Newlyn - they want to sell my car for unpaid parking tickets from the previuos owner!

[anz15]

i have been sent this email by newlyn

 

 

can anyone advise me what to do as they said they will sell my car in 48 hours!!

thank you.

 

If it is your intention to take this matter further against Newlyn PLC by issuing Court proceedings,

you must do so in accordance with Paragraph 60(4)(a) of Schedule 12 of the Taking Control of Goods Regulations 2013

. Your remedy is to make an application under CPR 85 to your local County Court,

making a payment into the court for the value of the controlled goods.

 

We anticipate that the goods will sell for £1600.00 which is considered the value amount, with the addition of £40.00 per day storage charges.

If a sealed Court Order is not received within 48 hours of this email, the vehicle will be entered into public auction to discharge the Warrant of Control.

 

If you are in any doubt as to your position you should seek independent legal advice as a matter of urgency.

Any legal action taken against Newlyn PLC, our creditor or our Enforcement agent will be taken very seriously and vigorously defended.

In the event that we are successful in defending any claim on controlled goods made, we will seek to recover our wasted costs of doing so through a costs order of the Court.

 

We reserve the right to show this email to the Court in the event that you take legal proceedings against Newlyn PLC or our creditor.

 

I would suggest however that you discuss this matter with the named debtor and simply ensure that the Warrant(s) of control issued against them are discharged

, thus ensuring the released of the controlled goods.

 

Regards Newlyn PLC.

Edited November 6, 2015 by honeybee13
Paras.

[honeybee13]

Hello and welcome to CAG.

 

I've started a new thread for you so that you can have advice on your particular situation rather than someone else's. The forum guys should be along later.

 

My best, HB

[dx100uk]

so what the debt they are chasing council tax?

[anz15]

Hello and welcome to CAG.

 

I've started a new thread for you so that you can have advice on your particular situation rather than someone else's. The forum guys should be along later.

 

My best, HB

 

thank you for that

[anz15]

so what the debt they are chasing council tax?

 

unpaid parking tickets from the previuos owner

[obiter dictum]

Why not just show them the V5 in your name??

[anz15]

Why not just show them the V5 in your name??

 

i bought the from traders on the 1st of october and iv only got the green slip and the reciept and still awaiting fot log full log book and btw iv sen in proof that i am the new owner but still rejected my claim and email that they will sell my car with in 48 hours.

[obiter dictum]

How did they then trace the car to your address if the V5 is not yet in your name??

[renegadeimp]

The details are probably already updated on the system. DVLA are notoriously slow for getting the paperwork out.

[brassnecked]

Any other background, where and when did they take control of the vehicle? They look to be forcing you into interpleader as per Sch 12 where you will have to make an application and pay the £1600 estimated value into the court.

 

How did you pay for the vehicle, and was the receipt on headed paper? Have sou sent copies to the creditor?

[ericsbrother]

was the car's finance history checked by yourself or the dealership? It looks as though the vehicle was sold to them when it had a control order on it. That means you can get you money back from the dealers but it will be a very hard slog.

[ericsbrother]

where did they sieze the car from?

[anz15]

How did they then trace the car to your address if the V5 is not yet in your name??

 

im not sure how they located the car but i woke to them towing it away

[anz15]

Any other background, where and when did they take control of the vehicle? They look to be forcing you into interpleader as oer Sch 12 where you will have to make an application and pay the £1600 estimated value into the court.

 

How did you pay for the vehicle, and was the receipt on headed paper? Have sou sent copies to the creditor?

 

i bought the car as salvage and repaired it, i spent quite alot on it

[brassnecked]

i bought the car as salvage and repaired it, i spent quite alot on it

Does the receipt have the Salvage Companies logo on it?

[ericsbrother]

Where was the car parked- on a public road or on private property.

 

 

If they towed from private property at an address that is not on their warrant they are in trouble.

you can check this with the original court.

If it was on the public highway then they arent.

 

Be more detailed in your answers and we wont have to ask so many questions.

 

 

Did the salvage co/original owner inform the DVLA the car was scrapped/sent to salvage

and was this recorded on the documents you have (your insurance for example) it will all help prove ownership

and Newlyns will be less likely to want to sell it and have to pay you a bundle of money back later.

 

 

They should have known when they were searching for the vehicle (they should have done a check with the DVLA and this will be recorded at the DVLA

so ask them who has done a search and when)

 

 

who the keeper was at the time and have proof that their records were correct on the day they took the vehicle

unless the car was controlled goods before that date.

 

 

They wont be able to charge you storage as you have no contract with them as any claim they have is with the original owner.

[ploddertom]

I'm a little wary of this as it has been more than 24 hours since certain questions have been asked with no response. Would have thought if it was as urgent as first made out then we may have seen some response.

 

Hopefully I have my wires crossed and apologise if I have, but ...................................

[Bailiff Advice]

I'm a little wary of this as it has been more than 24 hours since certain questions have been asked with no response. Would have thought if it was as urgent as first made out then we may have seen some response.

 

Hopefully I have my wires crossed and apologise if I have, but ...................................

 

I became concerned at the use of one line answers. I have no reason to doubt that the question is genuine but I fear that there may be some background information regarding the purchase of the car that may lead to a degree of doubt.

[Bailiff Advice]

 

Your remedy is to make an application under CPR 85 to your local County Court, making a payment into the court for the value of the controlled goods.

 

We anticipate that the goods will sell for £1600.00 which is considered the value amount, with the addition of £40.00 per day storage charges.

If a sealed Court Order is not received within 48 hours of this email, the vehicle will be entered into public auction to discharge the Warrant of Control.

 

I am a stickler for accurate information and that is why I wish to highlight the above which was contained in a letter from Newlyn Plc to the poster.

 

The correct position is that it will be for a JUDGE to decide and not Newlyn Plc as to whether or not a payment has to be made into court and how much. Such applications are thankfully very rare indeed.

[AndyOrch]

The relevant CPR is 85.10 e BA.

 

Regards

 

Andy

[Fair-Parking]

I've said it before and now the Crown Prosecution Service appears to agree with me, Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 does not apply to parking - it only applies to judicial courts and not the Traffic Enforcement Centre which is not a judicial court. Thus CPR 85 does not apply either

[Bailiff Advice]

I've said it before and now the Crown Prosecution Service appears to agree with me, Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 does not apply to parking - it only applies to judicial courts and not the Traffic Enforcement Centre which is not a judicial court. Thus CPR 85 does not apply either

 

Can you provide further details.

[Fair-Parking]

I sent you a copy of the letter on 17th October.

 

A discontinuance of a prosecution brought under Section 68a, Schedule 12 of the Tribunals, Courts & Enforcement Act 2007 following representations composed by Fair Parking and due to be heard in Westminster Magistrates Court court 5 days later.

[Bailiff Advice]

i bought the car as salvage and repaired it, i spent quite alot on it

 

Do you have any update on this query? Did you manage to get the car back from Newlyn?