Should I pay..Civil Enforcement Ltd?

Herbie21

michael59 wrote: »

Just received my third letter fron Newlyn [notice prior to county court proceeding] stating that registering this with the county court will allow baliffs to remove itemsfrom my property.
Still minded as before to keep ignoring these letters, advice please.

As many people on here know, I have a commercial business providing bailiff advice to the public and normally therefore post responses to queries on the debt section of MSE.

I am posting here concerning a very worrying matter that was brought to my attention this morning when I was contacted by a vehicle keeper who had also received a notice from Civil Enforcement Ltd on her car earlier this year when shopping at Curry's (in a retail park). Like many posters on here she received letters from Civil Enforcement Ltd and eventually; from Newlyn Plc.

However, astonishingly, this morning she received a personal visit at her home from a BAILIFF from NEWLYN Plc who left a hand delivered notice through her door which states on it the following:

FINAL NOTICE

BAILIFF REMOVAL

Total Outstanding £238.13

Due to: Civil Enforcement Ltd

I have today attended your property with the intention of levying and removing your goods.

I will be attending again in the next few days, at the time of my visit I may remove without further notice, goods including motor vehicles even in your absence.

TO AVOID THIS ACTION YOU MUST CONTACT MY ENFORCEMENT TEAM IMMEDIATELY ON 01604 633001 (Bailiff in Charge).

The amount being demanded is the same as on the previous letters from Newlyn. There has not been a summons issued and neither has a Judgment been granted.

If anyone receives such a notice could they please bear in mind the following:

To legally enforce any supposed "debt", Civil Enforcement Ltd would need to issue a summons to the owner of the vehicle. If the summons was ignored then by default, a County Court Judgment would be registered against the vehicle owner. At this stage....and ONLY at this stage... Civil Enforcement Ltd can apply to the County Court for a Warrant of Execution to be issued. Civil Enforcement Ltd would have to pay a £100 court fee to request such a warrant.

Once a warrant was issued, it must by law only be enforced by a County Court Bailiff. There is no provision within law, for it to be enforced by a private sector bailiff company such as Newlyn Plc!!

Due to the seriousness of this letter and the way in which it can mislead the public I have written today to the Ministry of Justice, The British Parking Association, DVLA and the Office of Fair Trading.

If anybody receives such a letter as this, they may wish to also write a formal letter of complaint to the Office of Fair Trading and in doing so, they may wish to refer to the Office of Fair Trading Debt Collection Guidance which can be accessed by using the link below:


To confirm, there has never been a summons issued and neither has a judgment been awarded!!!

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

esmerobbo

Herbie21 wrote: »

FINAL NOTICE

BAILIFF REMOVAL

Total Outstanding £238.13

Due to: Civil Enforcement Ltd

I have today attended your property with the intention of levying and removing your goods.

I will be attending again in the next few days, at the time of my visit I may remove without further notice, goods including motor vehicles even in your absence.

TO AVOID THIS ACTION YOU MUST CONTACT MY ENFORCEMENT TEAM IMMEDIATELY ON 01604 633001 (Bailiff in Charge).

Has this happened without a Judgement?

Herbie21

esmerobbo wrote: »

Has this happened without a Judgement?

No summons and no Judgment.

I have amended the post to make this clear.

esmerobbo

Cheers Herbie, Dodgy ground there then me thinks!

xdezirx

I too have had one for parking in Nisa's supermarket carpark. I took mine to the store yesterday and they said loads of people had come in that day with the same parking fine and the Manager was sorting it out. I was given a number to ring, which I haven't yet, but i will post the outcome. Thing is people some of these maybe legit.
I was under the impression that the parking was still free at Nisas but it changed. They had this system where you take your registration number to the checkout and they give you 90 minutes free parking for spending £5 or more. Now I read the board outside and it has the address of this Civil Enforcement place in question, the Liverpool one complete with the 'nottingham' telephone number as well as the charge and that they use cptn or something cameras.
So i'm just warning people if they are unsure when they get these fines from that Civil Enforcement place please go back, read the board, if there is one, from where you parked and go in the store or wherever it was and query it. DO NOT UNDER ANY CIRCUMSTANCES pay the fine unless you are absolutely sure that it is LEGIT.

xdezirx

Hi all

Please help!! don't know whether to pay this fine or not. I think this company is legit. I rang up this number I was given it was for creative parking and they actually provide the service for them cnpn thingy cameras and that. I don't see how the hell those people are gonna help me!!!! Shall I get in touch with this Civil Enforcment or not? I rang up Nisas and they said that I should, but I don't want to full into any traps. But it clearly states this company and their policies on the board outside their carpark and inside. I can't afford this poxy fine!!!!

xdezirx

Have any of you read any boards outside (if any) of these supermarkets? if so do any have the Civil Enforcement details on it?

esmerobbo

Do you mean an actual address?

Driver8

xdezirx wrote: »

Hi all

Please help!! don't know whether to pay this fine or not. I think this company is legit. I rang up this number I was given it was for creative parking and they actually provide the service for them cnpn thingy cameras and that. I don't see how the hell those people are gonna help me!!!! Shall I get in touch with this Civil Enforcment or not? I rang up Nisas and they said that I should, but I don't want to full into any traps. But it clearly states this company and their policies on the board outside their carpark and inside. I can't afford this poxy fine!!!!

PRIVATE PARKING TICKETS - DON'T PAY!
IT IS NOT A FINE! YOU HAVE DONE NOTHING ILLEGAL!

This is an information page for the thousands of people who receive "tickets" from private companies in the UK ever day at supermarkets, retail parks, and in any other privately-owned carpark.

We are NOT encouraging anybody to openly flout parking restrictions on private land, or to refuse to pay reasonable charges for parking. Landowners have a right to make reasonable charges for the use of their land.

For advice specific to your case, you should visit the forums at http://forums.pepipoo.com or http://www.consumeractiongroup.co.uk/forum/parking-traffic-offences.

http://forums.moneysavingexpert.com/forumdisplay.php?f=163

1. What you should know about these companies

It is important to remember that private parking companies (or PPCs as they are often called) have NO OFFICIAL POWERS - that's right, none at all! They give out their "tickets" on the basis that you have seen the signs in their car park and that you have therefore agreed to a contract obliging you to pay a certain sum of money.


2. What happens to people who don't pay?

In 99.9% of cases, absolutely NOTHING! The company pays the DVLA £2.50 to get your address, and then sends lots of threatening letters. In the main, these letters can be safely IGNORED. The only way the company can actually force you to pay is by taking you to the small claims court, which costs them even more money. And they are by no means guaranteed to win! And they practically never do.

The two main reasons for this (among others) are the following:

- Only the person DRIVING the car could ever have agreed to any such parking contract. The company can only get the Registered Keeper's address from the DVLA: you don't have to tell them who was driving.

-Many of these charges are so extortionately high that they constitute a penalty, which is unenforceable in a consumer contract.


3. Can they affect my credit rating?

NO! The only way your credit rating could be affected by ignoring private parking companies is if you were taken to court, lost, and then still refused to pay. But they will not take you to court.


IN SHORT

The vast majority of the time, you can safely IGNORE tickets from private parking companies, they are not official fines.

The vast majority of the time, you can safely IGNORE the threatening letters, including those from debt collection agencies.

You DO NOT have to pay a penny of your hard-earned money to these companies. Remember that the chances of being taken to court are very slim indeed.

DO NOT IGNORE COURT PAPERS!
If you receive real court papers from a private parking company (very rare) then you should go to http://forums.pepipoo.com or http://www.consumeractiongroup.co.uk/forum/parking-traffic-offences for help defending the claim. Do not be afraid to sign up and ask questions regarding any paperwork you are not sure about.



Don’t believe the above? Watch a solicitor on Watchdog advising you what to do with the scam invoices.

http://www.youtube.com/watch?v=XAIcdi9niHA

THEY ARE NOT FINES

Only the Police, Courts or Council’s can fine you. NOT a private company, please remember that.

Coupon-mad

xdezirx wrote: »

So i'm just warning people if they are unsure when they get these fines from that Civil Enforcement place please go back, read the board, if there is one, from where you parked and go in the store or wherever it was and query it. DO NOT UNDER ANY CIRCUMSTANCES pay the fine unless you are absolutely sure that it is LEGIT.

DO NOT UNDER ANY CIRCUMSTANCES pay!

The above in bold is the only part of your advice to people that is correct, 'legit' doesn't come into it.

This is NOT, I repeat, NOT a 'legit fine'. DO NOT ring that number again, stop wasting your time checking signage etc. - this is a private company after your money!

Read all the advice and links already provided above by Driver8, watch the Watchdog youtube link, read the advice on the other links, see the pictures of the threats that will be posted out to you and DO NOT FOLD, do not believe their lies about Court and CCJS. This ticket is a scam.

Only EVER take seriously a real parking fine from the Police or the Council, it is that simple.

This piece of worthless paper imitates a real ticket but IT IS NOT A FINE, don't fall into their trap.