Newlyn clamped car in supermarket car park 2*Harrow Council PCN's

[Pepe2004]

NEWLYN BAILIFF CLAMPED CAR 21ST DEC

 

MY car was clamped and i was asked to pay £1303 to release ,these were for two pcn's that i was not even aware of.

 

My car was clamped in the supermarket car park during christmas time

,is this legal as the bailiff used ANPR to track the car i presume

 

I have logged pe2/pe3 and a te7/te9 to have this 2 PCN Reviewed and sent back to Northampton TEC Bulk processing with a statutory declaration ,and will challenge with harrow borough council when they notify me

 

i paid approx £500 to get clamp released ......what can i do next as i had to borrow the money to pay this

 

How can i complain to the council firstly and than the bailiff as i searched your site for template letters ,but could not find any available

 

I did not receive any notice from Newlyn that they were pursuing a sum of money on two PCNs

 

Disgusting that a bailiff has the right to clamp even if you not at your address ,but shopping.

 

low life thats all i can say

[Old Snowy]

When do these PCN's date back to?

 

If the Warrant/Warrants of Execution are more than a year old then Newlyn will have been on dodgy ground to say the least as such warrants are valid only for 12 months.

 

Did you ask for sight of the warrant(s) at the time? The law requires that a bailiff is in possession of a warrant - not just "knows about it" - when he executes it. I'd just bet a pound to a pinch that he didn't actually have it with him and was relying solely on a computer record on his ANPR system when he clamped your car.

 

It will be good to know what Harrow have to say about the situation?

[Pepe2004]

PCN Dated 28/3/13 and 10/04/13 were the dates of the charge certificates,however i had not received any correspondence with reference to these,so they are not over 12 months old

 

I did ask for the sight of the warrant but he said his office has this,which answers your bet "a pound to a pinch"and relied on ANPR

I have had to send TE7/9 and PE2/3 to bulk centre with out of time declaration

Do i wait for reply from Northampton before pursuing with the Council and if there is a template letter available for a letter of complaint

 

warrant or warrants of execution were not even send or delivered by hand to my address prior to the clamping,my point is are they within their rights to clamp vehicles without notifying the owner ?

 

any help would be much appeaciated

 

Old Snowy ,,what do you suggest i do next

[unclebulgaria67]

You really need the input of Tomtubby on this, as this is their area of expertise.

 

Very annoying, but I don't think there are any current rules stopping them clamping your vehicle, where ever it is found. Your complaint would need to be about the PCN's.

[2ltr16valve]

Do the rules about clamping on private property not cover this ? Being a supermarket car park is likely to be just that.

I thought the only people that could clamp there were dvla and police ?

[lamma]

http://web.archive.org/web/20020703195409/http://www.parkinsonbailiff.co.uk/newsletters/nl_003.PDF

 

the courts seem to routinely ignore these points.

[tomtubby]

Pepe

 

I am sorry but I do have quite a few queries.

 

Firstly, you have stated that you were asked to pay £1,300 but that you have only paid £500. Is this correct?

 

Do you still have the car or was it removed?

 

You have stated that you did not know about the PCN's. Is there a reason as to WHY you had been unaware? For example, have you moved address, or is there an error with postal items ( such as documents being wrongly addressed to a different house/flat number) etc?

 

As the vehicle was "seized" there is a legal requirement for the bailiff to provide a copy of a Notice of seizure of Goods & Inventory (Form 7). Did the bailiff provide this to you?

 

You have mentioned that you were not shown the warrant. Unfortunately given the "electronic age" that we are in it is very rare to come across a case where a bailiff has a 'paper' warrant. Instead, almost every bailiff will show the debtor a copy of the warrant on either his mobile phone or iPad. However, in your case, the vehicle was seized after being detected by way of the bailiffs ANPR equipped vehicle. Accordingly, the bailiff would have been able to show you the warrant on the on-board computer.

 

Next you have filed OTT's. Do not be surprised if they are rejected. Sadly, many people do not understand the forms and fail to complete them correctly and this is leading to many rejections. If rejected, you may "appeal" by way of an N244 but this is not something that needs to be done today. A successful N244 is dependent on the grounds on which the OTT was filed.

 

The fees of £1,300 do NOT seem correct. Have you received a copy of the breakdown? If so, please provide details and I can compare it with the Harrow fee scale that I have a copy of ( from an FOI request).

[Pepe2004]

I still have the car

Did not receive the post as i am still receiving letters in some cases 3-4 weeks old

 

The bailiff did not provide me with this and as i told him what is it for ,he said PCN unpaid two of them one at & £731 and the other at £601,as i asked him to tell me the pcn numbers he wrote them on a small piece of paper

 

I continued to tell him i have not received these and can only pay £500 which i have to borrow as its 3 days to christmas , he said i cant accept that , you have to pay the higher one (£731) for me to unclamp you .

 

after a long stand off i got a friend to pay £500 and got a receipt for this including the reference number. I than came home wife fuming ....and looked on the council website to check the two pcn . this looks like my car but not sure as pictures not clear .

 

Put a OTT and waiting to hear from them now .

Received a letter in the post yesterday from bailiff stating balance to pay £862

 

I would appreciate a letter that i can send to the bailiff for the breakdown of fees and charges, as only when i got clamped i was aware, as no letters ,visits to the house etc have taken place

 

Thanks for getting back to me ,it is so unfair these bailiff can go round clamping , since dec, i have seen at least 11 cars clamped in harrow

[ploddertom]

"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"

 

Send initially by email followed by a copy in the post.

[Pepe2004]

thanks will send this off today and keep the post updated as soon as i receive a responce

[tomtubby]

Pepe,

 

Is there a particular reason as to why you had not received post?

 

Did you receive the Notice to Owner, Charge Certificate or the Order for Recovery?

 

Let me make it clear that you would NOT receive the warrant of execution in the post as this is sent to the bailiff company to enforce.

 

At lot of people believe that legally a bailiff company MUST write to the debtor to advise them that they are in receipt of a warrant. This is NOT CORRECT !!!

 

The correct position is that the bailiff company may if they wish write to the debtor and if they do so they may charge a fee of £11.20 ( and with vat £2.24 making a total of £13.44).

 

Also, it is important to be aware that whilst your OTT is being considered all bailiff enforcement is on hold but if the application is rejected, you may "seek a review" but this must be done within a strict time frame. If you fail to file an N244 the warrant becomes live once again and the bailiff may continue to enforce the warrant.

 

Last point, how old is your vehicle and roughly how much is it worth?

[Pepe2004]

No particular reasons for not receiving the post ,however this is also the case with the mortgage company and other parties

 

Take your points if rejected i have to seek a review within the timescales,whilst filing a N244,as i am unemployed it may help but who knows

 

Vehicle is only worth ££550 -600 if lucky as its a 13 years old

[Pepe2004]

bailiff turned up yesterday or must have sent his grandad in a battered old car to push a letter thru the letter box demanding payment

as this is court at present TEC ,what should i do ,call the bailiff company,or call teh court to check whats the progress ,,,,whether revoked of refused ?

[tomtubby]

Are you saying that the bailiff turned up on Sunday?

 

Once an OTT is filed all enforcement must CEASE ( until a decision has been made) and this means that the bailiff is NOT permitted to attend your property to request payment !!!

 

I would suggest that you send a TEXT message to him to advise that an OTT was filed.

[Pepe2004]

Yes he turned up in a battered S reg nissan old guy ,he was not the bailiff though ,pushed letter "TAKE FORMAL NOTICE...DELIVERED BY HAND "In line with instructions we have attended your property today to SEIZE AND DISTRAIN your possessions" into the property and drove off

I called the bailiff as i have his number from when he clamped me back in dec2013.he said he is following instructions from his office

i sent the letter requesting the breakdown of charges and fees and no reply to date

should i call Northampton TEC to check progress or call the bailiff office

 

Clamping that took place in the Supermarket carpark in dec last year,was a joke and i feel they just covering their back by sending me a formal demand

Have sent a letter with requesting breakdown Of fees as there are two PCNs

[brassnecked]

As tomtubby has said, once OTT is filed enforcement should cease, he SHOULD NOT be calling on a Sunday either.

[Ell-enn]

Did you send your letter to the bailiff company by recorded delivery (i.e. signed for) ? it wouldn't be the first time they've simply said they haven't got a letter..............

[Pepe2004]

i dont understand the "he should not be calling on a sunday " is there a law to say that .....apoligies a silly question

Called him and told him ref OTT,so we wait and see now

 

Yes Recorded delivery and faxed it with proof just to be safe

 

bailiff office calling my mobile now,should i call TEC to check progress of OTT,or local council which one is best as Council are waste of time i believe

[Pepe2004]

Ok here we go ,received reply from Newlyn reference the letter i sent :

 

FEES DETAILED AS BELOW

debt= 300.00

first letter= 11.20

hpi check 20.00

visit fee 1= 58.00

vat = 17.84

total 407.04

 

how can this be right when did not get a first letter or even a copy of this.

Case is still in TEC and not heard from them to date

[ploddertom]

Have they also given you the dates on which each one was done.

[Pepe2004]

No dates given to me when each one was done.There are two PCN but only one Newlyn Reference

Can they charge for an HPI check aslo?

 

funny first letter dated 16th Jan but car clamped in dec 2013 as they stated

They also want proof that their bailiff came sat 18th jan ,NOT 19th as i stated .

 

can they charge for a HPI check

[Pepe2004]

1st visit is £18.50 and 2nd is £24.50,how come i get a first visit charge £58

[ploddertom]

Two different types of debt. £24-50 &£18-00 are for Council Tax. Yours will be for a PCN.

[Pepe2004]

Thanks how silly of me ,

[ploddertom]

Not at all, something we all do from time to time.