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Hi all, hope you can shed some insight into this situation for me!

 

I'm currently abroad on holiday but received word from a friend minding my car that it had been seized by Newlyns in regards to a previous owner's fines.

I've thankfully managed to have it released and it's currently at a friend's.

 

I don't understand why they seized the vehicle, as when they encountered it, it was already in my name (i.e. I was the registered keeper) according to the DVLA.

To the best of my knowledge, the registered keeper is the one responsible for any tickets, fines, etc., not the owner (unless it pertains to insurance matters) - is this correct?

 

when I bought the car and the DVLA updated their records to show that I was the new registered keeper, shouldn't they have left the car alone?

I understand that they may have suspected that the owner was the debtor, but doesn't a new registered keeper raise reasonable doubt?

 

My friend took photos before driving away from the garage where the car was being stored and I can see clear damage to the vehicle.

I have photographic evidence of the condition the vehicle was in before they seized it from a month earlier and witnesses who can attest that when they last saw the vehicle, it was in the same condition.

 

My car is covered in scratches and dents, and they've managed to damage one of the front headlights as well as break some of the chassis under the car (can see a piece of metal sticking out).

Once I return and see the car in person, I can make a full assessment of damage.

 

I feel this is clearly on Newlyns and the city council they were collecting on behalf of to fix.

I've filed complaints with both - once when the car was seized after it was already in my name and then I updated that complaint with the initial damage I noted.

However, with the holiday season, I doubt I'll be hearing back soon.

 

I was just wondering what my options were and how to best proceed.

Should I expect that Newlyns and the city council won't easily agree to pay for damages?

Should I notify my insurance (I also have legal cover), so that they can help me with this in case Newlyns and the council won't pay?

 

I've also become a bit worried, as if they can take the car despite me being the registered keeper, is there anything I can do to check if other bailiff companies or councils are looking to collect on debts from a previous owner(s)?

 

Thank you!

Edited by dx100uk
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As you have legal cover it would be wise to ask them about this as the mere fact the insurers lawyers taking the matter on may be enough to get the council that ordered the bailiffs in to try and settle without it going to court.

 

have you got a quote for making good the damage?

You cnat start anything until you send that to the council and see what they say.

it is likely they will refute any liability and this is where the lawyers come in, you dont want to lose a claim becuase you have sued the wrong entity or got the details of the claim wrong.

 

suing both as co-defendants wil be the best move but get a price for the damage and a letter beofe action sent out and see what happens.

If you do this off your own back the insurer's legal people wont want to help so take their advice once you know what the cost of the repairs are.

Edited by dx100uk
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The RK at the time the offence occurred is the one named on the Warrant. The chances are the vehicle was identified by ANPR capture.


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Hi all, hope you can shed some insight into this situation for me!

 

I'm currently abroad on holiday but received word from a friend minding my car that it had been seized by Newlyns in regards to a previous owner's fines. I've thankfully managed to have it released and it's currently at a friend's.

 

How did you manage to get the vehicle released?

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I'll keep trying to get through to them! I've been trying for the past few days, but I think the holiday season is interfering with things.

 

I would expect that they would have some sort of professional responsibility to double check before towing away a vehicle...

 

I was able to submit the necessary documents via email and had thankfully left the key with the friend minding it - just had to sort out all the arrangements with the garage and friends.

Edited by yarismomma

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I'll keep trying to get through to them! I've been trying for the past few days, but I think the holiday season is interfering with things.

 

I would expect that they would have some sort of professional responsibility to double check before towing away a vehicle...

 

I was able to submit the necessary documents via email and had thankfully left the key with the friend minding it - just had to sort out all the arrangements with the garage and friends.

 

They have performed properly. The fines were on the car. The fines were not paid. The court instructed the bailiffs to find and remove the car. They have done so.

 

The bailiff has to continue with enforcement until told otherwise by the court, or shown complete proof of what youre saying. Remember, theyve heard every story under the sun from people trying to avoid fines, or selling the car to a friend and claiming its not theirs now.

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I think you will find that the fines were on the owner of the car not the car itself. The Court instructed the bailiffs to collect the money owed from the owner of the car at the time of the offence.

We do not know if there was any subterfuge involved in the sale to avoid the car being taken as payment for the fines since we do not know

a] when the offences occurred

b] when the car was sold

c] when the DVLA was informed of the change of ownership

d] when the DVLA actually registered the change of ownership.

 

We do know that the car was released after being towed away which would suggest that Newlyns thought at the very least that perhaps it was not right to have removed the car.

 

The main beef that the OP has is the condition of the car on its return. And regardless if there was any kind of [problem] or not, the car should not have been damaged. If the bailiffs were culpable then the owner does have a claim for redress.

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But they will probably get away with it we really thought it was debtor, they all say that etc etc


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I think you will find that the fines were on the owner of the car not the car itself. The Court instructed the bailiffs to collect the money owed from the owner of the car at the time of the offence.

We do not know if there was any subterfuge involved in the sale to avoid the car being taken as payment for the fines since we do not know

a] when the offences occurred

b] when the car was sold

c] when the DVLA was informed of the change of ownership

d] when the DVLA actually registered the change of ownership.

 

We do know that the car was released after being towed away which would suggest that Newlyns thought at the very least that perhaps it was not right to have removed the car.

 

The main beef that the OP has is the condition of the car on its return. And regardless if there was any kind of [problem] or not, the car should not have been damaged. If the bailiffs were culpable then the owner does have a claim for redress.

 

 

Yeah, the main point is the damage. I have photos of the car before the seizure and after and the damage is all the result of the car being towed away.

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But they will probably get away with it we really thought it was debtor, they all say that etc etc

 

You know, regardless of whether they get away with towing it away, I am more than prepared to do the legwork and follow up with whoever I need to fix the damage to the car.

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If you have concrete proof, send their head office a full.complaint with Bill for repairs and give them 7-14 days to send you cleared funds.

 

By the end of that time, if funds aren't received, follow up with a court claim.

 

Make sure you have complete proof as they're likely to call your bluff on it


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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@ renegadeimp, that's what I was alluding to in Post#8, they will try to wash their hands and deflect blame to whoever they used to tow the car, damage often occurs in storage which they will also bill the debtor for. So long as there is absolute proof, Newlyn in extremis if they don't pay up might have DCBL and the Can't Pay cameras calling to take the office computers etc... removing the HDD first though and giving them back to avoid DPA breaches.

 

That is what I would call poetic justice.


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Well, I have photographs and witnesses who can attest to the condition of the car when they last saw it, so hopefully that is enough!

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then get a price for the repairs and send it to the bailiffs and the council and invite them to pay up. They will be demanding a proper quotation because in all likliness if it is more than £1000 they will get their insurers involved. No quote and they wont talk to you

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I'd send it direct to the council first and copy to the bailiffs , as the bailiffs will shrug it off until they see the council were copied in . The bailiffs are agents of the council, so tell the council if they dont pay up, they will be named as co defendants.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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Unfortunately my legal cover won't extend to this, but they have reiterated what several of you have said and what I'm going to do next - send off a letter for claim to both the council and Newlyn. I'm coming back in a few days, so will finally get to see the damage in person and get some quotes. Hopefully it won't come to actually going to court, but I'm quite a tenacious person.

 

Thank you all for your advice so far! I'll post updates as to how I get on.

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Follow protocol first. Send the pre action letter giving them 7-14 days to send you cleared funds. Ensure you send copies of all evidence and invoices to both parties.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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You state that the car was stored in a garage so how did Newlyns know it was in the garage?

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You state that the car was stored in a garage so how did Newlyns know it was in the garage?

 

The car was parked in front of my friend's house when they found it. By garage, I meant the garage where they put the car afterwards and where it was retrieved from.

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It was on the road and not a Private Drive at your friends?


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Yeah, the first friend had it on the road. Second friend put it on the private drive.

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So Newlin snatched it off the drive not the road, this might be crucial for late and determine what action is appropriate.


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My friend took photos before driving away from the garage where the car was being stored and I can see clear damage to the vehicle.

 

I have photographic evidence of the condition the vehicle was in before they seized it from a month earlier and witnesses who can attest that when they last saw the vehicle, it was in the same condition.

 

My car is covered in scratches and dents, and they've managed to damage one of the front headlights as well as break some of the chassis under the car (can see a piece of metal sticking out).

 

Once I return and see the car in person, I can make a full assessment of damage.

 

There are a number of points that you need to take into consideration before you make your complaint. The first is that enforcement companies frequently remove vehicles and the companies contacted by the companies are experienced vehicle removal firms so damage to a vehicle should be a rare event.

 

Secondly, there is nothing to gain from damaging a vehicle and much to lose. Any damage would reduce the value of the vehicle and lessen the chance of the eventual sale covering the auction costs, bailiffs fees and debt to the council.

 

You mention that your friend took photos when he picked the car up from the storage location and that you are able to compare these to pictures of the car taken about a month before the seizure. Whilst it is helpful to have photos from a month earlier the fact remains, that this is not evidence of the condition of the car on the day that it was seized.

 

Most enforcement agents will take pictures of a vehicle at the time of seizure, and vehicle recovery companies will have a detailed record as well of the condition of the car at arrival at the pound. By all means make a complaint but please do post back with the response.

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The car was parked in front of my friend's house when they found it.

 

By garage, I meant the garage where they put the car afterwards and where it was retrieved from.

 

So, when the vehicle was immobilised, it was discovered on the public highway. Which 'garage' was the vehicle retrieved from and where?

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I understand what you're saying, but someone messed up somewhere in my case. Had I known that anything like this would happen, I would definitely have taken more recent photos. I do hope that someone took pictures at the time of seizure as well - if anything, it would help my complaint.

 

Yes, when it was taken, it was on a public road. My friend had to drive quite a ways out of town to get it from an autorepair/storage garage in Fillongley.

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