text: FightBack Forums > vehicle removed by newlyn plc
  Full Version: vehicle removed by newlyn plc
  Wed, 8 Sep 2010 - 04:59
  chelsea big t
  Wed, 8 Sep 2010 - 07:37
  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.
  Wed, 8 Sep 2010 - 08:44
  QUOTE (sajeel @ Wed, 8 Sep 2010 - 05:59)
  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.
  Wed, 8 Sep 2010 - 08:48
  Complete the out of time stat dec.
  Removing clamps relating to council fines is not a good idea.
  Wed, 8 Sep 2010 - 08:54
  I was stopped by newlyn plc at burges road, E6,
  stopped how exactly? Since when did bailiffs have powers to stop vehicles?
  he asked me to come and look at pcn in the van and nicked my keys,
  Wed, 8 Sep 2010 - 14:24
  " 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'.
  Wed, 8 Sep 2010 - 15:10
  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.
  Wed, 8 Sep 2010 - 22:44
  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 (dave-o @ Wed, 8 Sep 2010 - 09:48)
  Have completed out of time stat dec sent by email on 08/09/10
  QUOTE (whitewing @ Wed, 8 Sep 2010 - 09:54)
  No should i report to police ?
  Tue, 19 Oct 2010 - 06:56
  I have uploaded n244 sent to see what errors i made
  Tue, 19 Oct 2010 - 07:22
  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.
  Wed, 20 Oct 2010 - 06:21
  QUOTE (DancingDad @ Tue, 19 Oct 2010 - 08:22)
  Thanks for your help that has cleared up matters
  Thu, 21 Oct 2010 - 00:09
  Thanks have sent n244 will keep you posted
  Sun, 16 Jan 2011 - 00:44
  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 .
  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 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.
  Me personally..I,m in the procces of throwing the "book" at them..picked on them..picked on the wrong lady
  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
  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)
  sorry forgot to mention when e-mailing the court manager place ATTN of Court Manager.
  Most interesting angelwings.
  Create a FAQ/sticky please.
  I promise a T-Shirt (Hall of Fame ) run in your honour..
  Sun, 16 Jan 2011 - 01:52
  QUOTE (sajeel @ Tue, 19 Oct 2010 - 06:56)
  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.
  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??
  Sun, 16 Jan 2011 - 14:16
  QUOTE (Neil B @ Sun, 16 Jan 2011 - 14:08)
  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.
  Sun, 16 Jan 2011 - 14:40
  I'm still confused but still possibly not getting it.
  If this OOT application was true -
  Then how was an appeal made to PATAS without a NoR??
  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?
  Sun, 16 Jan 2011 - 14:45
  QUOTE (Neil B @ Sun, 16 Jan 2011 - 14:40)
  - and if it was made independently by application directly to PATAS - then how did it lose if there was no NoR??
  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.
  Tue, 19 Apr 2011 - 07:43
  case is still live am going to court today @ 10.00 will update results
  Tue, 19 Apr 2011 - 08:13
  QUOTE (sajeel @ Tue, 19 Apr 2011 - 08:43)
  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!
  Tue, 19 Apr 2011 - 10:37
  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.
  Sun, 4 Dec 2011 - 02:43
  Wouldnt have paid a penny but then again its always 1st time unlucky with bailiffs.
  Tue, 13 Dec 2011 - 18:43
  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.