Newlyns and OH's PCN

[me_n_ze]

the other day a bailiff attended my home and had a warrant for my partner for a parking ticket at a cost of over £700.

 

The bailiff clamped the car and went away.

 

we phoned the bailiff later around 3pm that afternoon to tell him that the t7 and t9 forms was in place. I phoned him at about 6.30pm and asked him to remove the clamp and he refused saying the clamp would stay on the car over the weekend. He then turned up about a hour later to find the car and his clamp had gone:!:.

 

Today we got a letter from Newlyn Plc saying that

 

"we have removed your vehicle for non payment of a road traffic contravention" your vehicle will be sold\scrapped at auction in 7 days from the date of this letter unless you pay the sum of £1,465.85 plus storage.

 

in the same envelope there was another letter saying

"our records show that the debt has not been paid and furthermore, that the wheelclamp has been forcibly removed without permission. It is therefore our intention to increase the balance of your debt by £250 to cover the cost of the loss of our property, and the criminal claim we intend to start against you

 

In order to avoid further bailiff action and to obtain a speedy settlement of this matter, we are prepared to accept payment of the outstanding balance of £1465.85"

 

I phoned up Newlyn and asked if they had the car in a compound and they said "No" and that we cut the clamp off. I said that it wasn't me or my partner that cut the clamp off.

 

I then asked how their fees have gone from £700 to £1465.85 if they didn't have the car in a compound. I said that this is not correct, and further more is "a act of deception" as they knowingly know that that car was never removed.

 

The woman on the phone said that its the bailiffs fault as he told them to charge the fees. I said that the letter are from Newlyn and that the request for the money is from them and this maybe a criminal act asking for money that is not to the fee scale

 

I checked the certificate bailiff register and the bailiff is listed to work for JBW Group Ltd and NOT newlyn. this may well be that the site is not up to date but might well be correct. his bail bond is only got another 6 months to go.

 

I want to know what I can do

I know I can file a Form 4 about the bailiff but what can I do about Newlyn act in trying to charge fees that did not happen and the letters saying that they had the car when the didn't.

[lookinforinfo]

Have you heard back whether the T7 and T9 have been accepted and did you hear before the car and the clamp disappeared?

[wonkeydonkey]

You must start a Formal Complaint with the Council and copy in Bailiffs. Write to the council listing all the contentious issues and when sending mark the envelope for the attention of the CEO and Formal Complaint send recorded delivery, send a copy to your MP and leader of the Council.

 

You must follow the complaints process to the end and then you will be able to submit a a form 4 complaint but only as a last option.

 

WD

[me_n_ze]

had a email that the court had the forms and that they was sending them to the council the day we filed them. the car had gone after the forms was sent and after the working day. so any action from the council would have been on the Monday.

[sgtbush]

the t7 and t9 are in place??

had you sent them and also had a reply of acceptance??

 

if not then you could be in sctum.

[ploddertom]

Who has the car?

[tomtubby]

It is important to first gt some background information.

 

Did you know about the PCN?

 

Had you appeal it?

 

On what grounds did you file the OTT?

 

Did you send the OTT to TEC by email and did you receive confirmation of safe receipt?

 

Roughly how much is the car worth and is in on finance?

 

I am surprised that you asked the bailiff to remove the clamp. In particular he would not receive notification from the local authority for approx 24 hours that you had sumbitted an OTT.

 

If a bailiff finds a clamp removed, then in a lot of cases they take the car as they believe that the debtor could very likely attempt to dispoe of the car.

 

The local authority has 19 business days (one month) in which to consider your OTT and the Traffic Enforcement Centre will respond approx 2 weeks later. As you will see, the case will be on hold for "at least" 6 weeks.

 

Which local authority issued the PCN?

 

With regards to the name of the bailiff, I have sent you a PM.

[me_n_ze]

we knew about the parking ticket, we appealed against the ticket. the grounds for the ott to tec was not getting a reply from the council. The car is worth £1500 at best and not on finance.

TEC did say that Bournemouth council was contacted and told about the forms on the Friday. the bailiff was wanting to clamp the car till the council told him to take it of or worse still could have removed the car.

We do not have the car but nor do Newlyn Plc

[ploddertom]

If you don't have the car and neither do Newlyn then it might be it has been stolen. Have you tried reporting it, if by some chance Newlyn are telling porkies then you'll soon find out.

[me_n_ze]

If you don't have the car and neither do Newlyn then it might be it has been stolen. Have you tried reporting it, if by some chance Newlyn are telling porkies then you'll soon find out.

The car is not stolen , we don't have it at the moment just in case of the bailiffs. I'm sure that they will be wanting the car even more so if they could get their grubby hands on it. LoL

[sgtbush]

if the car has a levy on it, your running the risk of being arrested for theft, under torts(interfierance of goods act) and criminal damage

[tomtubby]

The Distress for Rent rules specifically provide that if there is a change to the bailffs certificate that the bailiff MUST WITHOUT DELAY apply to the court for his certificate to be changed.

 

If the bailiff is showing as certificated to work for JBW Group then when his employment ends, JBW Group will CANCEL his Bailiff Bond. The local authrority have a durty to ensure that bailiffs enforcing their warrants are properly certificated.

 

The letter from Newlyn CLEARLY provides that they have removed the vehicle. They cannot possibly now claim that they do NOT have the vehicle. Furthermore, the local authority are wholly responsible and they MUST sort this problem out right now.

[brassnecked]

Is it possible Newlyn have already sold the car, and are being obstructive, as they want more money due to the car fetching peanuts, and not covering their fees? It is also a possibility they have damaged the car, and are trying to wriggle out of it also

[ploddertom]

The car is not stolen , we don't have it at the moment just in case of the bailiffs. I'm sure that they will be wanting the car even more so if they could get their grubby hands on it. LoL

 

PT

[brassnecked]

Thanks PT, car must be hidden then, OP should be very very careful in that case.

[unclebulgaria67]

If the OP had reason to believe that the bailiff was acting unlawfully, as there was a problem with their certificate, then they could use this to explain their action in having the car removed to a safe place.

[lamma]

Rescue is valid recourse to an illegal Distress.

[brassnecked]

Rescue is valid recourse to an illegal Distress.

Yes it is, especially if any initial clamping was deemed to be unlawful.

[tomtubby]

If an Out of Time witness statement has been filed then the car CANNOT be sold. All enforcement must cease. This is specifically provided under paragraph 8.1 of CPR75.

[me_n_ze]

I have had the same problem many years back when bailiffs from drakes clamped a van of mine. The fees was incorrect at the time as he had 3 congestion charge warrants. But was applying full fees to each warrant. The there was some action that ended up his wheel clamp was damaged. I was arrested for criminal damage, but after telling the CPS that the bailiff fees are incorrect and he had no legal rights to fitting the clamp so was not charged with the offence.

[me_n_ze]

Tomtubby

Did you check the bailiff and did your check come back with him working for JBW group and NOT Newlyn

[me_n_ze]

Is it possible Newlyn have already sold the car, and are being obstructive, as they want more money due to the car fetching peanuts, and not covering their fees? It is also a possibility they have damaged the car, and are trying to wriggle out of it also

The car has not been sold nor damaged........

[tomtubby]

He is still showing on the HMCS Bailiff Register as being certificated to work for JBW Group.

 

There is a strict reguirement under the Distress for Rent Rules 1988 that the bailiff MUST WITHOUT DELAY apply to the court if there has been ANY CHANGE to his bailiff certificate.

 

This particular matter should be brought to the attention of the local authority.

 

The reason being that when a bailif leaves his previous employer his Bailiff Bond will be CANCELLED by JBW Group.

 

PS: Has Newlyn confirm to you that they have your vehicle?

[me_n_ze]

I sent a email to Bournemouth council and this is what I put to them. please note i'm not the best at writing letter or putting things across well but i'm sure its good enough

 

 

 

To whom it may concern.

Ticket number BB81023***

This ticket is for Miss z ****** and I'm miss ****** partner J**** ******.

We had a vist on the 22 February 2013 the bailiff clamped the car and said to me that the fees was £700. I told him that miss **** will call him. He left without leaving any levvy paperwork. Miss ****** contacted TEC filing T7 & T9 forms. Miss ****** phoned the bailiff at around 3pm to tell him that the forms was in place. I contacted the bailiff and He said that the clamp would stay on the car over the weekend. I informed him he had no rights to immobilise the car. He said the car was seized. I told him it was only immobilised and not siezed. As no paperwork was left nor was the car romoved and in storage. I told him to come collect the clamp as someone is coming to collect the car and keep it safe. He refused to remove it. The car was removed by a third party and is now in a safe storage.

We received a let from Newlyn dated 4 march 2013 informing miss ****** that the car had been removed by them and is in storage and will be sold or scrapped if the fees of £1465.84 is paid. They also sent another letter adding the cost of £250 for the clamp. Please see attached photos of the letters about the removed vehicle.

I would like to point out that Newlyn have not got the car in storage but are charging fees for the removal of the car. This is a deceptive act and is a criminal act. As Newlyn are contracted by Bournemouth council Bournemouth council are responsible for any illegal act that Newlyn carry out.

I checked the bailiff register and Mr **** is showing on the register as to work for JBW Group and not Newlyn. This bailiff must be registered to the Newlyn.

I would like you to request full break down of all the fee's applied to this account.

If any of the fees are incorrect I would like Bournemouth council to carry out a investigation and impose maximum penalties for breaching the law and informing me with your actions.

I hope this case will be dealt with quickly. If you need any further information please contact me on this email.

Thanks

J**** ******

Edited March 8, 2013 by honeybee13

[me_n_ze]

He is still showing on the HMCS Bailiff Register as being certificated to work for JBW Group.

 

There is a strict reguirement under the Distress for Rent Rules 1988 that the bailiff MUST WITHOUT DELAY apply to the court if there has been ANY CHANGE to his bailiff certificate.

 

This particular matter should be brought to the attention of the local authority.

 

The reason being that when a bailif leaves his previous employer his Bailiff Bond will be CANCELLED by JBW Group.

 

PS: Has Newlyn confirm to you that they have your vehicle?

I phoned Newlyn knowing that they didn't have the car and asked if they had the car, and after a few minutes the women on the phone said "you still have the car don't you ?" and then said "you cut the clamp off" at which point I made it clear that I didn't cut the clamp off and that Newlyn has not got the car in storage