let them into your home and they can do nothing. So do not leave doors or windows open as they are allowed entry by peaceable means, but are unable to force their way in

although they will tell you that they are coming round with a locksmith etc etc. It's all a load of old toffee designed to scare you into paying them.

 

Do not speak them and do not open the door to them. Pay the Council online and have nothing to do with Newlyn. Many councils have cash machines in their offices where you can pay as well.

 

They cannot charge for the levy on the car since it is not yours to levy on.

[Jamesx81x]

Thanks lookingforinfo.

 

It is 2 separate sections, they have one for Local Authority Costs and one for theirs then have combined. They have stated £119 for the Councils fees and today the Council told me that is wrong it is only £82.

 

So like i said am sure by using the 28% under the regs they will have worked out what they are owed wrong.

 

As for you saying they charge for visits they have never made that is true the first i heard from them was the other day when i had that shoved through my door. They have mad no previous visits at all but it is a sorry state they are allowed to worsen a persons situation by doing that.

 

I intend to pay the council direct but am still a little worried they will take the car as so far they have refused to listen to me.

 

Thanks

[Jamesx81x]

On the breakdown of charges there is a fee for £105 named 'Enforcement Fee'.

 

What is this fee exactly and is it legal for them to apply it?

 

Thanks