Notice of Enforcement Received for PCN never sent to me

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vaibigarg
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Joined: 27 May 2017 14:11

#1 Notice of Enforcement Received for PCN never sent to me

Post by vaibigarg » 27 May 2017 15:12

Hi,
I have received a Notice of Enforcement from Newlyn Plc about Non Payment of a Penalty Charge Notice dated over 2 1/2 years ago.
It was a rented car and I had just moved houses, but set up mail redirection promptly.

I did not receive any notice from the council about the PCN or any followup notices about non-payment.
The Notice of Enforcement says I have upto 6th June to pay a sum total of £278 to them or the bailiffs will be sent around.
The PCN is from the London Borough of Harrow, who operate an automated service for Parking Management and hence there isn't anyone available to talk this through either.

Am I liable for payment even though this is the first time I have heard about this?

Please help!

Thanks,
Vaibhav

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Schedule 12
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#2 Re: Notice of Enforcement Received for PCN never sent to me

Post by Schedule 12 » 28 May 2017 14:43

The bailiff company has traced you to your new address and is trying to take an enforcement step.

This behaviour is illegal because the bailiff company knows that CPR 75.7 states:
  • (7) Where the address of the respondent has changed since the issue of the warrant, the authority may request the reissue of the warrant by filing a request –


Newlyn has done for this before by tracing debtors and taking enforcement steps knowing the address of the debtor has changed, so it knows the enforcement action is fraudulent. It cannot offer a defence of not knowing about CPR 75.7 because their solicitor played that defence on court record.

Phone the Traffic Enforcement Centre (TEC) on 0300 123 1059 and press 6 to skip the robots. Ask for the DATE of the warrant and the respondent's ADDRESS. I expect the address to be an old address proving Newlyn took the law into its own hands and attempted enforcement knowing it might evade being caught out breaching CPR 75.7(7).

When you complete and return the forms to the TEC on tec@hmcts.gsi.gov.uk enforcement stops straight away under the operation of Paragraph 8.1 of Practice Direction 75.

If a bailiff takes an enforcement step after emailing the completed forms to the TEC, the council is liable for everything that follows.

When completing the forms, always attach evidence of the DATE you moved and the ADDRESS. The TEC will roll back the warrant to the original PCN where you can pay the original sum or appeal the contravention based on the evidence given by the council.
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Author: dealingwithbailiffs.co.uk

vaibigarg
Posts: 5
Joined: 27 May 2017 14:11

#3 Re: Notice of Enforcement Received for PCN never sent to me

Post by vaibigarg » 30 May 2017 11:21

Thank you. I shall contact the TEC and get the relevant details ASAP.!

vaibigarg
Posts: 5
Joined: 27 May 2017 14:11

#4 Re: Notice of Enforcement Received for PCN never sent to me

Post by vaibigarg » 30 May 2017 11:43

Hi,
As expected, the warrant was issued on the 24th Jan 2017 and the previous address on the PCN was my old address.
I shall fill out the forms, get it signed and send it back to TEC.

Thank you for your assistance in this matter

Cheers,
Vaibhav

vaibigarg
Posts: 5
Joined: 27 May 2017 14:11

#5 Re: Notice of Enforcement Received for PCN never sent to me

Post by vaibigarg » 30 May 2017 21:27

Hi Jason,
I have sent the duly filled forms (witnessed & signed by a Commissioner of Oaths) back to TEC with proof of change of address.
They have said that any submissions received before 4pm will be processed and sent to the respective council within the same day, i.e. my application should get sent to Harrow Council by close of play tomorrow.

Is there anything more I need to do? I read your reply to a similar post that councils can take up to 10 weeks to process such applications and should ideally put the enforcement on hold immediately. However, I do want to avoid the scenario of bailiffs coming around to my house, especially when I may not be around in the day. Should I call Newlyn and inform them about the PE2/3 Forms that I have sent to TEC as well?

Thanks,
Vaibhav

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Schedule 12
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#6 Re: Notice of Enforcement Received for PCN never sent to me

Post by Schedule 12 » 02 Jun 2017 22:01

Do not contact Newlyn. They will mess you about.

The council will be told of the application and enforcement will be suspended pending the outcome of your appeal.

If the warrant address is wrong and Newlyn was able to contact you at your new address, then the appeal will be held. The law says you must be given a Notice to Owner and proves Newlyn took the law into their own hands by tracing you and failed to notify the council to apply for a new warrant under CPR75.7.

Newlyn is always doing this, especially with its fly-by-night clamping policy. One
Newlyn bailiff was caught clamping a car before dawn at 5.10 am on a highway by an in-car CCTV camera after the bailiff drove past it in a white van. Until that incident, I didn't even know bailiffs ANPR cameras worked in the dark.

It's a prohibited step under paragraph 12 of the Taking Control of Goods National Standards 2014 which 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.
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

vaibigarg
Posts: 5
Joined: 27 May 2017 14:11

#7 Re: Notice of Enforcement Received for PCN never sent to me

Post by vaibigarg » 03 Jun 2017 09:08

Thank you Jason! You've been terrific

Cheers,
Vaibhav

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