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    • This is the other sign  parking sign 1a.pdf
    • 4 means that they need to name and then tell the people who will be affected that there has been an application made, what the application relates to (specificially "whether it relates to the exercise of the court’s jurisdiction in relation to P’s property and affairs, or P’s personal welfare, or to both) and what this application contains (i.e what order they want made as a result of it) 5 just means that teh court think it is important that the relevant people are notified 7 means that the court need more information to make the application, hence they have then made the order of paragraph 1 which requires the applicant to do more - this means the court can't make a decision with the current information, and need more, hence paragraph one of the order is for the applicant to do more. paragraph 3 of the order gives you the ability to have it set aside, although if it was made in january you are very late. Were you notiifed of the application or not?    
    • These are the photos of the signs. At the entrance there is a 7h free sign. On some bays there is a permit sign.  Also their official website is misleading as it implies all parking is free.  I can't be certain of the exact parking bay I was in that day, and there was no PCN ticket on my car and no other evidence was provided.  parking sign 2.pdf
    • Hi, In my last post I mentioned I had received an email from SS who were asking me to hand over the keys to my mother’s flat so they could pass them to the Law firm who have been appointed court of protection to access, secure and insure my mother’s property.  Feeling this, all quickly getting out of my hands I emailed ss requesting proof of this. I HAVEN’T HEARD BACK FROM SS.  Yesterday, I received an email (with attached court of protection order) from the Law Firm confirming this was correct (please see below a copy of this).  After reading the court of protection order I do have some concerns about it:   (a)   I only found out yesterday, the Law firm had been appointed by the court back in January.  Up until now, I have not received any notification regarding this.  (b)   Section 2   - States I am estranged from my mother.  This is NOT CORRECT    The only reason I stepped back from my mother was to protect myself from the guy (groomer) who had befriended her & was very aggressive towards me & because of my mother’s dementia she had become aggressive also.  I constantly tried to warned SS about this guy's manipulative behaviour towards my mother and his increasing aggressiveness towards me (as mentioned in previous posts).  Each time I was ignored.  Instead, SS encouraged his involvement with my mother – including him in her care plans and mental health assessments.   I was literally pushed out because I feared him and my mother’s increasing aggression towards me. Up until I stepped back, I had always looked after my mother and since her admission to the care home, I visit regularly.   .(c)    Sections -  4, 5 and 7  I am struggling to understand these as I don’t have a legal background.  I was wondering if there is anyone who might be able to explain what they mean.  It’s been a horrendous situation where I had to walk away from my mother at her most vulnerable because of; ss (not helping), scammer and groomer. I have no legal background, nor experience in highly manipulative people or an understanding of how the SS system operates, finding myself isolated, scared and powerless to the point I haven’t collected my personal belongings and items for my mother’s room in the care home.  Sadly, the court has only had heard one version of this story SS’s, and based their decision on that. My mother’s situation and the experience I have gone through could happen to anyone who has a vulnerable parent.    If anyone any thoughts on this much appreciated.  Thank you. ______________________________________________________  (Below is the Court of Protection Order)  COURT OF PROTECTION                                                                                                                                                                                   No xxx  MENTAL CAPACITY ACT 2005 In the matter of Name xxx ORDER Made by  Depty District Judge At xxx Made on xxx Issued on 18 January 2024  WHEREAS  1.     xxx Solicitors, Address xxx  ("Applicant”) has applied for an order under the Mental Capacity Act 2005.  2.     The Court notes (my mother) is said to be estranged from all her three children and only one, (me) has been notified.  3.     (Me) was previously appointed as Atorney for Property and Affairs for (my mother).  The Exhibity NAJ at (date) refers to (me) and all replacement Attorneys are now officially standing down.  4.     Pursuant to Rule 9.10 of the Court of Protection Rules 2017 and Practice Direction 9B the Applicant 2must seek to identify at least three persons who are likely to have an interest in being notified that an application has been issues.”  The children of (my mother), and any other appointed attorneys are likely to have an interest in the application, because of the nature of relationship to (my mother).  5.     The Court considers that the notification requirements are an important safeguard for the person in respect of whom an order is sought.  6.     The Court notes that it is said that the local authority no longer has access to (my mother’s) Property.  7.     Further information is required for the Court to determine the application.  IT IS ORDERED THAT  Within 28 days of the issue date this order, the Applicant shall file a form COP24 witness statement confirming that the other children of (my mother) and any replacement attorneys have been notified of the application and shall confirm their name, address, and date upon which those persons were notified.  If the Applicant wishes the Court to dispense with any further notification, they should file a COP9 and COP24 explaining, what steps (if any) have been taken to attempt notification and why notification should be dispensed with.   Pending the determination of the application to appoint a deputy for (my mother), the Applicant is authorised to take such steps as are proportionate and necessary to access, secure and insure the house and property of (my mother).   This order was made without a hearing and without notice.  Any person affected by this order may apply within 21 days of the date on which the order was served to have the order set aside or varied pursuant to Rule 13.4 of the Court of Protection Rules 2017 (“the Rules”).  Such application must be made on Form COP9 and in accordance with Part 10 Rules.              
    • Unless I've got an incorrect copy of the relevant regulation: The PCN is only deemed to have arrived two days after dispatch "unless the contrary is proved" in which case date of delivery does matter (not just date of posting) and I would like clarification of the required standard of proof. It seems perhaps this hasn't been tested. Since post is now barcoded for the Post Office's own tracking purposes perhaps there is some way I can get that evidence from the Post Office...
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Civil Enforcement Ltd (again!)


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Have had problems with CEL since April over a PCN at Gatwick. Have now received a letter from Newlyn. Here is my reply to them.......

 

Re: Your letter dated 5/12/07.

 

This alleged debt is in dispute. I have written to your client CEL on a number of occasions (see copies enclosed) and they have failed to substantiate their claim.

 

In the circumstances please refer this matter back to your client.

Further research by myself and others show that yourself and CEL are gaining quite an unenviable reputation on the internet in various forums (details of which I will gladly provide should you require them), the national press and television due to your dubious business methods. This, on your part, may be due to you being mislead by CEL.

I have spoken to two members of your staff who admit that CEL only inform you that they are owed money by myself or others. You have no details of the circumstances and no copies of correspondence from me to them.

One member of your staff even informed me that your company are licensed bailiffs, which is plainly untrue as you are a debt collection agency. You have to employ bailiffs to carry out any CCJ’s you may be awarded. In this instance I think you will find that CEL are responsible for obtaining any CCJ and then they would employ bailiffs to carry out their business so I fail to see how you become involved in this matter.

 

Any further correspondence from you in relation to this matter may result in a complaint to the authorities under the Protection From Harassment Act 1997, Sect.40 of The Administration of Justice Act 1970 and Sect.21 of The Theft Act 1968.

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Hi, had the same issue with Civil Enforcement Ltd at Gatwick. Though I had eaten in Mcdonalds, they said I had over stayed by 11 mins the free stay allowance. I contacted the restaurant but had no joy. Unfortunately I wrote to CEL before seeing this web site. Have I left myself open to them taking the matter further?

The basis of the letter was that I found it outrageous that they were trying to charge me for eating in the venue.

Any help would be welcomed.\

Thanks Neil.

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Firstly hello to everyone that is in the same boat as I am! I overstayed in January at Aldi Car Park by 22 minutes and then after two months out of the blue my husband (registered keeper) received a letter he had to pay £30 within 14 days £60 thereafter. I wrote to them an appeal against this decision saying it was me who parked there (I wish I had found this website earlier) but received no reply. Then my husband got Final Reminder saying to pay £60. I called the number they provided and gave my credit card details and forgot all about the matter.

Last week my husband received a letter from Newlyn asking to pay £149. This made me really angry as I thought I had already paid but funny enough payment had not gone throughJ I started looking for any info on CEL and found this website. Ever thankful for this forum! My husband sent two letters, one to CEL leeches saying he’s not going to pay as a registered keeper and they need to find a driver and asking not contact him again, and the other letter to Newlyn the ticket is in dispute. The only thing I’m concerned about is that even though they did not reply to my letter, where I admit I was the driver, they may still have it and will start chasing me now. Any advice anyone on what to do if they send an invoice to me this time?

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Bradis,

 

Anybody who knocks on your door, unless appointed by a Court and without invitation is doing so unlawfully (with respect to menace or harrassment). They have no rights of entry, and you should simply turn them away, and then contact those who instructed them for an explanation.

 

Make a note of their name, company they work for, who instructed them, ID, date, time and everything that was said.

 

That is, IF they ever attend.

 

Keep an eye on your account in case they take out any payment.

 

You have not given your permission for your private or personal information to be communicated by any party, so you should also ask for a copy of the 'letter of instruction' provided to any acting party.

 

The only problem here is with them - how are they going to get money they aren't entitled to out of you?

 

Tide

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Hi, I have been following these threads with interest because, as you can guess, I was also caught out at McDs in Gatwick.

 

 

I've sent my standard letter back and have now received the pretty red invoice as well as a letter saying my representation failed and the charge could not be cancelled - I suspect you may know the wording.

 

I had intended to reply and just to repeat the same as in my previous letter, possibly saying more specifically that I was disputing the charge.

 

However, reading all this makes me wonder: on the day I parked unwittingly to get a cup of tea, we were handed a flyer which mentioned the time limit. It mentioned no charges for overstaying, just that this was to enable other customers. Clearly we did not look for signs proving all the terms and conditions of parking in McDonalds car park. I've not seen anyone else mention this - not that it matters in the grand scheme of things I guess.

 

Now I see that new signs are in place, extending the period. As my "PCN" claims that I "overstayed" and gives the times (less than one hour), but does not say how long the limit was - how does that work now that the times have changed?

 

I have no intention of going into this with them and will stick to my standard letter, if anything at all - it's a busy time of year - but I find it curious. Does anyone else get the impression that they are moving the goalposts and trying different tactics - perhaps just to muddy the waters?

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This is not my area, but if it helps and hasn't come up before, take a look at Section 40 of the Administration of Justice Act 1970.

The Administration of Justice Act 1970.

Section 40 of the act provides that a person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under contract, he or she:

(a) harasses the other with demands for payment which by their frequency, or the manner or occasion of their making, or any accompanying threat or publicity are calculated to subject him or his family or household to alarm, distress or humiliation;

(b) falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;

© falsely represent themselves to be authorised in some official capacity to claim or enforce payment;

(d) utters a document falsely represented by him to have some official character or purporting to have some official character which he knows it has not.

Paragraph (a) above does not apply to anything done by a person which is reasonable (and otherwise legal) for the purpose of :

(1) of securing the discharge of an obligation due, or believed by him to be due, to himself or to persons for whom he acts, or protecting himself or them from future loss; or

(2) of the enforcement of any liability by legal process.

It is also provided that a person may be guilty of an offence under paragraph (a) above if he concerts with others in the taking of such action as is described in that paragraph, notwithstanding that his own course of conduct does not by itself amount to harassment.

Sorry if this has been raised before. If you are being continuously bombarded with these threats, DO NOT ignore them, keep hold of all correspondence, and make a note of all contact you have with the other side, including dates, times, what was said and any other details you think may be relevant. This will help with the above and they will back off.

However, as I can see from the latest posts on this thread, simplicity is best - they have no business with the registered owner, and it is doubtful that any contract exists with the driver, so keep it simple, state your case clearly 'that they should contact the driver, not the registered keeper'. Well done to the guys who came up with that one!

Hope this helps.

Tide

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There are several threads with standard letters on them, save re-inventing the wheel.

 

Points to make are: -

 

i) Any claim they have made is wholly disputed

ii) They should contact the driver not yourself as the registered keeper

iii) You consider their actions thus far contravene the Administration of Justice Act and the Protection from Harrassment Act

iv) If they contact you again, you will make a complaint to the OFT and / or the relevant authorities

v) You have grave concerns as to their ability to obtain, store and process your information

vi) Given the above, you do not expect to hear further from them

 

Interestingly, Newlyn are not registered with Companies House.

 

Stand tall

 

Tide

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I'm beginning to think that the more people that report them to their local TS and copy to the TS wherever the address of these parasites originate from, they might because of the bulk of complaints do something about them.

 

Also wouldnt hurt to bombard the Crawley one as well as most of these stem from their patch.

 

For others with same problem in their area also copy to locall TS where parking was done.

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I would assume that Newlyn will only become involved again in the future if CEL win the claim in court, and Newlyn are the bailiffs appointed to the case to recover the debt.

 

Would you (or anyone else) suggest writing to CEL (and ONLY CEL, not Newlyn), and if so, what content should i include or exclude!... from the letter?

 

The 4 words I would put in a letter would be:

 

See you in court.

 

If you, or anyone here for that matter receives genuine* court papers, then post here again - more advice and help with your defence (probably from the two lawyers on here) will be given to beat them.

 

* I emphasise stamped as there has been instances of PPCs sending out papers proporting to be officially from a court, when in fact it has just been to continue the harrassment. If you are in any doubt, ring the court and ask, and if it can't be confirmed present your case to the police.

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They are registered as Newlyn PLC with Companies House but to an address in Rickmansworth and not the registered address in Northampton which appears on their letters. Tut tut Newlyn!

 

So how are the two companies related (old boys club, not yellow pages)?

 

Name & Registered Office:

CIVIL ENFORCEMENT LTD

DBH HOUSE, CARLTON SQUARE

CARLTON

NOTTINGHAM

NG4 3BP

Company No. 05645677

 

There must be a link.

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Same guys, national business. Wouldn't surprise me if it was franchised. In the North (Yorkshire) there are several businesses with different addresses, but similar tickets and procedures. All different addresses though, and different phone no's, but too many similarities not to be the same firm.

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