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sajeel
I had a pcn issued on 22/04/09 for parking one or more wheels on the kerb appealed ticket to adjudicator and lost appeal. I never received a rejection letter or any further correspondence. The vehicle was clamped twice but a friendly Samaritan seemed to remove on both occasions leaving the wheel clamp on the road after cutting the padlock. Then on the 31/08/10 I received a letter from newly, stating they want £1051.78 for non payment of road traffic contravention their fees are £896.78 with no breakdown whatsoever. On 02/09/10 I was stopped by newlyn plc at burges road, E6, he asked me to come and look at pcn in the van and nicked my keys, he then said a pcn is outstanding and if I don’t pay £1051.78 now he will take the vehicle as he has court order, when I asked him for documentation he refused to give any, he returned my house keys and kept my car key as I refused to be bullied into paying excessive charges for some old pcn I was unaware of. I collected what I could from vehicle and left the vehicle there. As I was leaving he only gave me his mobile number verbally so I typed into my mobile, no business card or documents to say he had levied vehicle.
I have found out the following in the mean time, internet research and lots of phone calls, he is a private bailiff appointed by local council in this case LBWF his name is William Clow and his license is valid until 08/08/12 although he refused to give me his certificate number saying he is court bailiff and does not need to give license number, I asked for court order number and he told me he does not know I should contact council LBWF.
I spoke to LBWF who said nothing about his miss conduct or how to complain, instead they said I have two option to pay fine in full, or complete an out of time statutory notice as no correspondence was received.
I have contacted Northampton county court (TEC) and completed TE9 and TE7 and emailed back to them on 08/09/10.
Please help me to get my vehicle back legally and screw the bailiffs for misconduct.

Thanks in advance and sorry for long post had to include necessary detail.
chelsea big t
My friend, You urgently did to post all copys of documents from and to you by all concerned on the this site, before any of the excellent experts here will mayb be able to help you.
It done sound like its going to be an easy road.

goodluck
BigT
Nani166
QUOTE (sajeel @ Wed, 8 Sep 2010 - 05:59) *
I had a pcn issued on 22/04/09 for parking one or more wheels on the kerb appealed ticket to adjudicator and lost appeal. I never received a rejection letter or any further correspondence. The vehicle was clamped twice but a friendly Samaritan seemed to remove on both occasions leaving the wheel clamp on the road after cutting the padlock. Then on the 31/08/10 I received a letter from newly, stating they want £1051.78 for non payment of road traffic contravention their fees are £896.78 with no breakdown whatsoever. On 02/09/10 I was stopped by newlyn plc at burges road, E6, he asked me to come and look at pcn in the van and nicked my keys, he then said a pcn is outstanding and if I don’t pay £1051.78 now he will take the vehicle as he has court order, when I asked him for documentation he refused to give any, he returned my house keys and kept my car key as I refused to be bullied into paying excessive charges for some old pcn I was unaware of. I collected what I could from vehicle and left the vehicle there. As I was leaving he only gave me his mobile number verbally so I typed into my mobile, no business card or documents to say he had levied vehicle.
I have found out the following in the mean time, internet research and lots of phone calls, he is a private bailiff appointed by local council in this case LBWF his name is William Clow and his license is valid until 08/08/12 although he refused to give me his certificate number saying he is court bailiff and does not need to give license number, I asked for court order number and he told me he does not know I should contact council LBWF.
I spoke to LBWF who said nothing about his miss conduct or how to complain, instead they said I have two option to pay fine in full, or complete an out of time statutory notice as no correspondence was received.
I have contacted Northampton county court (TEC) and completed TE9 and TE7 and emailed back to them on 08/09/10.
Please help me to get my vehicle back legally and screw the bailiffs for misconduct.

Thanks in advance and sorry for long post had to include necessary detail.


You should have joined the forum when you initially got the ticket..... I think as it's a pcn from the council you could be liable but wait for the experts on here to confirm.
dave-o
Complete the out of time stat dec.

Removing clamps relating to council fines is not a good idea.
whitewing
QUOTE
I was stopped by newlyn plc at burges road, E6,

stopped how exactly? Since when did bailiffs have powers to stop vehicles?
QUOTE
he asked me to come and look at pcn in the van and nicked my keys,

did you report the theft to the Police?
bama
" he refused to give me his certificate number saying he is court bailiff "

they have lost their licences for doing that. You know what kind of bailiff this is then.
absent usable evidence that he said though there is probably nothing much you can do about that.,
It really has got to stage where we all need to carry voice (or even video) recorders.

Seems to me that its likely that the charges will need to be closely questioned.
bailiffadviceonline is my usual recommendation. I am not part of that site nor do I get any benefit if you use it. Its just that Sheila is sans pareil in knowing the regs etc and knows all the councils and the major bailiff companies and their 'working habits'.
Herbie
QUOTE (sajeel @ Wed, 8 Sep 2010 - 05:59) *
I had a pcn issued on 22/04/09 for parking one or more wheels on the kerb appealed ticket to adjudicator and lost appeal. I never received a rejection letter or any further correspondence. The vehicle was clamped twice but a friendly Samaritan seemed to remove on both occasions leaving the wheel clamp on the road after cutting the padlock. Then on the 31/08/10 I received a letter from newly, stating they want £1051.78 for non payment of road traffic contravention their fees are £896.78 with no breakdown whatsoever. On 02/09/10 I was stopped by newlyn plc at burges road, E6, he asked me to come and look at pcn in the van and nicked my keys, he then said a pcn is outstanding and if I don’t pay £1051.78 now he will take the vehicle as he has court order, when I asked him for documentation he refused to give any, he returned my house keys and kept my car key as I refused to be bullied into paying excessive charges for some old pcn I was unaware of. I collected what I could from vehicle and left the vehicle there. As I was leaving he only gave me his mobile number verbally so I typed into my mobile, no business card or documents to say he had levied vehicle.
I have found out the following in the mean time, internet research and lots of phone calls, he is a private bailiff appointed by local council in this case LBWF his name is William Clow and his license is valid until 08/08/12 although he refused to give me his certificate number saying he is court bailiff and does not need to give license number, I asked for court order number and he told me he does not know I should contact council LBWF.
I spoke to LBWF who said nothing about his miss conduct or how to complain, instead they said I have two option to pay fine in full, or complete an out of time statutory notice as no correspondence was received.
I have contacted Northampton county court (TEC) and completed TE9 and TE7 and emailed back to them on 08/09/10.
Please help me to get my vehicle back legally and screw the bailiffs for misconduct.

Thanks in advance and sorry for long post had to include necessary detail.


Did he provide you with a Notice of Seizure of Goods & Inventory or a copy of the Warrant of Execution? These are both legally required documents and without them this seizure would appear to be "irregular".

How old is the vehicle and what is it worth?

You need to urgently obtain clarification from TEC of the date and address on the Warrant.
sajeel
No Notice of Seizure of Goods & Inventory or a copy of the Warrant of Execution provided.

Vehicle is 2002 and book value is around £1100.

I will contact TEC to obtain date and address on the Warrant.



QUOTE (Herbie @ Wed, 8 Sep 2010 - 16:10) *
QUOTE (sajeel @ Wed, 8 Sep 2010 - 05:59) *
I had a pcn issued on 22/04/09 for parking one or more wheels on the kerb appealed ticket to adjudicator and lost appeal. I never received a rejection letter or any further correspondence. The vehicle was clamped twice but a friendly Samaritan seemed to remove on both occasions leaving the wheel clamp on the road after cutting the padlock. Then on the 31/08/10 I received a letter from newly, stating they want £1051.78 for non payment of road traffic contravention their fees are £896.78 with no breakdown whatsoever. On 02/09/10 I was stopped by newlyn plc at burges road, E6, he asked me to come and look at pcn in the van and nicked my keys, he then said a pcn is outstanding and if I don’t pay £1051.78 now he will take the vehicle as he has court order, when I asked him for documentation he refused to give any, he returned my house keys and kept my car key as I refused to be bullied into paying excessive charges for some old pcn I was unaware of. I collected what I could from vehicle and left the vehicle there. As I was leaving he only gave me his mobile number verbally so I typed into my mobile, no business card or documents to say he had levied vehicle.
I have found out the following in the mean time, internet research and lots of phone calls, he is a private bailiff appointed by local council in this case LBWF his name is William Clow and his license is valid until 08/08/12 although he refused to give me his certificate number saying he is court bailiff and does not need to give license number, I asked for court order number and he told me he does not know I should contact council LBWF.
I spoke to LBWF who said nothing about his miss conduct or how to complain, instead they said I have two option to pay fine in full, or complete an out of time statutory notice as no correspondence was received.
I have contacted Northampton county court (TEC) and completed TE9 and TE7 and emailed back to them on 08/09/10.
Please help me to get my vehicle back legally and screw the bailiffs for misconduct.

Thanks in advance and sorry for long post had to include necessary detail.


Did he provide you with a Notice of Seizure of Goods & Inventory or a copy of the Warrant of Execution? These are both legally required documents and without them this seizure would appear to be "irregular".

How old is the vehicle and what is it worth?

You need to urgently obtain clarification from TEC of the date and address on the Warrant.



QUOTE (dave-o @ Wed, 8 Sep 2010 - 09:48) *
Complete the out of time stat dec.

Removing clamps relating to council fines is not a good idea.


Have completed out of time stat dec sent by email on 08/09/10

QUOTE (whitewing @ Wed, 8 Sep 2010 - 09:54) *
QUOTE
I was stopped by newlyn plc at burges road, E6,

stopped how exactly? Since when did bailiffs have powers to stop vehicles?

I dont think they do

QUOTE
he asked me to come and look at pcn in the van and nicked my keys,

did you report the theft to the Police?

No should i report to police ?




Thank you all for your replies
sajeel
I Filed a TE9 and TE7 on the 08/09/10 and on the 27/10/10 i received a refusal i then completed an N244 and made payment for £75 to TEC and filed N244 and then got an email from them saying "Unfortunately it is not possible for me to accept the N244 application which was sent to us as the reasons are invalid. You must give the reasons you were not able to file your witness statement within the 35 days, not the reasons you have for contesting the penalty charge. Pleae amend your N244 accordingly and return it to us. Thank you".

I phoned the courts and they said it was in reference to statment to 08/10/10 but i am confused.

I originally filed out of time on the ground that i made representations about the penalty charge to the enforcing authority concerned within 28 days of service of notice to owner but did not recieve a rejection notice.

Please help.

Thanks


Sajeel

I have uploaded n244 sent to see what errors i made
DancingDad
I reckon all they are saying is that your reasons don't say why your out of time was out of time.

I thnk all you need to say is that you had no knowledge of a warrant, Charge Certificate or Order for Recovery relating the PCN ?????? until ??date when stopped by bailiff's. You therefore could not apply to the court within the 35 day period.

Assuming this is the truth..write it down and send it back.... Others will jump on me if I'm wrong or if anything else you need to do.

BTW Don't get the court or any appeal confused between validity of PCN and conduct of bailiff...they are seperate issues.
sajeel
QUOTE (DancingDad @ Tue, 19 Oct 2010 - 08:22) *
I reckon all they are saying is that your reasons don't say why your out of time was out of time.

I thnk all you need to say is that you had no knowledge of a warrant, Charge Certificate or Order for Recovery relating the PCN ?????? until ??date when stopped by bailiff's. You therefore could not apply to the court within the 35 day period.

Assuming this is the truth..write it down and send it back.... Others will jump on me if I'm wrong or if anything else you need to do.

BTW Don't get the court or any appeal confused between validity of PCN and conduct of bailiff...they are seperate issues.


Thanks for your help that has cleared up matters
sajeel
Thanks have sent n244 will keep you posted
angelwings
:DHi all,

I just joined this forum so I could share some valuble information with you all.

Newlyns are regulated by ACEA and you should send them an e-mail requesting that they investigate your complaint and attach your complaint with the e-mail (by pass all the "write to us crap" the e-mail is as follows dir-gen@acea.org.uk the more complaints that come to light the more the possibility of an investigation on a grand scale and putting them out of business via licence revoke as they are direct abuse of ACEA guidelines rolleyes.gif .

ALSO did you know that a bailiff can has his certificate revoked also by the courts if it is shown he has abused his powers rolleyes.gif well all you have to do is contact the manager of the court..and LOOK i have direct e-mail contact again..without filling out of forms blah blah blah hehe in my case it was watfords county court and the address is watford.countycourt.gsi.gov.uk if you need a different one ask me and I'll find it for you. or just place into google search engine e-mail contact (then name of court) that's it...no more online fill in form crap and waiting. E-mail is exceptable as it is after all electronic mail!.

Also, did you know that guidelines for traffic enforcement state regarding siezures. that if the owner of the vehicle is present when they are attempting to sieze/tow your car away as long as the car wheels are onthe ground still they CANNOT take the car all they can do is clamp and serve you (or try) a walking possession order AND if you have not recived a siezure notice you are within your rights to sell your goods (better then letting them have their dirty grubby hands on it..ALso they cannot take goods in excess off the value of the debt.

Well I have so much more info so if you wish feel free to leave me a message and I'll help you as much as I can. wink.gif

Me personally..I,m in the procces of throwing the "book" at them..picked on them..picked on the wrong lady mad.gif

Oh and by the way LOG regulate all the councils who have to take responsibility for the actions of the baliffs they employ..so get in touch with them and request an investigation, watch how they start to sing a different song when they get THAT e-mail...

GOOD LUCK to ALL for now smile.gif

ALSO use your e-mail as your greatest weapon DOCUMENT INSTANTLY it's your electronic witness statement and they have to reply..state in it a run of the events next best thing to filming it, it's traceable as evidence and if they don't respond it's as well as saying NO DEFENCE haha works sooooo wel..bye 4 now.
QUOTE (sajeel @ Wed, 8 Sep 2010 - 04:59) *
I had a pcn issued on 22/04/09 for parking one or more wheels on the kerb appealed ticket to adjudicator and lost appeal. I never received a rejection letter or any further correspondence. The vehicle was clamped twice but a friendly Samaritan seemed to remove on both occasions leaving the wheel clamp on the road after cutting the padlock. Then on the 31/08/10 I received a letter from newly, stating they want £1051.78 for non payment of road traffic contravention their fees are £896.78 with no breakdown whatsoever. On 02/09/10 I was stopped by newlyn plc at burges road, E6, he asked me to come and look at pcn in the van and nicked my keys, he then said a pcn is outstanding and if I don’t pay £1051.78 now he will take the vehicle as he has court order, when I asked him for documentation he refused to give any, he returned my house keys and kept my car key as I refused to be bullied into paying excessive charges for some old pcn I was unaware of. I collected what I could from vehicle and left the vehicle there. As I was leaving he only gave me his mobile number verbally so I typed into my mobile, no business card or documents to say he had levied vehicle.
I have found out the following in the mean time, internet research and lots of phone calls, he is a private bailiff appointed by local council in this case LBWF his name is William Clow and his license is valid until 08/08/12 although he refused to give me his certificate number saying he is court bailiff and does not need to give license number, I asked for court order number and he told me he does not know I should contact council LBWF.
I spoke to LBWF who said nothing about his miss conduct or how to complain, instead they said I have two option to pay fine in full, or complete an out of time statutory notice as no correspondence was received.
I have contacted Northampton county court (TEC) and completed TE9 and TE7 and emailed back to them on 08/09/10.
Please help me to get my vehicle back legally and screw the bailiffs for misconduct.

Thanks in advance and sorry for long post had to include necessary detail.



sorry forgot to mention when e-mailing the court manager place ATTN of Court Manager.
bama
Most interesting angelwings.

Create a FAQ/sticky please.

I promise a T-Shirt (Hall of Fame ) run in your honour..
Enceladus
QUOTE (sajeel @ Tue, 19 Oct 2010 - 06:56) *
I originally filed out of time on the ground that i made representations about the penalty charge to the enforcing authority concerned within 28 days of service of notice to owner but did not recieve a rejection notice.


I don't know if this case is still live or how the N244 went?

However, just in case, I notice that the "Statement of Truth" from C.Elci, London Borough of Waltham Forest says:
"An Enforcement Notice Charge/Notice to Owner was posted to the Respondent on the 28/05/2009. A correspondence was received and a response was sent on the 21/09/2009, according to our records. No response was received.

A Charge Certificate was posted to the Respondent on the 11/01/2010, according to our record. No response was received.
"

Your original NTO was issued & posted 28/05/2009 and deemed served 01/06/2009. And in post #9 above you say that you submitted reps in time.

The Statement of Truth admits reps were received at the Council but does not say when. However if they were within time, i.e. on or before the 28/06/2009 then the Council Notice of Rejection posted on 21/09/2009 must be well outside the 56 day limit.

So the PCN should have been cancelled at that point.

I also note that posting the Charge Certificate on the 11/01/2020 seems to be a very long delay. The computer system should have generated it by the end of October 2009.
Neil B
I'm confused as to what TE7 and TE9 were made for. Early sentence in first post says lost at Adjudication?? Have I missed something??
Enceladus
QUOTE (Neil B @ Sun, 16 Jan 2011 - 14:08) *
I'm confused as to what TE7 and TE9 were made for. Early sentence in first post says lost at Adjudication?? Have I missed something??


The attachments in post #9 give a (slightly less murky) account of events. TE7 & TE9 were submitted and rejected. An N244 was submitted (incorrectly filled in), corrected and re-submitted.

Nothing heard since, The OP might be waiting for the N244 hearing.
Neil B
I'm still confused but still possibly not getting it.

If this OOT application was true -

QUOTE (sajeel @ Tue, 19 Oct 2010 - 06:56) *
I originally filed out of time on the ground that i made representations about the penalty charge to the enforcing authority concerned within 28 days of service of notice to owner but did not recieve a rejection notice.


Then how was an appeal made to PATAS without a NoR??
QUOTE (sajeel @ Wed, 8 Sep 2010 - 04:59) *
I had a pcn issued on 22/04/09 for parking one or more wheels on the kerb appealed ticket to adjudicator and lost appeal.



------------

Something not being fully explained here maybe?
Enceladus
QUOTE (Neil B @ Sun, 16 Jan 2011 - 14:40) *
I'm still confused but still possibly not getting it.

If this OOT application was true -

QUOTE (sajeel @ Tue, 19 Oct 2010 - 06:56) *
I originally filed out of time on the ground that i made representations about the penalty charge to the enforcing authority concerned within 28 days of service of notice to owner but did not recieve a rejection notice.


Then how was an appeal made to PATAS without a NoR??
QUOTE (sajeel @ Wed, 8 Sep 2010 - 04:59) *
I had a pcn issued on 22/04/09 for parking one or more wheels on the kerb appealed ticket to adjudicator and lost appeal.


- and if it was made independently by application directly to PATAS - then how did it lose if there was no NoR??

------------

Something not being fully explained here maybe?


I don't think the OP ever got as far as the PATAS appeal. I believe he meant he appealed the PCN with the Council.
However that is just my reading. There is a lot more the OP needs to clarify if the case is still live.
sajeel
case is still live am going to court today @ 10.00 will update results

Neil B
QUOTE (sajeel @ Tue, 19 Apr 2011 - 08:43) *
case is still live am going to court today @ 10.00 will update results


Whatever Court it is you are going to now and what for, I would bear in mind communication is not your strong point!!! I suggest you keep your cool when asked questions, they will probably be necessary to squeeze the facts out of you!
sajeel
I have been to court case judge requested we have out of court agreement, newlyn did not want to budge below £2000 to release vehicle and cancel all outstanding debt, i told them i could only afford to pay £500 - £600 lbwf and newly then went away and spoke in private, they came back to me and said they would accept £1500, and asked me if i could go higher, i agreed to pay £800 for final settlement and that if they did not agree then there is nothing i can do as time was running out and usher was calling us back in, the newlyn person said i will take £900 as final offer and i agreed. We then went into court room and agreed to pay £900 by 3/5/11 for release of vehicle and cancel all oustanding debt. The total initially by newlyn was £3800.

Let me know what you lot think.

Saj
BAILIFFCHASER
Wouldnt have paid a penny but then again its always 1st time unlucky with bailiffs.
sajeel
Hi

Bailiffchaser, thanks for tip, although with what i know now i would not, however the judge did not understand bailiff law and was favouring them, london borough of waltham forest are very crooked, i have another case pending with them, if yo could pm i will explain, maybe you can help.

Thanks

Sajeel biggrin.gif
BAILIFFCHASER
Did you do a out of time or a n224 as if so then neither would bring you the result you got.
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