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Newlyns letter.

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ozvaldinho
ozvaldinho Posts: 446 Forumite
edited 3 October 2012 at 1:07PM in Parking tickets, fines & parking
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Big mention of the word Bailiffs in this one. I'll continue to ignore, I was just wondering if anyone can see anything unlawful or reportable in this.
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Comments

  • bargepole
    bargepole Posts: 3,237 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    I would report that to the DVLA. They are implying that bailiffs can call round to enforce the "debt", which of course they can't until 1) a county court claim has been issued; 2) they won in court; and 3) you didn't pay.

    In any case it would be the court who appointed bailiffs, not a PPC.

    I have been providing assistance, including Lay Representation at Court hearings (current score: won 57, lost 14), to defendants in parking cases for over 5 years. I have an LLB (Hons) degree, and have a Graduate Diploma in Civil Litigation from CILEx. However, any advice given on these forums by me is NOT formal legal advice, and I accept no liability for its accuracy.
  • bazster
    bazster Posts: 7,436 Forumite
    1,000 Posts Combo Breaker
    OFT guidance:

    http://www.oft.gov.uk/shared_oft/consumer_leaflets/credit/oft1299.pdf

    "The debt collector should NOT:
    ...
    • make you think that they are bailiffs."


    Newlyn might actually be bailiffs in some contexts, but this is not one of them and I would suggest they are bang out of order in implying that their capacity as bailiffs is applicable here. Definitely worthy of a complaint to the OFT.
    Je suis Charlie.
  • ozvaldinho
    ozvaldinho Posts: 446 Forumite
    bargepole wrote: »
    I would report that to the DVLA

    I should add that the original PPC scam invoice was from NCP in a Station car park where I had paid by phone.
  • ozvaldinho
    ozvaldinho Posts: 446 Forumite
    crop_zpsaf6c1f47.jpg
  • ManxRed
    ManxRed Posts: 3,530 Forumite
    Agree with Bazster, you ought to be contacting the Office of Fair Trading and informing them of this breach of their guidelines.
    Je Suis Cecil.
  • Half_way
    Half_way Posts: 7,482 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Who issued the original parking notice, and was it ina supermarket/retailers car park?
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
  • trisontana
    trisontana Posts: 9,472 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Half_way wrote: »
    Who issued the original parking notice, and was it ina supermarket/retailers car park?

    The PPC was NCP.
    What part of "A whop bop-a-lu a whop bam boo" don't you understand?
  • ManxRed
    ManxRed Posts: 3,530 Forumite
    Include their name in any complaints to OfT etc...
    Je Suis Cecil.
  • trisontana
    trisontana Posts: 9,472 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    edited 3 October 2012 at 7:15PM
    "Herbie" from Bailliff Advice Online has just posted this over on PePiPoo:-

    Thank your for your message.

    This letter from Newlyn is of GREAT concern and I intend sending a copy myself to the Head of Data Sharing at DVLA. I will also copy my letter to the British Parking Association.

    This letter is CLEARLY intended as a WARNING that if the "parking charge" is left unpaid that a visit may be made by a BAILIFF.

    For the avoidance of doubt for anyone reading this awful letter, NCP would need to take the driver to court and be able to PROVE to the Judge that a debt exists. IF (which is highly unlikely) Judgment was granted, then the parking company would need to pay a court fee of £100 to request a warrant to be issued. Such a "warrant" may ONLY be enforced by a County Court Bailiff !!!!


    Newlyn Debt Collection Ltd would NOT IN WAY AT ALL have any involvement as "bailiffs" in enforcing this debt.

    I am so angry to see this document and thank you for sending me a message.

    BAILIFF ADVICE ONLINE
    What part of "A whop bop-a-lu a whop bam boo" don't you understand?
  • Half_way
    Half_way Posts: 7,482 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    That is quite a strong reply, as Newlyn are acting for NCP, could we possibly see another PPC forced to sit on the naughty step with the likes of VP and Combined parking?
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
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