Urgent help please regarding Newly Plc

donnadoo515

evening all,
Firstly please do bear with me if you come across any spelling errors etc as I'm having to use my phone and have fat fingers!
Anyhow, we had a visit from Newlyn Plc today and they posted through the door a big red letter that says 'Notice of enforcement agent visit to your premises' 'delivered by hand' and it states 'I have visited your premises today 25/3/15 with the intention of TAKING CONTROL OF GOODS and REMOVING those goods in accordance with the TRIBUNALS, COURTS AND ENFORCEMENT ACT 2007. In the event you do not contact me immediately I will return to remove your goods even in your absence on 26/03/2015.

Here is what happened initially. My partner had 'our' car at the time in his name however I was the main driver. We entered a multi-storey car park and parked in a space that a car had just come out of not taking much notice at the time of the lines going across the space obviously stating we shouldn't have parked there. We did our shopping, returned and paid for our parking and got to the car to find that we had been issued a yellow ticket for parking in a restricted area. Being as stubborn as we are and annoyed that we had paid to park there... We didn't pay :-( yes we should have done so we know that now.
Here is what has happened between the 2
01.08.14 - date of contravention
02.09.14 - notice to owner issued by local council for £70
06.10.14 - charge certificate issued by local council for £105 (50% increase)
Undated- form TE3 order for recovery of unpaid penalty charge (parking) assumedly issued by council asking for £112 (£105 charge plus £7 court registration fee)
08.01.15 first contact from Newlyn 'notice of enforcement' asking for £112. Enforcement details state the following 'warrant of control dated 07.01.2015 for non payment of PCN. Contravention details; parked in a restricted area. Then shows date and reg. now asking for £187.
30.01.15 - payment reminder from NEWLYN final paragraph states "any further action will increase the costs payable in accordance with schedule 12 of the tribunal's courts and enforcement act 2007 and taking control of goods regulations 2014.The additional charges will be a minimum of £235 and £110 depending on the action taken"
04.03.2015 - removal of goods notice for £422 from newlyn.
25.3.15 (today) - A lady knocked the door today we didn't answer she then posted a red letter through the door that states notice of enforcement agent visit to your premises delivered by hand I have visited your premises today 25.3.15. With the intention of TAKING CONTROL OF GOODS and REMOVING those goods in accordance with the TRIBUNALS, COURTS AND ENFORCEMENT ACT 2007. In the event you do not contact me immediately I will return to remove your goods even in your absence on the 26/3/15.

What do you should know at this point is that the car is no longer with us due to being scrapped in we now have a new car in my name only and all possession in my property belong to me or a rental firm to which I have proof there is nothing in my partners name.do they still have a right to take anything from this property including the car? Is this red letter legitimate or is it scaremongering we are happy to pay the charge to the council but not their ridiculous fees. Sorry it's long we appreciate any help given just in case she does come back tomorrow . Lesson learnt! Pay fines early!!!!

dinky201

Bailifts cant enter a property if door locked and windows shut. So cant see how they take anything in your abcents.
No they cant take a car that is someone elses.
sounds like private bailift not a court one.

If it was me i just pay the money, but thats me.

pelirocco

dinky201 wrote: »

Bailifts cant enter a property if door locked and windows shut. So cant see how they take anything in your abcents.
No they cant take a car that is someone elses.
sounds like private bailift not a court one.

If it was me i just pay the money, but thats me.

Actually I thought they are court appointed bailiffs not private debt collectors

antonic

Before they can even start threatening with you fees of 235 and £110 they first of all have to issue you with a Notice of Enforcement (which costs you £75 in Fees payable to the Ministry of Justice) and once the NoE has been issued they have to wait 7 days before they visit you.

Have you had the Notice of Enforcement ?.

If they have issued it and waited the 7 days and they visit you again, that is when you incur further costs of £235.00.

If you still havent paid after that visit and they go to the removal of goods stage, thats when you incur further costs of £110.

Read here for more info : http://www.legislation.gov.uk/uksi/2013/1894/contents/made

Hope this helps

sourcrates

You need to deal with the disease, not the symptoms, go through the parking appeals procedure :

http://www.moneysavingexpert.com/reclaim/parking-ticket-appeals

http://www.patas.gov.uk

Time is of the essence if you wish to avoid this escalating to ridicules sums of money, it needs dealing with now.

FireWyrm

This is a council enforcement. There is no way that they are going to back down and this is only going to escalate. Digging your heels in now isnt going to work. If this was a private parking company, I'd say to stick two fingers up and tell them to shovel it, but dont mess with the council. Pay the debt, argue later.

donnadoo515

Thanks all for your advice.It is council.There are no courts involved.
They have issued an 'notice of enforcement' in late 2014. I'm guessing I am just going to have to pay whatever they are charging me? I've had a situation like this before regarding my TV Licence and they sent bailiffs out and incurred lots of charges almost £500 then they sent it back to the court and i only had to pay the original charge of £140 (which i did straight away) but as I said, there are no courts involved here.

Also, The notice of enforcement, how do I know it is legit? it 'says' they have a warrant from the court but there is no court stamp or signature on it - should there be?

antonic

If its in relation to unpaid Council Tax the Council have to go to Court to get a Liability Order before the debt can be passed for enforcement action.

A Notice of Enforcement is valid for 12 months after it is issued which means if it is was issued in Late 2014 as you say, it is still valid.

Just because its been issued and Newlyn are now chasing you for full payment of the debt, there is nothing to stop you asking if they will consider another arrangement.

Good luck and I hope you get this sorted in your favour.

dancingfairy

antonic wrote: »

If its in relation to unpaid Council Tax the Council have to go to Court to get a Liability Order before the debt can be passed for enforcement action.

A Notice of Enforcement is valid for 12 months after it is issued which means if it is was issued in Late 2014 as you say, it is still valid.

Just because its been issued and Newlyn are now chasing you for full payment of the debt, there is nothing to stop you asking if they will consider another arrangement.

Good luck and I hope you get this sorted in your favour.

I think you might be on the wrong thread or have misunderstood. It appears to be for some sort of parking infringement/parking in the wrong area.
df

antonic

dancingfairy wrote: »

I think you might be on the wrong thread or have misunderstood. It appears to be for some sort of parking infringement/parking in the wrong area.
df

Your right and I apologise to the OP, but the part apart the Notice of Enforcement is right.