Newlyn Bailiff

Herbie21

bloomingflower wrote: »

Thank you esmerobbo and peter_the_piper for the above posts..


Just to clarify,this 'debt' originally stems from an unpaid parking ticket issued by our local authority.

Apparently the local authority have already taken it to court in June of this year and Newlyn are saying they have a warrant of execution to enforce this debt. The original amount owing to the LA was for £100 and my hubs paid £50,which left only £50 to pay back,stupidly my husband forgot to pay the other £50 and the debt grew to just over £300.

After reading esmerobbo's above post, I have learnt alot and didn't realise that Newlyn can not legally enforce this debt from the following extract..

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!!


If the council did take my husband's case to court,then they would of had to follow the above procedure. To be honest, I can't understand why the LA would take the debt of £50 to court?? Mind you,people have been taken to court for less,I suppose.

Newlyn are saying that this procedure does not apply to my husband as it is the council (not civil enforcement) who have passed the debt onto Newlyn and they have a warrant of execution and that they have the right to act on this.


Could someone please advise as to what the correct procedure should be if someone has a parking ticket issued by the LA?

and could you confirm if its the same as in the above extract?



bfx

BF.

The article that I posted above concerns PRIVATE PARKING TICKETS..ONLY.

As you will read, private parking tickets are NOT enforceable debts and at least 5 "bailiffs" firms are pursuing such "so called debts" on behalf of private land owners. The matter of PRIVATE PARKING TICKETS was the subject of a recent report on the BBC Watchdog.

In your case, you have confirmed that the debt being pursued by Newlyn is for a local authority issued parking ticket. Confusingly, this is an all together different debt and can be enforced by Newyn.

It is worth noting that many local authorities have instructed their bailiff companies to "relax" their warrant enforcement in the run up towards Christmas and that is why I am somewhat surprised that this firm refused to accept your payment arrangements.

For the debt to now be £300 this means that the bailiff must have ALREADY visited your property.

If the bailiff cannot gain "peaceful" entry he will instead have to rely upon seizing your vehicle. That is why the car MUST not be outside the property. Also, be careful that the car cannot be detected by an ANPR vehicle.

Is you car subject to finance? How old is it?

robredz

If the vehicle is subject of a Hire Purchase agreement, "ownership" ie title to the vehicle vests in the finance company until the final payment, and the bailiff cannot seize it as it doesn't belong to you. If a bank loan i.e. cash was used however he can take it. Why do you think bailiffs hated Radio Rentals, and the slot tellys?

Neil_B

bloomingflower wrote: »

Hi
Is there anything we can do to stop this action?

YES !!! but amongst all the wittering your question got lost!!!

As Herbie says, her post concerned a private matter so the conclusions drawn from reference to that are wrong.

There WILL be a Warrant and the bailiffs WILL continue to pursue, legitimately in your case.

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If you take this over to PePiPoo forums I'll run you through the fairly easy process of overturning the warrant.

meanwhile, as above, keep property and vehicle secure.