Newlyn PCN Charges

Stop or Suspend Enforcement. Appeal the PCN. Claim Damages for Unlawful Interference with Vehicles.
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hdruxpin
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#1 Newlyn PCN Charges

Post by hdruxpin » 27 Jan 2017 11:50

Good morning all please can someone help me with the best line of attach for the below

Today I received a letter from Newlyn stating NOTICE OF ENFORCEMENT AGENT VISIT TO YOUR PROPERTY £482

This is for stoping in a bus lane a couple of years ago which I do not dispute, however I moved and forgot about it and now Newlyn have tracked me down. The unhelpful lady I spoke to said the additional £240 was added for the officer attending my property and he didn't need to knock just post the letter. I offered £100 a month which after some negotiations was agreed, and I made my first payment (oooops)

I noticed afterwards that the letter had actually been delivered by post and called to complain. Oh we sent you a letter in November, he attended last week 20th. I know this isn't true as I religiously check my post, and I work from home so would have heard the door (which is also never locked although will be now)

I have asked for a manager to call me back but unsurprisingly they haven't yet. I have no issue with paying the initial £240 for the PCN, or even an additional £75 for them posting a letter, but I will not pay £240 when he has not attended.

please someone point me in the right direction of what complaint letters etc I need to send

Thanks in Advance

Neil

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Schedule 12
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#2 Re: Newlyn PCN Charges

Post by Schedule 12 » 27 Jan 2017 12:02

You dont need to make any complaint letters.

You have moved and the bailiff company traced you. They broke the rules, they lose out. Paragraph 12 of the Taking Control of Goods National Standards 2014 states;

  • Creditors must not issue a warrant knowing that the debtor is not at the address, as a means of tracing the debtor at no cost.



You must gather evidence of you changing address.

You get the PCN number from the council or the bailiff company. It will start with two characters followed by eight numbers.

Telephone the Traffic Enforcement Centre (the TEC) on 0300 123 1059 quoting the PCN number.

They will send you the forms to make an appeal. While on the phone, ask the TEC for:
  • a) the address on the warrant of control, and

    b) the DATE the warrant was issued.
You appeal on the grounds you have moved and you did not get a Notice to Owner (NTO).

If the appeal is non-successful - because the NTO is dated before you moved. You bring an action against the council under Paragraph 66 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007 (TCEA) for breach of Paragraph 7(1) and potentially Paragraph 7(3) of Schedule 12. You can recover all the fees by citing regulation 3 of the Taking Control of Goods (Fees) Regulations 2014. This action can only be done in the small claims track.

This article gives a summary of the procedure for bringing a claim in the small claims court.
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hdruxpin
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#3 Re: Newlyn PCN Charges

Post by hdruxpin » 27 Jan 2017 12:11

Hey Jason thank you for the response. The issue is I didn't receive the PCN when I lived there, and spoke to the Council regarding it, but then actually forgot to pay it.

hdruxpin
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#4 Re: Newlyn PCN Charges

Post by hdruxpin » 27 Jan 2017 12:12

hdruxpin wrote:Hey Jason thank you for the response. The issue is I didn't receive the PCN when I lived there, and spoke to the Council regarding it, but then actually forgot to pay it.
I mean forgot to pay it when I moved.... Actually forgot about the debt completely

I don't mind paying the PCN, just not the ridiculous charges. Although now I've paid £100 to Newlyn am I stuck in contract?

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#5 Re: Newlyn PCN Charges

Post by Schedule 12 » 27 Jan 2017 12:26

There is never any contract with you and a bailiff company.

Why would anyone in a sane mind willingly give money to a bailiff company that is not lawfully owed - unless a threat of taking control of goods a was made.

If you want to reclaim money paid to a bailiff company that you did not lawfully owe, then you recover it in the small claims track.
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hdruxpin
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#6 Re: Newlyn PCN Charges

Post by hdruxpin » 27 Jan 2017 12:31

well unfortunately I split up with my girlfriend last night so probably wasn't in sane mind...

The letter did state A CERTIFICATED Enforcement agent has attend your premises with the intention of taking control of goods and removing those goods in accordance with the tribunals courts and enforcement act 2007

Scare tactic that unfortunately worked on this occasion. I do owe the PCN as I said I just forgot about it, so wanted to resolve the matter :(

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#7 Re: Newlyn PCN Charges

Post by Schedule 12 » 27 Jan 2017 12:36

Run the Traffic Debts enforcement compliance check. See what is trumps up.
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hdruxpin
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#8 Re: Newlyn PCN Charges

Post by hdruxpin » 27 Jan 2017 12:59

have just received a call from manager, stating bailiff 100% attended last week. I have to pay a further £10 to get a copy of the GPS report.

FFS!

hdruxpin
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#9 Re: Newlyn PCN Charges

Post by hdruxpin » 27 Jan 2017 13:14

Im about to send the below to Newlyn. is there anything I should change?

hdruxpin
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#10 Re: Newlyn PCN Charges

Post by hdruxpin » 27 Jan 2017 13:15

Today I received a letter from Newlyn stating NOTICE OF ENFORCEMENT AGENT VISIT TO YOUR PROPERTY £482

This is for stoping in a bus lane a couple of years ago which I do not dispute, however I moved and forgot about it and now Newlyn have tracked me down. The unhelpful lady I spoke to said the additional £240 was added for the officer attending my property and he didn't need to knock just post the letter. I offered £100 a month which after some negotiations was agreed, and I made my first payment

I noticed afterwards that the letter had actually been delivered by post and called to complain. Oh we sent you a letter in November, he attended last week 20th. I know this isn't true as I religiously check my post, and I work from home so would have heard the door

No letter was left by the enforcement agent that supposedly attended last week. And in fact no true Notice of enforcement left.

Im more than happy to pay the PCN charge, and £75 for sending the first letter (the one I received today) but not for attendance which did not happen. Now I have been told I have to pay £10 to get access to the GPS log to show he attended. I will recoup the cost of this from yourself once you have been unable to provide proof of attendance

Harrow council copied in for reference HR8671619A

I hope this matter is resolved urgently

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#11 Re: Newlyn PCN Charges

Post by Schedule 12 » 27 Jan 2017 15:18

hdruxpin wrote:have just received a call from manager, stating bailiff 100% attended last week. I have to pay a further £10 to get a copy of the GPS report.

FFS!

You don't need any GPS report.

Paragraph 7(3) of Schedule 12 of the TCEA states:

  • (3)The enforcement agent must keep a record of the time when the notice is given.


If the bailiff failed to record the time the notice is given, their defence fails.


Wasting your time writing to Newlyn. They will mess you about with their penny-pinching (£10 for a GPS report). Just start the show. The bailiffs dance to your tune.
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