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Ncp letter says they will send bailiffs on Friday

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Comments

  • TrickyWicky
    TrickyWicky Posts: 4,025 Forumite
    edited 5 August 2013 at 7:42PM
    There was a change in the law last year yes however it (AFAIK) still hasn't actually made any difference in legal circles.

    NCP are going through some bad times at the moment and have lost some major contracts over the last few years. The last thing they want to do is crucify their own reputation and put themselves out of business when their (potential) clients see the bad press they create for them.

    I personally wouldn't worry about it but it would have helped if you actually told us more about the wording of the letter that several people have asked you for. Your ignorance is what has got you into this panic in the first place.

    NCP are a nasty bunch but pretty powerless. A year or two back they seized someones car unlawfully and got taken to court by the owner and lost. They like to pretend they have power but ultimately they have nothing unless they can convince a court you owe them a debt.
  • carmel11
    carmel11 Posts: 375 Forumite
    edited 5 August 2013 at 8:34PM
    I didn't read the letter.
    It was sent to someone I am estranged from.
    They didn't read any other than the first-and the latest
  • TrickyWicky
    TrickyWicky Posts: 4,025 Forumite
    So how do you know they're threatening to send the bailiffs then?

    You need to start getting better with your descriptions.
  • hm902
    hm902 Posts: 44 Forumite
    There was a programme on BBC one a little while ago stating these companies have no legal power to fine you - only the council and police can.
    these parking charge notices are not backed up by law but rather, they are invoices, a “demand for payment because the car parking company says you've breached their terms and conditions.”

    Hope this helps:
    http://www.bbc.co.uk/programmes/p01b85c4/features/private-parking
  • carmel11
    carmel11 Posts: 375 Forumite
    edited 5 August 2013 at 8:33PM
    So how do you know they're threatening to send the bailiffs then?

    You need to start getting better with your descriptions.[/

    Jeez. He told me. But i have already said thies.
    I don't live with them, in fact they were abusive, but I still have some contact. Unfortunately I have no choice.
  • pinochio
    pinochio Posts: 30 Forumite
    Part of the Furniture Combo Breaker
    Bailiffs! my guess is it is a definite frightener.
    Unfortunately you have told the vehicle owner to chuck away the paperwork which you could have used to get this fine dropped especially if the paperwork showed it as a PCN which can only be used on highway or council property ie a council car park. All private land issues are 'Parking Tickets'. Read up both sites I've mentioned.
    Appeal is the word which is most likely on the ticket.

    if it was a Supermarket car park contact the Supermarket tell them what's happened and why.

    Its said that private parking tickets cannot be enforced so the bailiffs threat may be a frightener. I am trying to get wording like this stopped through my MP.
    The following site makes interesting reading about parking tickets and PCN's and my guess what the owner got wasn't a PCN it was a private parking ticket which now you can't prove if he did what you said and binned it.


    www.appealnow.com makes interesting reading about the difference in a private parking ticket and a PCN. if the fine sheet was shown to be a PCN and it was private parking ticket then you could have had a case for an illegal submission but of course in your wisdom you told the vehicle owner to bin it, how silly you now have no argument and may HAVE to pay.
    My philosophy is to keep any paperwork good or bad until its sorted.

    About bailiffs/sheriffs (The are not ogres and will be sympathetic)

    1. A bailiffs visit as Norman Castle says are un-announced however the paperwork you got binned may have warned about bailiffs If the fine is not paid.
    2 They cannot force entry to private property and cannot force their way past you or shove the 'foot in the door' tactic and if they do and are injured I very much doubt they could sue for assault or injury.
    If you suspect or are told they will be coming have someone with a video camera, most point and shoot cameras have video or a phone to their action is recorded.
    you don't have to answer the door however they can seize any property outside ie: car, bike, motorcycle if it belongs to the person named on the 'live writ'.
    3. The can however enter through a door left unlocked/open
    or if you invite them.
    4. They will not leave without payment either cash or credit/debit card and it must show in their office the funds have cleared. Any delay said to be over 1 hour is added to the costs which I believe is £80 per hr.
    www.gov.uk/your-rights-bailiffs if it doesn't work just type in search engine What can bailiffs do search for the .go.uk site. Don't worry about it, it is probably not enforceable like a PCN on public road or authority car park those you don't ignore.
  • carmel11
    carmel11 Posts: 375 Forumite
    Thank you, I've been through a lot so I don't need any more intimidation.
    It's definitely a private car park.The house they are going to will have no one there. I don't live there anymore. The car owner will be at work.

    I was in an abusive relationship but still have to have some contact.
    I don't care about money but don't need the stress
  • pinochio
    pinochio Posts: 30 Forumite
    Part of the Furniture Combo Breaker
    edited 5 August 2013 at 8:54PM
    Sorry its on twice comp went funny though it hadn't gone on so hit post reply again and this is the result in duo.

    Bailiffs! my guess is it is a definite frightener.
    Unfortunately you have told the vehicle owner to chuck away the paperwork which you could have used to get this fine dropped especially if the paperwork showed it as a PCN which can only be used on highway or council property ie a council car park. All private land issues are 'Parking Tickets'. Read up both sites I've mentioned.
    Appeal is the word which is most likely on the ticket.

    if it was a Supermarket car park contact the Supermarket tell them what's happened and why.

    Its said that private parking tickets cannot be enforced so the bailiffs threat may be a frightener. I am trying to get wording like this stopped through my MP.
    The following site makes interesting reading about parking tickets and PCN's and my guess what the owner got wasn't a PCN it was a private parking ticket which now you can't prove if he did what you said and binned it.


    www.appealnow.com makes interesting reading about the difference in a private parking ticket and a PCN. if the fine sheet was shown to be a PCN and it was private parking ticket then you could have had a case for an illegal submission but of course in your wisdom you told the vehicle owner to bin it, how silly you now have no argument and may HAVE to pay.
    My philosophy is to keep any paperwork good or bad until its sorted.

    About bailiffs/sheriffs (The are not ogres and will be sympathetic)

    1. A bailiffs visit as Norman Castle says are un-announced however the paperwork you got binned may have warned about bailiffs If the fine is not paid.
    2 They cannot force entry to private property and cannot force their way past you or shove the 'foot in the door' tactic and if they do and are injured I very much doubt they could sue for assault or injury.
    If you suspect or are told they will be coming have someone with a video camera, most point and shoot cameras have video or a phone to their action is recorded.
    you don't have to answer the door however they can seize any property outside ie: car, bike, motorcycle if it belongs to the person named on the 'live writ'.
    3. The can however enter through a door left unlocked/open
    or if you invite them.
    4. They will not leave without payment either cash or credit/debit card and it must show in their office the funds have cleared. Any delay said to be over 1 hour is added to the costs which I believe is £80 per hr.
    www.gov.uk/your-rights-bailiffs if it doesn't work just type in search engine What can bailiffs do search for the .go.uk site. Don't worry about it, it is probably not enforceable like a PCN on public road or authority car park those you don't ignore.
  • carmel11
    carmel11 Posts: 375 Forumite
    I told him to chuck it away because at that time he would have used this to abuse me- only women or men who've been through abusive relationships will understand the overriding control here.
  • TrickyWicky
    TrickyWicky Posts: 4,025 Forumite
    carmel11 wrote: »
    Jeez. He told me. But i have already said thies.
    I don't live with them, in fact they were abusive, but I still have some contact. Unfortunately I have no choice.

    But a moment ago you said they never read any of the letters other than the first.. See what I mean about descriptions?

    It really would have helped if you were able to tell us more of what the letter said. That said, the fact that the letters are going to another address won't harm you if a bailiff is sent as they'll go to the same place :D

    In reality though, this being NCP, it won't happen.
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