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    • DQ done and will be sent today you guys always advise never to sign anything sent to the DCA as they can do all sorts with it but the DQ will have signature on it ??🙈
    • Have you had any confirmation in writing that they have given you the extra time. I've never heard of a telephone/verbal acknowledgement of service before. The County Courts can be very helpful – but they are also under resourced and very inefficient. I think I would only feel comfortable about this if you had something in writing but even if it was to some email it would still leave me uncertain. The last thing you want is to find that you been promised extra time on the telephone – but this doesn't make it through to the computer system and your client then applies for a judgement in default which you then have to try and set aside. In principle of course you could even apply for a strikeout on the basis that the protocol hadn't been followed but this will require an application notice – probably about 250 quid or maybe a bit more nowadays – and although technically speaking if the pre-action protocol hadn't been followed this should result in an immediate dismissal of the case, if it turned out that the client had sent something and it was lost in the post, for instance, or even if the client then came to have said something, this could cause uncertainty and difficulties. If you were to make that kind of application then frankly it would carry much more weight if it was accompanied by a draft defence and for that you would need to see the claim. Also, if you tried to ask for a dismissal on the basis that the protocol hadn't been followed, this would require a hearing and that could easily take several months to be heard so that you are up in the air. I think you should certainly put it in writing to the County Court that you have been unable to access the claim form. You should do this by email straightaway. I think the best thing to do is to make absolutely sure that the County Court has it in writing that you have received notification of the claim but you can't access the claim, that they have said to you that your verbal acknowledgement is sufficient to gain the extra 14 days – and then when you eventually get the claim form, we can consider the defence and also put in the dismissal/strikeout application at the same time which will cost you no money at all because it will be part of the defence and if you have a cogent basis for resisting the claim then the judge is likely to be supported. Also, just asking for a dismissal of the claim on the basis of no letter of claim leaves it wide open for your client to come back and try again in a more considered and structured and effective way. If a judge dismisses the claim on the basis that they find your defence more compelling, then that is the end of the story for the client. And that is what you really want.  
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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I received a envelope through my post yesterday evening, from Newlyn PLC, stating that I need to pay £513 immediately or the bailiff would be back to remove my belongings.

 

I received x3 PCNs in quick succession early in 2021, from Croydon Council for the same street (during the height of Covid19). 

 

The PCNs arrived at least 1 month after the alleged contravention.

I paid the 1st PCN, thinking that i had committed the contravention .

 

When i received the next 2 PCNs for the same street, I appealed them to the London Tribunals & won.

 

I never received any correspondence, PCN or anything else, in relation to the stated PCN, else I would have appealed it along with the other 2 PCNs.

 

How do a go about trying to quash this fee & stop the bailiff from attending my home?

 

Thanks 

 

 

newlyns control of goods.pdf

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well they cant just roll up and barge in so dont worry too much, 

 

can you pop what you have received to one mass PDF only

 

read our upload guide carefully.

 

they cant just rock-up and do that without previously sending a notice of enforcement.

 

have you moved since the incidents?

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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ok.

well you could try appealing using the forms you used before i will guess these:

you dealt with the others so why not this one?

they at the time should have equally been aware there was another PCN outstanding and dealt with that too or atleast told you.

 

not really sure but worth a try.

 

im sure a brief likewise note to the bailiff will halt things for now, once he know forms have gone in/history.

 

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanks dx 100uk,

 

Just so I’m clear,

 

1. I should first send email to bailiff saying x2 previous PCNs for same street went to tribunal & I won , this one I never received any correspondence so could not defend it else I would have & will now be defending it?

 

2. email the council tell them similar thing , send them tribunal decision of other two?

 

I need to get confirmation alleged contravention fir this PCN . How should I do that in terms of getting the council to release those details to me?

 

thanks

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Why not ring the contravention unit (sic) of the council first.

Find out why this has happened, but I've a funny feeling it will result in you using the appropriate forms in that link.

 

They might deal with the bailiffs for you, as there appears to be some comms breakdown .

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Bear in mind the Bailiff has not taken Control of anything as yet, but a favourite is a motor vehicle, so try to keep yours off road if you can or away from outside your premises for now, whilst following whart DX has already advised.

We could do with some help from you.

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If you want advice on your thread please PM me a link to your thread

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Thanks  

 

I don't recall completing the TE7 for the appeal on the x2 PCNs, which I actually did receive. In that instance I was appealing to the London Tribunals, the council's rejection of my appeal to the council .

 

I've attached 2 sections of the TE7 . With this bailiff situation, do I select the 'outside of the given time' or 'for more time' option, on the TE7

 

Is my reason for making the TE7 application , what I should be saying or am I missing anything?  Thanks 

 

 

I've spoken to the council & they have advised me to send them an email & copy Newlyn 

 

I can't find Newlyn's email address on the letter 

 

I have attached my draft letter to the council. Should I make any changes?

 

Thanks

 

Have converted docx to pdf for you and removed the docx.BN

 

TE7+letter to Council.pdf

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I would be very surprised indeed if Croydon Council would agree to cancel this penalty. Instead, if you had not received any of the statutory notices, they would advise you to complete EITHER an Out of Time Witness Statement, or alternatively, an Out of Time Statutory Declaration. Without knowing what the contravention relates to, you cannot file any application. 

 

In submitting either application, you would be required to provided a REASON as to why you would not have received the Penalty Charge Notice. Has there been a change of address etc? 

 

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On 23/01/2022 at 11:53, 00765 said:

No I’ve not moved but mail delivery was very bad between late 2020 to mid 2021. I was told that it was all related to COVID-19 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 1 month later...

Hi here, what is happening with this case, any update?

 

I'm currently helping a friend of mine who is exactly in the same boat and is going out of her mind with worry.

 

Croydon Council really are the pits, since they're bankrupt, they're looking for any way to get money in their coffers, even though so many of their signage is unlawful and they are losing challenges by the bucketful, but that doesn't stop them using the likes of Newlyn's or Bristow & Sutter to intimidate vulnerable people!

 

Any update would be great, if you have any, that is! :) 

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  • 2 weeks later...

Hi Bootworm & apologies for delay. Council have refused to rescind the PCN or stop the bailiffs, so I've been advised to submit a TEC. I've never submitted a TEC, so will ask here if anyone knows how to submit a TEC.

 

Wishing you the best in your battle with Croydon Council.

 

I'll update here as my war with the council progresses

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already post the link.

 

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

no you wanted the link ...i posted it at post 6 above back in jan

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

In my post number 11, I did mention that I would be very surprised if Croydon Council cancelled these PCN's and instead, they would advise you to submit Out of Time applications. I also mentioned that without knowing what type of offence the PCN's had been issued for, I could not advise you whether you would need to file an Out of Time Witness Statements (forms TE7 and TE9), or alternatively, Out of Time Statutory Declarations; (forms PE2 and PE3). 

 

Now for the difficulty......

In the vast majority of Out of Time applications, the REASON for filing the applications is because the motorist only became aware of a PCN when receiving a letter from bailiffs or even a personal visit. Worse still, when the motorist finds that his vehicle has been immobilised.

 

Enquiries will usually find that the REASON why the motorist had not received any previous notices....was because all correspondence had been sent to the address where his vehicle has been REGISTERED to on the contravention date. This would usually be a PREVIOUS address. The mistake that the motorist had made would be that when moving, he had failed to update his V5C (Log Book) with DVLA. Motorists have to update BOTH their Log Book AND Driving Licence......and this should be done online via the DVLA website. Wherever possible, avoid sending either of these documents in the post!!!

 

In your case, you have said that you have not moved, and that the address is correct. Granted, there may have been postal delays during COVID, however, for EACH PCN, there would have been 3 letters plus an additional letter from bailiffs (12 letters in total). For one letter to go missing for each PCN is believable, but for all of them to go missing.....not so believable. Are you absolutely sure about the address? Have you checked your V5C (Log Book). 

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The council did not advise me to submit a TEC, they have maintained that the bailiff efforts to extract at least £513 from me, will continue. 
 

the council has written 2 letters refusing to change their decision. Both letters which were attached to an email , are addressed to my previous place of residence , which must be where they sent the NTO and other correspondence. Someone has advised me to submit a TEC

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