Clamped By Newlyn!

[mrvex]

Hi there everyone,

 

Today whilst I was at work I received a message from my girlfriend saying my car has been clamped and they want £1000 to free it.

 

Me of course loosing my mind and stressing beyond all belief I tried and tried with them to say I will pay the balance

in installments and they said due to the value of my car they cannot offer a payment arrangement.

 

The person that was dealing with my file said he will speak to his team leader to authorise a price of £732 or so,

this was declined by the "team leader".

 

Then I said is there a way I could pay over the phone,

he replies "no payments are taken over the phone" and in the next 15 minutes

if you don't pay we will call a truck to take your car away

and you will have to collect it from the pound and incur truck charges.

 

He was also not willing to wait for me to leave work and come home to pay off the balance

and apparently called a truck to collect my car while I was en route.

 

I would also like to add that a letter was supposedly sent to my home address

 

(not where my car was clamped) on the 4th of June which I am yet to see.

 

When I got home It had come to my attention that my girlfriends mother had paid the fee £1133.22!!

 

This consisted of the below.

 

Ticket 1:

Penalty and/or court fees £172.00

Bailiff fees Inc VAT £522.36

Total £724.36

 

Ticket 2

Penalty and/or court fees £172.00

Bailiff fees Inc VAT £104.86 - Different from above??

Total Outstanding £276.86

 

Total by my calculations: £1,001.22/ Debit card reciept from Newlyn showing £1133.22.

 

I was told that I incurred a truck fee even though the truck was not present, or it did not show this anywhere on the paperwork I was provided.

 

Can someone please please advise me as to what I should do here as I REALLY cannot afford to loose in excess if £1,000. ARE THEY REALLY ALLOWED TO TO THIS TO ME!!!!

 

Thank you.

[unclebulgaria67]

Can you post up details of these tickets and who issued them. You should have had many letters asking for payment and if no arrangement was made that bailiffs would be authorised to collect.

 

You can ask the bailiff for a full breakdown of their fees and documents to evidence all activities that they have undertaken.

 

"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

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"

[mrvex]

They are parking tickets from Harrow council. All I have received is prompts for payments from the council. No letters from the bailiff so far.

 

I am in the process of sending the letter.

[unclebulgaria67]

They are parking tickets from Harrow council. All I have received is prompts for payments from the council. No letters from the bailiff so far.

 

I am in the process of sending the letter.

 

Original value of parking tickets, when issued ? What letters you had ? Did DVLA have your correct address so Harrow Council could send any letters to the correct address ?

[mrvex]

Original value of parking tickets, when issued ? What letters you had ? Did DVLA have your correct address so Harrow Council could send any letters to the correct address ?

 

They were issued in November, do the dates matter? The letters said if you do not pay then bailiffs will be instructed via the traffic center (obviously not in those words) Harrow council sent letters to the correct address via the DVLA because I received them.

[unclebulgaria67]

They were issued in November, do the dates matter? The letters said if you do not pay then bailiffs will be instructed via the traffic center (obviously not in those words) Harrow council sent letters to the correct address via the DVLA because I received them.

 

The original PCN's matter, as the fees payble to a bailiff are covered by law. ( http://www.legislation.gov.uk/uksi/2003/1857/made )

 

Dates are not important, as within the last 12 months anyway. But it is more a question of whether you had the paperwork from the council, which you appear to have received.

[mrvex]

Yes I have received threatening council letters but no Newlyn letters. Does that mean there is nothing I can do?

[unclebulgaria67]

Yes I have received threatening council letters but no Newlyn letters. Does that mean there is nothing I can do?

 

You can dispute the bailiff fees. Send the letter to the bailiffs for the info and post back.

 

If there was any issue with the parking tickets, you should have dealt with it at the time. It is a bit late now, so in my opinion just a case of disputing the bailiff fees.

[mrvex]

I am pretty sure I have not received a statutory declaration form yet though?!

[unclebulgaria67]

I am pretty sure I have not received a statutory declaration form yet though?!

 

Why don't you phone National Debtline about this and you can run through everything, to see what they say. Or you could post FULL details on CAG and someone may come along that knows all the correct documentation that should be issued.

[mrvex]

oh... :-I

[tomtubby]

I work one day a week for a debt charity and it is incredible the amount of cases that I hear of where a debtor complains that he had not received a LETTER FROM A BAILIFF !!!

 

Firstly, there is NO regulation that provides that a bailiff company must send a letter. The regulations merely provide that IF a letter is to be sent that the bailiff company can charge a fee of £11.20

 

I would urge anyone with a parking ticket to ensure that they deal with the matter BEFORE the debt is registered with TEC but almost certainly....BEFORE the case is referred to a bailiff.

[mrvex]

The clamper informed me a letter was sent on the 4th of June which I didn't receive, I would of done something about this as soon as I knew a bailiff was involved. I appreciate that but I did not have the money to pay it and the council don't care about that and wont help with anything that I COULD pay, but I am still yet to see one of these....?!

[mrvex]

update: OK so I am unable to apply for this as I have just read. It seems you can only apply for a statutory declaration if you have already challenged the notice. Can someone confirm this is true?

 

Thanks

[unclebulgaria67]

update: OK so I am unable to apply for this as I have just read. It seems you can only apply for a statutory declaration if you have already challenged the notice. Can someone confirm this is true?

 

Thanks

 

If you could submit a statutory declaration what would the basis of this be ?

 

Many of the people who ask for help on CAG were not aware of PCN's and/or did not receive any correspondence from the council who issued them. In your case, you appear to have received the PCN's and correspondence from the council. As has been pointed out, the bailiff company did not need to send you a letter before their visit.

[tomtubby]

On receipt of the Order for Recovery you have a certain number of days in which to complete a witness statement/statutory declaration. If you complete the stat dec/witness statement as this stage and you tick the box to state that you had not received the parking ticket or Notice to Owner, then the case will AUTOMATICALLY be "rewound" and the local authority will need to then issue a new Notice to Owner.

 

This will give the respondent a further opportunity to either pay the charge at the REDUCED rate or alternatively, to appeal the PCN to the local authority.

[tomtubby]

update: OK so I am unable to apply for this as I have just read. It seems you can only apply for a statutory declaration if you have already challenged the notice.

 

.

I am not sure what you mean by this?

 

You seem to have read something about a Statutory Declaration. What have you read?

[mrvex]

It was a Statutory Declaration form from harrow which I found. here is the link to the page.

 

http://forums.pepipoo.com/lofiversion/index.php/t75215.html

[tomtubby]

The post on Pepipoo demonstrates very well the CORRECT procedure.

 

In this case the respondent competed the stat dec at the Order for Recovery stage and TEC replied to state that they received the completed stat dec/witness statement on 26th March and that the effect of this was that the Order for Recovery was REVOKED and the Charge Certificate cancelled.

 

This is why it is so important to ensure that you do not wait to receive a bailiff letter.

 

At the very latest, if you had not received a ticket on your car then you could file the stat dec on receipt of the Order for Recovery and this would AUTOMATICALLY mean that the case gets "rewound" back to the Notice to Owner stage. You could then of paid the PCN at the reduced rate.

 

If everyone paid PCN's at the discounted rate...or appealed and get ahead of the correspondence then bailiffs would have very little work and we would all be DELIGHTED !!!!

[mrvex]

I have looked at the paperwork I have from the council and the most recent note is the ' Order for Recovery'. but this was received some weeks ago. Can anything be done?

 

Thanks

[unclebulgaria67]

I have looked at the paperwork I have from the council and the most recent note is the ' Order for Recovery'. but this was received some weeks ago. Can anything be done?

 

Thanks

 

On this 'order for recovery' what time limit does it set for any actions you can take to deal with it. Can you scan up the document, after blanking out anything which might identify you and then include a link.

 

Why don't you think that you should pay these tickets ? If you were put in front of a Judge, what defence would you offer ?

[tomtubby]

Once a warrant has been authorised, the respondent can complete a LATE witness statement. They would be required to provide a good reason as to why they had not filed the witness statement at the Order for Recovery stage. Common reasons include:

 

The notices had been sent to a wrong address

 

I was out of the country when the notices were delivered.

 

I was in hospital and did not receive any post.

 

Partnership/marriage breakdown and moved out of marital home.

 

etc, etc

 

Coming back to your case, you have confirmed that you received all notices (including the Order for Recovery) and I cannot therefore see that you have any grounds in which to file a late witness statement.

[mrvex]

http://www.bdl.org.uk/images/Bailiffs%27%20fees%20for%20parking%20penalties%20in%20the%20county%20court.pdf

 

From what I can see, they are allowed to charge me (this is assuming they are allowed to share the levy between two parking fines, which they are not)

 

1 x £11.20 for a letter if they sent you one before attending

For making a levy on your vehicle = 28% of £200 (£56) plus 5.5% of £144 (£7.92) = £63.92

Attempted visit to make levy = reasonable costs

Cost of attending to remove = reasonable costs

 

Somehow they have managed to charge another £800 or so for these ‘reasonable costs’! Outrageous

 

any thoughts on this would be appreciated, you may need to read my costs in my first post to come to a decision.

[unclebulgaria67]

http://www.bdl.org.uk/images/Bailiffs%27%20fees%20for%20parking%20penalties%20in%20the%20county%20court.pdf

 

From what I can see, they are allowed to charge me (this is assuming they are allowed to share the levy between two parking fines, which they are not)

 

1 x £11.20 for a letter if they sent you one before attending

For making a levy on your vehicle = 28% of £200 (£56) plus 5.5% of £144 (£7.92) = £63.92

Attempted visit to make levy = reasonable costs

Cost of attending to remove = reasonable costs

 

Somehow they have managed to charge another £800 or so for these ‘reasonable costs’! Outrageous

 

any thoughts on this would be appreciated, you may need to read my costs in my first post to come to a decision.

 

The fees do appear wrong, so you need to get a detailed breakdown from the bailiffs. You may end up having to take them to court to obtain a refund of excess fees.

[mrvex]

Quick update here, after sending a mail/email I received this via email:

 

Newlyn Reference:

Council Reference:

 

Dear

 

Arrears of: Road Traffic debt owed to London Borough of Harrow

In the Name of:

Total Outstanding: £-22.80

 

We acknowledge receipt of your recent email received by this office.

 

We are currently in the process of investigating the circumstances surrounding this matter and will respond to you during the course of the following 10 days.

 

 

Yours Faithfully

 

 

NEWLYN PLC

 

 

I am yet to receive a further reply so a reminder has been sent today via 1st class rec and emailed.

Edited July 10, 2013 by mrvex