bailiffs came to address and clamped my car

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jaizak15
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#1 bailiffs came to address and clamped my car

Post by jaizak15 » 13 Dec 2015 07:40

Hi baliffs came to ky house and clamped my car, they were jbw.
I phoned them up before hand and told them im on benefits, they told me to send expenditure form which i did, which showed proof off benefits and bank statements.
on the wednesday baliffs were at my door two of them.
My kids were crying and they didnt care.
they still clamped my car.
i showed them proof that i had contacted there office they did not care, they still harrassed me two of them. My kids were scared, i was outside as i was on way to school.
i paid £20 pound on the phone prior to this, but they still called out and bumped up the fees.
what can i do.
i ened up paying 387 pounds, which i had to borrow.

Mark1960
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#2 Re: bailiffs came to address and clamped my car

Post by Mark1960 » 13 Dec 2015 08:46

What was the debt for?

Do you still have the paperwork, including the inventory?

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jasonDWB
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#3 Re: bailiffs came to address and clamped my car

Post by jasonDWB » 13 Dec 2015 19:19

This is in all probably a PCN, but a small chance its council tax. JBW are big on PCN enforcement because it's more lucrative than time-consuming council tax cases.

You can make a complaint about the £235 because you are in receipt of a benefit, (low income) and the bailiff exploited the circumstances to charge a £235 fee out of you and trouser a £90 commission.

As distressed children are involved, you can add this to your complaint and use the combined leverage of your grounds to ask for a gesture of goodwill to be made over to you by the council for JBW's behaviour.

Your local councillor is your best friend. Find out who he is and see if you can persuade him to pursue your complaint with the council.

Did they clamp your car out on the road, or on your driveway? If it was clamped elsewhere, then you have a bit of redress.

If you know nothing about the debt, the chances are you have not been given a Notice of Enforcement. This is a statutory notice setting out the debt which must be given before enforcement starts.
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jaizak15
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#4 Re: bailiffs came to address and clamped my car

Post by jaizak15 » 17 Dec 2015 05:55

Hi the debt was for a bus lane ticket. yes i still have the paperwork. tHEY CLAMPED IT ON MY DRIVE BEFORE THEY KNOCKED MY DOOR.
Thankyou for replys.

jaizak15
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#5 Re: bailiffs came to address and clamped my car

Post by jaizak15 » 17 Dec 2015 06:05

How do i claim back and what forms can i use, i tried to get money from my bank they refused.

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#6 Re: bailiffs came to address and clamped my car

Post by jasonDWB » 17 Dec 2015 07:45

You need to do it in writing with your bank. Otherwise they will mess you about.

Run the Traffic Debts enforcement compliance check.
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AR1
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#7 Re: bailiffs came to address and clamped my car

Post by AR1 » 11 Jan 2016 07:40

This kind of behavior is seriously out of the line. If you already showed them the proof, then they shouldn't have reacted this way. Anyway, now what seems feasible is to do in writing with your bank to claim back.

Caz
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#8 Re: bailiffs came to address and clamped my car

Post by Caz » 26 Mar 2016 21:25

I have just had Newlyn on the doorstep this week for an old parking fine, the guy wouldn't show me any ID or any info relating to the fine, i refused to pay anything until he could show me what the money was for, long story short he took my keys (gave me back the house key) clamped the car, waited half an hour (thinking I would call the mobile number given on the paperwork in panic) then posted the key back through the letter box. I have informed the police and have witnesses (my neighbors) but don't know what to do next/first... the clamp is gone. I'm thinking I should try and find out where the original ticket was from, he did mention Harrow and August last year.

I have just updated the DVLA of new address as I moved house, so I have never seen any correspondence for whatever this fine was for.

Sorry but I can't see where to post a new topic... HELP

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#9 Re: bailiffs came to address and clamped my car

Post by jasonDWB » 26 Mar 2016 21:29

Newlyn took a big risk in clamping your car when the bailiff knew he can only do that at your old address - the warrant address.

I expect Newlyn, following a recent payout by them, has returned to the council to seek further advice. Otherwise continuing with enforcement at your new address when the warrant is your old address, would have landed them another big bill.

Appeal the PCN as soon as possible, and on the form, say you have recently moved and tick the box 'You did not receive a Notice to Owner (NTO)'.
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#10 Re: bailiffs came to address and clamped my car

Post by Caz » 28 Mar 2016 16:23

Thanks so much.

I will call Harrow to see if they have this PCN against me.

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#11 Re: bailiffs came to address and clamped my car

Post by Caz » 29 Mar 2016 12:14

I have had to email Harrow as they don't have a number to call! reviews on the website say they are terrible at responding.

I have also emailed Newlyn to verify this person actually works for them, and inform them that the police are aware and believe this to be a possible SCAM.

Is there anything I can do to stop this without an PCN issue number?

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#12 Re: bailiffs came to address and clamped my car

Post by jasonDWB » 29 Mar 2016 18:24

Have you asked Newlyn?

If you are refused then ask they remove the clamp. if they refuse again., Cut the clamp off.

You are not guilty of an offence. section 5 of the Criminal Damage Act.

All subsequent enforcement fails because the bailiff failed to explain the origin of the debt.
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#13 Re: bailiffs came to address and clamped my car

Post by Caz » 29 Mar 2016 21:13

I have sent Newlyn an email asking them to verify that the said Bailiff actually works for them, and an account of what happened.

I eventually got the PCN number, a lovely girl at Harrow contacted the team internally and found it for me.

I have emailed the council with all the info, hopefully they will get back to me soon. Do I need to contact the TEC also?

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#14 Re: bailiffs came to address and clamped my car

Post by jasonDWB » 29 Mar 2016 21:35

Yes, contact the TEC and ask for the appeal forms.

Once done, you can start your claim for damages for clamping your car.
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#15 Re: bailiffs came to address and clamped my car

Post by Caz » 29 Mar 2016 21:59

Really... I don't think I would have the energy for it. Would they not say I should have changed my address sooner? I've been here nearly a year. Not that should make any difference to the way a Bailiff should conduct himself.

The clamp has been removed.

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#16 Re: bailiffs came to address and clamped my car

Post by Caz » 30 Mar 2016 20:52

Got onto TEC today, they even said that the Bailiff was in the wrong, especially taking my Keys... He should not have been here without any Notice. Got the forms faxed over etc Mad dash to the solicitors to get it all signed.

Thanks for the help. Maybe I will start a complaint after all. The info you get everywhere on this subject, is really conflicting, why is it not clearer!?

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#17 Re: bailiffs came to address and clamped my car

Post by Caz » 30 Mar 2016 23:12

Got this email from Newlyn today at the same time the same Bailiff was knocking at the door (I didn't open the door)
Dear Ms ...

Thank you for your communication.

We are currently looking into the circumstances of your complaint and will aim to respond to you within 10 working days from the date we received your communication.

In the meantime, we confirm the file has been placed on hold.

Regards,

Newlyn PLC.

He left another letter saying " It's a criminal offence to remove a clamp and he would be calling the police and I will be arrested"
I didn't remove it!

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#18 Re: bailiffs came to address and clamped my car

Post by jasonDWB » 31 Mar 2016 08:09

It's a template Newlyn letter.

They lost a few wheel clamp cases recently. Kevin MCCarthy wants a 'clampdown' on cutting off wheel clamps.
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#19 Re: bailiffs came to address and clamped my car

Post by Caz » 01 Apr 2016 16:52

Who is Kevin MCCarthy?

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Pote Snitkin
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#20 Re: bailiffs came to address and clamped my car

Post by Pote Snitkin » 01 Apr 2016 18:06

Well, he's either the American actor from 'Invasion of the Body Snatchers'...... or he's the MD of Newlyn's.
It is the first responsibility of every citizen to question authority. - Benjamin Franklin

On 22/2/17, Peterbard said "taking control of goods and selling them does not actually mean taking control of goods and selling them." Discuss.

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#21 Re: bailiffs came to address and clamped my car

Post by jasonDWB » 01 Apr 2016 21:08

MD Newlyn. His statementing in civil claims brought against creditors is very aggressive. Very angry. A lot of detailed assessments to defend. A1E high storage fee abuse of the paragraph 50 of Schedule 12 divvi up proceeds rule, and their trademark multiple £235 claims. Not sure how they are going to get out of that lot, plus a bent Volvo to shell out for - both replacement cost and several years deprivation of use.

I can see where he gets his phrases such as, "wholly" vexatious, and "wholly" scurrilous from. Peter Felton's MO is the over-use of the word "wholly" in his written works. Hence the nick name, Kevin "Wholly" McCarthy as he was candidly described by a client in his response statement. Kevin came to my attention when Sheila gave him my personal details, and he Googled, unaware Google tells people who is Googling you.

I suppose, Peter "wholly" Felton could be next. It sounds more like a CAG board terminology for their FMOTL threads.

Speaking of Newlyn. New client today, New Audi, big bill for the creditor. He paid the debt, Newlyn lost the payment and A1E refused to release the original car. All on camera. Client kept all the receipts. Nice way to blow £8 grand plus legal costs on stupidity and stuck with a car they can't sell, DVLA stopped the V5. Perhaps Village Car Sales of Hockliffe can shift it.
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#22 Re: bailiffs came to address and clamped my car

Post by Caz » 06 Apr 2016 12:15

OMG! I have just got another 4 parking tickets from Asda car park (I work in the store for a Merchandising company) they have said I have no right to appeal as the 28 days have passed and my notifications had gone to my old address... They said it's My fault as I didn't change my address sooner. I want to dig a hole and not come out again!!!

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#23 Re: bailiffs came to address and clamped my car

Post by Caz » 06 Apr 2016 12:49

Total 8 in two weeks... How many more are coming! Gurrrrrrrrrrrrrrrrrr

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jasonDWB
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#24 Re: bailiffs came to address and clamped my car

Post by jasonDWB » 06 Apr 2016 13:41

If its private land car parking, then its not as regulation 9 PCN.

To be honest, I don't know how they are enforced.

If its a reg 9 PCN, then you do a Statutory declaration.
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Amy
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#25 Re: bailiffs came to address and clamped my car

Post by Amy » 06 Apr 2016 14:37

Caz wrote:OMG! I have just got another 4 parking tickets from Asda car park (I work in the store for a Merchandising company) they have said I have no right to appeal as the 28 days have passed and my notifications had gone to my old address... They said it's My fault as I didn't change my address sooner. I want to dig a hole and not come out again!!!
Who are the notices from?

Caz
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#26 Re: bailiffs came to address and clamped my car

Post by Caz » 12 Apr 2016 11:14

I just got another email with so many lies on this from the said Bailiff...
Dear Miss xxxx
RE: London Borough of Harrow – Road Traffic Debt
I am writing in response to your email dated 28 March 2016, the contents of which have been
noted.
We would advise you that Newlyn PLC is working under the instructions of our client, London
Borough of Harrow who issued a Warrant of Control at the Traffic Enforcement Centre on 05
February 2016 for non-payment of a Penalty Charge Notice. As Certificated Enforcement
Agents we have been instructed to enforce the Warrant of Control and can make charge for
the enforcement related services of the Warrant as per The Tribunals, Courts and Enforcement
Act 2007, schedule 12 The Taking Control of Goods (Fees) Regulations 2014.
I can confirm that a DVLA check was performed on 22 February 2016 which confirmed that
vehicle registration xxxxxx was registered in your name at the address of xx Corrie Road,
Woking xxxxxx Subsequently this is where all Notices were sent. It is a legal requirement of
all vehicle owners to ensure that the DVLA records are kept up to date with their current
address and keeper details. If it is the case that you did not notify the DVLA of your change of
address until after the Warrant was issued for Enforcement and the DVLA check performed,
then you would have received notification of the Enforcement at your previous address.
As we are now aware of your address change, I can confirm that the Warrant of Control issued
has been returned to our client to arrange for a reseal at the correct address. I would advise
that all charges incurred have been removed, however I would urge you to contact our client
regarding payment, as once the Warrant is reissued to Newlyn PLC to enforce, further charges
will incur.
Mr Binding reports that following his attendance he parked his vehicle in front of the warrant
vehicle. At this point you came out of the premises and got into said vehicle to try and
manoeuvre it out. He reports you were sounding your horn, whilst revving the vehicle, he
further states you were very irate.
Mr Binding reports that as he was at the rear of the vehicle, it hit his leg therefore he was
concerned that you would either cause him harm or damage to both vehicles. As you got out
of the vehicle, Mr Binding reports he took the decision to remove the keys from the vehicle for
safety reasons and to prevent possible criminal damage.
It is stated that after you had calmed down Mr Binding returned the keys to you and took the

Caz
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#27 Re: bailiffs came to address and clamped my car

Post by Caz » 12 Apr 2016 11:15

vehicle into control by affixing an immobillsation device. As no payment was forthcoming Mr
Binding reports he left the area, however upon his return the immobillsation device had been
forcibly removed. I would advise that Under paragraph 68 of schedule 12 to the TCE Act 2007
it is an offence for a person to interfere with controlled goods without lawful excuse. Mr Binding
has stated that he will be reporting this matter to the police.
Mr Binding reports that his identification was shown to you in full, upon request.
In summary I can advise that all actions have been conducted correctly and in line with
legislation. The relevant procedures were adhered to correctly by Newlyn PLC and our client.
Newlyn PLC therefore had every right to assume that you were fully aware of the Penalty
Charge Notice and the ensuing enforcement action due to your failure to discharge the debt.
I trust this clarifies matters
Yours sincerely

Caz
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#28 Re: bailiffs came to address and clamped my car

Post by Caz » 12 Apr 2016 11:18

Unbelievable! All rubbish...
Mr Binding reports that as he was at the rear of the vehicle, it hit his leg therefore he was
concerned that you would either cause him harm or damage to both vehicles.

And I have witnesses

Caz
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#29 Re: bailiffs came to address and clamped my car

Post by Caz » 12 Apr 2016 11:27

They still don't explain how he was at my new address.

Mr Binding reports that his identification was shown to you in full, upon request.... rubbish, he only showed it when my neighbours asked/Insisted

This just goes on and on

Caz
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#30 Re: bailiffs came to address and clamped my car

Post by Caz » 20 Apr 2016 09:58

Amy wrote:
Caz wrote:OMG! I have just got another 4 parking tickets from Asda car park (I work in the store for a Merchandising company) they have said I have no right to appeal as the 28 days have passed and my notifications had gone to my old address... They said it's My fault as I didn't change my address sooner. I want to dig a hole and not come out again!!!
Who are the notices from?
Got the Asda ones sorted in store. Few!

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