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Newelyn entered home, refused to leave without £400 or car despite no judgement

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Comments

  • Are you the same person who has posted on the help with bailiffs Facebook group?
    If you were not the driver write to the parking firm and tell them who was so they CANNOT hold you liable. The person who was driving the car is responsible so let them deal with it. Not you! Don’t let people with an agenda tell you otherwise.
  • patman99
    patman99 Posts: 8,532 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker Photogenic
    It sounds very much like the Council have messed-up with the signage.

    The Courts should have given you the option of having the case heard more locally to you and should have at least let you know the hearing date and outcome.

    Do complain to the Council and do keep us updated.
    Never Knowingly Understood.

    Member #1 of £1,000 challenge - £13.74/ £1000 (that's 1.374%)

    3-6 month EF £0/£3600 (that's 0 days worth)

  • Herbie21
    Herbie21 Posts: 562 Forumite
    edited 3 September 2017 at 3:40PM
    Esmerobbo to be honest, it's extremely confusing and my lack of understanding just added to the confusion I think.

    The car park is in Castlepoint District Council but the ticket was issued by Chelmsford City Council. The ticket was for failing to display a valid ticket but short stay was free on a Sat/Sun.

    I received no reason for rejecting my appeal (but requested one in writing). Received nothing from Council.

    I received a date to attend Northampton Traffic Enforcement Court. I completed paperwork and typed a witness statement with photos showing no change of bay colour, both signs etc.

    No outcome received so I wrote to both Council & Northampton, received a visit from Newelyn who said a warrant had been issued. He had no warrant or amount to chase. Upon calling Newelyn they were acting on behalf of the council, not the court/ traffic enforcement. They are debt collectors, not a bailiff.

    Oh Honeybee, I am sorry to say but you have really managed to get confused about this parking ticket.

    Just so that you are aware, I am the person (Sheila from Bailiff Advice Online) who you have been advised to contact by the helpful posters on here. Instead of contacting me, it may assist others if I respond on the forum.

    What seems to have happened here is that you received a parking ticket and made representation to the council. They rejected your representation. They should have advised you that you could make Formal Representation (in other words, you get two opportunities to 'appeal'). If your Formal Representation were to be rejected, you would be sent a Notice of Rejection outlining the steps available to you (which would be that you could have your 'appeal' considered by the Parking Adjudicator etc.

    It would then seem that you received an Order for Recovery and wrongly thought that you would need to attend court. In fact......all that you needed to do at this stage was to complete the witness statement and tick box number 2 (that you had appealed to the council etc and had not received a response).

    If you had done this properly and in the correct time frame, the parking ticket would be automatically 'rewound' back to the appeal stage.

    In a nutshell, something went wrong and a warrant was issued.

    Before the visit by the enforcement agent (which I will address later), you should have received a letter from Newlyn's entitled; Notice of Enforcement. This notice would have outlined the amount required to settle the matter. It would have been at this stage that a payment proposal could have been set up.

    Did you speak to the council after receiving this letter?

    Also, have you spoken to the council since the bailiff visit to find out why they did not respond to your further 'appeal'?
This discussion has been closed.
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