Bailiff's Action: Letter from Newlyn

[zeesh]

Hi All,

I need some help with a PCN i received from Ealing council. I represented and contested the change but didn't receive a response back from the council. The same month I moved out the house and I never received anything form the council. I by chance logged online and to my surprise the PCN was still active. I wrote back to Ealing and requested them for a review and update the address.

They never updated to new address and forwarded the request to Newlyn Bailiffs. I went to TEC to contest and filled the Out of Time application.

They refused it and never advised of the outcome. I recently then received a Control of Goods letter from Newlyn on my new address followed by Payment default notice.

I went back to Ealing council and advise them that i never received the letters and they refused and asked me to deal with Newlyn.

Please advise how should I proceed.

best Regards,

Zee

[zeke]

You need to find out whether the warrant has your old address.

If it does, then the warrant is worthless because it is a class of defective instrument. The bailiff cannot take control of goods without attracting liability for a breach of Civil Procedure Rule 75.7(7).

If the address on the warrant is current, then you must make your car safe, and take these steps. https://www.nationalbailiffadvice.uk/Pr ... Goods.html

You can find out if the warrant address is current by using the Traffic Enforcement Centre's telephone security check.

If the date of issue is more than 12 months, the enforcement is outside the prescribed time limit.

Have the PCN number ready, and call the Traffic Enforcement Centre (the TEC) on 0300 123 1059.

Press 4 to skip the robot and be put in line to speak to an agent. They ask you to give the PCN number first. Then they ask you for a 'security check' by 'confirming your postcode'.

If you recently moved or have a different address showing on your vehicle's V5 with the DVLA, then give that postcode in the security check.

If the TEC accepts the postcode, then you have shown the address on the warrant of control is not current and proves you were not given a statutory Notice to Owner (NTO), plus, it also shows the bailiff has taken the law into his own hands and traced you, and are now trying enforcement action knowing you were not given you a statutory Notice of Enforcement (NOE).

The bailiff is hoping that you are less informed of the law, and pay up when they ambush you at your current address without notice, or by opportunistically finding your car on the street using number plate recognition cameras.

Now ask the call centre agent at the TEC for:

The correct spelling of the ADDRESS on the warrant.
The DATE the warrant of control was issued.
The SUM adjudged on the warrant.

Then WRITE IT ALL DOWN.

You need to repeat this procedure for every PCN number or warrant the bailiff is concurrently enforcing.

If the TEC only accepts your current address, they may have switched the warrant address to your current address, then see whether the warrant issue date pre-dates the date you moved.

It is not possible for a warrant to be issued with your current address on a date before you moved there.

[zeesh]

Hi Zeke,

Thank you for the feedback and providing assistance in this regard.

I have contacted TEC and they have provided the below information.
- Account on there file is the current address
- The date of the warrant of controls was issued: 11 Apr 2022
- The sum adjudged on the warrant: TEC was not able to answer and have advise to contact council for the copy of the warrant

They also confirmed that TEC reissued the warrant to the new address on 10th May 2022.

They advised that after 11th Apr 2023 the warrant will expire or the bailiffs will request an extension with the council.

For context please note the dates below.

- Date of offence: 30th Jan 2021
- Original Date of PCN received : 12th Feb 2021
- Representation against PCN: 18th Feb 2021
- Moved to new address: 27th Feb 2021
- 2nd representation date: 09th Aug 2021 (Requested to update my address to the new one)
- TEC out of Time representation: 27th May 2022
- Letter received from Bailiffs to new address: 6th Feb 2023 (control of goods)
- 2nd letter received from Bailiffs: 13th Feb 2023
- 3rd letter received from Bailiffs: 20th Feb2023

Current status: I spoke to Step change and other Bailiffs support agencies who all advised to agree on a payment plan with the Bailiffs.

I then called Newlyn and agreed a payment plan with them. I also paid £100 towards the overall debt of £514.

2nd instalment is due in 24th March and another one a month later for £203.

Please advise what should I do next and proceed from here onwards?

In confusion and stress I have already agreed to pay it but don't have the money or the mean to pay. I also think I am not liable for this unfair charge. Newlyn on the call also advise me that they only get confirmation from Ealing council in Jan 2023 to proceed with the warrant. That was active last year before I went to TEC.

looking forward to some guidance.

best Regards,

Zee

I am however

[zeke]

Have a look at the following checklist.

https://stopthebailiffs.uk/parking-and- ... check.html

Tell me if any of them apply to you.

[zeesh]

Hi Zeke,

From the list I can only relate to the following

- The debt is more than 12 months old. (The original offence took place in 30th Jan 2021)

- The date of the warrant of controls was issued: 11 Apr 2022 and then TEC reissued the warrant to the new address on 10th May 2022.

Please advise should I not make my next payment on 23rd Mar 2023 and wait till 11th Apr 2023 to wait for the warrant to be lapsed?

Or am in a contract with newlyn now and make sure I pay the full agreed payment in the next two months?

Thank you for your help

[zeke]

You have no contract with Newlyn. They are only a company out to make money.

The liability is to the council which has delegated the collection to a third party.

The re-issue of the warrant with a new address does not extend it.

When a warrant is re-issued to a new address, the bailiff must give a notice of enforcement. Otherwise, the enforcement stage fees are void. Regulation 3 of the Taking Control of Goods (Fees) Regulations 2014.

The fact the original warrant has your old address is evidence the notice of enforcement was not given. Section 7 of the Interpretation Act 1978.

Pay the liability amount to the creditor, and give notice to the bailiff company. Its called a Paragraph 59 notice.

[zeesh]

Thank you it is very clear now.

They haven't given any notice of enforcement.

I am on the other hand got impatient and have agreed with Newyln a payment plan and also paid them £100 towards the £514.

Initially I reached out to the council and asked them to reconsider my appeal and take the penalty. They refused and advise that I should speak to Newlyn and pay them as they have now got the file.

Should I wait till 11apr for the 12 months period to be over and not pay my 2nd instalment that is due on 23rd Mar and also park my car somewhere where it is not in sight?

[zeke]

Pay the liability amount to the creditor, and give notice to the bailiff company. Its called a Paragraph 59 notice.

[zeesh]

Pay the liability amount to the creditor, and give notice to the bailiff company. Its called a Paragraph 59 notice.

Please advise how can I recover the £100 that I have already paid to the bailiffs also when I reach out to the council they advise that the case is with bailiffs so they cant take any payments from me. Any further correspondence needs to be with them.

[zeke]

If you need to do a recovery of money taken by bailiffs, then the most common, and cheapest route is a chargeback.

It freezes the bailiff's bank account and the money is returned to your account.

The bailiff company holding the account can appeal against the chargeback, but these are rarely successful. The bank is otherwise on the hook for a potential APP fraud claim.

If the council is telling you to contact bailiffs about payment, then tell them to contact you when the bailiff has returned the account, then leave it there and close the matter.

Meanwhile, you take these steps.

https://www.stopthebailiffs.uk/how-to-p ... ement.html

[zeesh]

If you need to do a recovery of money taken by bailiffs, then the most common, and cheapest route is a chargeback.

It freezes the bailiff's bank account and the money is returned to your account.

The bailiff company holding the account can appeal against the chargeback, but these are rarely successful. The bank is otherwise on the hook for a potential APP fraud claim.

If the council is telling you to contact bailiffs about payment, then tell them to contact you when the bailiff has returned the account, then leave it there and close the matter.

Meanwhile, you take these steps.

https://www.stopthebailiffs.uk/how-to-p ... ement.html

Thank you Zeke you are a Gem

[zeesh]

Hi @zeke

I hope you are well.

I managed to find the bailiffs Notice of enforcement letter.

They did sent me a letter last year.

I now however went back to Bailiffs and asked them that the 1 year period has now ended. So please stop chasing me and I will deal with the Council who issued the original PCN.

They however, replied that as I have made the payment this is not valid and it reset the counter. They will stop threating me only if there are advised by the Council.

I am not what do I need to do next. My bank is also not supporting saying I cannot have chargeback against the payment I made to Newlyn.

Please advise how should I deal with Newlyn and the council?

Thank you for your support

[zeke]

The 12-month enforcement period only applies to the Notice of Enforcement.

Since 22 April 2014, the warrant of control now has a 6-year limitation period.

If a money transfer has been taken more than 12 months from the time you were given the Notice of Enforcement then you can reclaim it from the council by making a letter of claim and reclaiming it on Money Claim Online.

[zeesh]

Hi Zeke thank you for responding to my query.

I would like to confirm the below.

1. Can Newlyn pursue the case after an year from the date when the warrant of control was issued?

They are saying that in feb 2023 you made the payment therefore you are liable to make the rest of the payment to Newlyn. It doesn't matter if the year ends.


2. If the answer to the above is yes than What document do I need to send to Newlyn to ask them to stop threatening me?

To your comment in the last reply "If a money transfer has been taken more than 12 months from the time you were given the Notice of Enforcement then you can reclaim it from the council by making a letter of claim and reclaiming it on Money Claim Online." I have made the payment in Feb 2023 and have received Notice of enforcement from Newlyn on 17 May 2022. TEC issued warrant of control on 11 Apr 2022.

Please advise way forward.

Thank you

[zeesh]

Hi Zeke,

Would be great if you can respond.

Best Regards,

Zee

[zeke]

The 12-month limit for enforcement starts from the date of issue on the Notice of Enforcement.

The validity limit for a warrant of control is 6 years from the date of issue. During that time, the bailiff has no limit on the number of Notices of Enforcement issued. But each notice still has a 12-month limit.

If the Notice of Enforcement was issued on 17 May 2022, then it lapses on 16 May 2023. Enforcement cannot take place unless they issue another Notice of Enforcement.

The way forward? No nothing. No further action. Just protect your goods until 16 May 2023. Here is how to protect your goods,

https://www.nationalbailiffadvice.uk/Pr ... Goods.html

[John The Baptist]

Hi Zeke,

Would be great if you can respond.

Best Regards,

Zee

Hi Zee

If you agreed a payment plan, entered into a payment plan and then stopped paying then Newlyn are right and Zeke is wrong.

The clock is reset for 12 months from the date of your breach of the payment plan.