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Newelyn entered home, refused to leave without £400 or car despite no judgement
B3_Honeybee
Posts: 4 Newbie
on 8 Dec 2017 I received a council issued parking fine. Two signs in the car park, one stating 'long stay mon-sat' followed by 'short stay mon-fri' nothing about parking in designated bays nor were there any highlighted or designated short stay bays. I walked to the hut at the entrance but no one was available. Purpose of my visit was to take my daughter to the emergency Drs as her surgical back wound was clearly infected. I couldn't see anyone or a pay machine & my daughter couldn't walk unaided or miss her apt. Upon return 15 mins later a ticket was issued. I appealed immediately following the correct process. 6 Feb I rcvd a letter stating my appeal was rejected with a photo of the main car park sign stating I had not paid for parking. I challenged with the council and provided my own photo of me in the car parked directly under the short stay sign (in the absence of clarity over the parking bays) th re is also no proof in their photos of any difference in bay markings. I also stated no bays referred to single or short stay and my car was one of 7 parked in front of the short stay sign that had rcvd a ticket therefore supporting my claim it was unclear. Rcvd nothing back until 10 June 2017. I rcvd notification to appear in court on 16 June at Northampton. I sent a statement that I could not attend and explained the above and added my own photos. Rcvd my statement on 27 June back stating it was sent signed and it needed to be signed and rtnd to court before my court appearance (the letter rcvd with this instruction is dated 21 June!). I stipulated this on my signed and rtnd statement. Anxious regarding work, home, this has taken its toll and I kept trying to call the court (most Fridays thereafter) but unable to get out of the answerphone loop which refers you to email.
On 1st September at 4:15am a van appeared outside my house blocking my drive. At 6am (after the dog barking continuously for this time) the person knocks, demands the keys to my car or £400 for the ticket. He showed no id, did not introduce himself, produced no papers, came into my home refused to leave until he had the car or the money! In tears and very much shaken I explained the above, his response was that this was not his problem, I should've paid the original ticket then challenged (which is wrong) he kept saying that a warrant was issued and I told him a judgement had not been made or rcvd nor had I rcvd any notification, again, getting aggressive to me (I'm standing in just my dressing gown, shaking, asking this man to identify himself, on what authority and he kept stating 'the courts'. I am a vulnerable adult with a daughter at home with special needs, the guy said he would only be back at 11am and he would take any possessions due to the court instruction and he was a bailliff. He mocked me stating that I shouldn't have committed an offence, I said that I wasn't a criminal and again, mocked with 'ha it's not a criminal offence it's a traffic offence' and again I explained I don't owe anything, no outcome of appeal or court judgement. He began shouting at me that I should've paid the ticket, it's my responsibility to chase and I shouldn't have 'sat there doing nothing for 8 months'. I by this time am shaking, crying and asking this many to leave as I'm in shock. He refused to leave without my car or my money (standing in my hallway) this had gone on now for 30mins. I suffer anxiety, have Crohn's disease and am in the process of leaving an abusive home (with police documents in support of this). So my anxiety was horrendous (I've just also recovered from the removal of a thyroid tumour). My husband paid using his credit card to get him out of the house. I then received a handwritten receipt from Newelyn Plc. He didn't say what happens next and didn't respond when I told him I had no previous notification from his company either. I also said I couldn't afford to pay as this was a weeks wages, and asked what happens now and he just shrugged his shoulders and said it wasn't his problem. I have a notifiable profession, even more anxious about a warrant and my risk of losing my job (NHS) haven't slept tonight nor has my daughter as there is nothing to stop this happening again that I can see and, I feel that money's were taken from me under duress in a wholly unjust situation where natural justice has not been observed. Esp after paying, I realise from his receipt (which needs to be validated but doesn't say how?!) he was a debt collector and not a court bailliff which he had implied, his actions feel unlawful, i am tempted to cancel the payment with the credit card and let them come back (this time I'll at least know!) plus he has fallen foul of their own policy on dealing with vulnerable people! Any advice, comments, similar stories? Thank you
On 1st September at 4:15am a van appeared outside my house blocking my drive. At 6am (after the dog barking continuously for this time) the person knocks, demands the keys to my car or £400 for the ticket. He showed no id, did not introduce himself, produced no papers, came into my home refused to leave until he had the car or the money! In tears and very much shaken I explained the above, his response was that this was not his problem, I should've paid the original ticket then challenged (which is wrong) he kept saying that a warrant was issued and I told him a judgement had not been made or rcvd nor had I rcvd any notification, again, getting aggressive to me (I'm standing in just my dressing gown, shaking, asking this man to identify himself, on what authority and he kept stating 'the courts'. I am a vulnerable adult with a daughter at home with special needs, the guy said he would only be back at 11am and he would take any possessions due to the court instruction and he was a bailliff. He mocked me stating that I shouldn't have committed an offence, I said that I wasn't a criminal and again, mocked with 'ha it's not a criminal offence it's a traffic offence' and again I explained I don't owe anything, no outcome of appeal or court judgement. He began shouting at me that I should've paid the ticket, it's my responsibility to chase and I shouldn't have 'sat there doing nothing for 8 months'. I by this time am shaking, crying and asking this many to leave as I'm in shock. He refused to leave without my car or my money (standing in my hallway) this had gone on now for 30mins. I suffer anxiety, have Crohn's disease and am in the process of leaving an abusive home (with police documents in support of this). So my anxiety was horrendous (I've just also recovered from the removal of a thyroid tumour). My husband paid using his credit card to get him out of the house. I then received a handwritten receipt from Newelyn Plc. He didn't say what happens next and didn't respond when I told him I had no previous notification from his company either. I also said I couldn't afford to pay as this was a weeks wages, and asked what happens now and he just shrugged his shoulders and said it wasn't his problem. I have a notifiable profession, even more anxious about a warrant and my risk of losing my job (NHS) haven't slept tonight nor has my daughter as there is nothing to stop this happening again that I can see and, I feel that money's were taken from me under duress in a wholly unjust situation where natural justice has not been observed. Esp after paying, I realise from his receipt (which needs to be validated but doesn't say how?!) he was a debt collector and not a court bailliff which he had implied, his actions feel unlawful, i am tempted to cancel the payment with the credit card and let them come back (this time I'll at least know!) plus he has fallen foul of their own policy on dealing with vulnerable people! Any advice, comments, similar stories? Thank you
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Comments
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Someone will be along soon to help with this, but if someone forces entry like this with no authority or paperwork you should call the police and tell them immediately.
If he was acting as a debt collector he had no powers to do this I'm sure!0 -
You will be best served in dealing with bailiffs by making contact with 'Bailiff Advice Online'. Sheila, who provides this excellent service, has an extremely good reputation for assisting people with bailiff issues.
Calls and the email enquiry service are free.
Here's your link:
http://bailiffadviceonline.co.uk
Sheila also posts on MSE as 'Herbie21'
HTHPlease note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.Private Parking Firms - Killing the High Street0 -
How on earth does somewhat confuse this forum about parking on private land with council fines, High Court Bailiffs, seizure of goods, etc?You never know how far you can go until you go too far.0
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How on earth does somewhat confuse this forum about parking on private land with council fines, High Court Bailiffs, seizure of goods, etc?
Very easy for a distressed newbie to start a thread here over any parking fine.
If you are irritated by this you should petition MSE to change the forum title - it's definitely not the OPs fault!0 -
Of course it is her fault. It is precisely this lack of attention to detail that got her in the mess she now finds herself.You never know how far you can go until you go too far.0
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Of course it is her fault. It is precisely this lack of attention to detail that got her in the mess she now finds herself.
How can it be?
According to it's title this forum is for "parking tickets, fines and parking".
Regulars know it's not for "fines"at all. Newbies looking for help over a parking ticket and a fine don't, and are politely pointed in the right direction as has happened here.
You forget we are asked to be especially nice to newbies who cannot be expected to know this forum title is wrong!0 -
My post is not regarding high court bailliff- no court decision was made. This is in relation to a debt collector.
There was no lack of attention on my part relating to the incident or with regard to my post.
I hope you never find yourself in a position requiring compassion, tolerance and understanding.0 -
Newelyn are very well known as nasty aggressive people
Before all this, the OP would have received a letter from
the court advising her to pay £££
The bully boy tactics of this person are not ethical but then
again most councils have an unethical side to them
As the OP has paid there is nothing more the council can do
but if the OP wants some saitisfaction, she should tell her
story to the press. There is nothing better than a council
with egg on their faces
The Daily Mail loves these stories0 -
Quentin. as a consular officer I spent a lot of my time getting people out of scrapes in foreign parts. Hospitalised with no insurance, trying to smuggle in that extra bottle of booze, using illicit substances, not having the proper visa
In nearly every case it was due to them doing things they should not have done, or not doing things they should have done. . Most of the CCJs we read of here make my point.
The OP appears to have tried to conduct much of this matter by telephone. if she had used a pen and paper things might have turned out differently. I am not convinced that she is entirely blameless here.You never know how far you can go until you go too far.0 -
Quentin. as a consular officer I spent a lot of my time getting people out of scrapes in foreign parts. Hospitalised with no insurance, trying to smuggle in that extra bottle of booze, using illicit substances, not having the proper visa
In nearly every case it was due to them doing things they should not have done, or not doing things they should have done. . Most of the CCJs we read of here make my point.
The OP appears to have tried to conduct much of this matter by telephone. if she had used a pen and paper things might have turned out differently. I am not convinced that she is entirely blameless here.
You do know that Mrs MayDay is looking for someone
to sort out this Kim chappie in North Korea0
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