Hi
First post here, just looking for some advice as I believe the agent from the above company may be acting unlawfully.
I got a PCN back in August last year which I appealed on the grounds that I did not receive an NtO. It is now with the court. I sent in a TE9 on 10th December 2022 but it was rejected as I hadn't signed it correctly. I received an email from TEC on 29 March '23 informing me that I needed to correct and resubmit it which I did. I then thought no more of it as I expected that the court would process the appeal and I would be hearing from them in due course. Unfortunately TEC sent another email the following day which I missed, informing me that I need to submit a TE7 along with the corrected TE9. I had no idea until yesterday that this email was sitting in my inbox. Yesterday morning I had a letter pushed through my door from an enforcement agent from Newlyn's. I have not received a Notice of Enforcement. I contacted the court and they said that the appeal was still ongoing and that the Enforcement Authority had sent the Bailiff to recover the debt and that I should contact them to query it. I have now sent in the TE7 and TE9 and this should be with the Enforcement Authority within the next few days. They have agreed to put a hold on enforcement proceedings until this coming Monday but I still feel a little nervous about having this hanging over my head as my work vehicle is parked outside my address and I don't want it getting clamped or towed off.
My question is, is this person acting lawfully, given that I received no Notice of Enforcement and there is no court order or warrant?
Many thanks for any advice you can give me
newlyn
Re: newlyn
If you didn't get a Notice to Owner (NTO), then it is likely the warrant of control has your previous address.
Telephone the Traffic Enforcement Centre (TEC) on 0300 123 1059 and when you are answered by a person, give the PCN number. They will ask you to make a security check by asking you for your postcode. Give the postcode to your previous address, or the postcode that is on your V5 logbook.
If that passes the security check, then the warrant has your previous address on it, and it is a defective instrument.
If the TEC does not accept your postcode, then never give your current address, otherwise, they will change the warrant address and backdate the issue date - sometimes backdated before you moved to your current address.
If Newlyn pushed a document thru the door at your current address, it is likely to be a phishing document. A ruse to see whether anyone contacts them from the address they placed the document.
If your car is on finance, then it is off the table as far as the enforcement is concerned.
If they tow your car under a defective instrument, you can recover damages.
The bailiff is supposed to tell the council that you have changed your address, and the regulations state the council should apply for a new warrant specifying your current address.
Telephone the Traffic Enforcement Centre (TEC) on 0300 123 1059 and when you are answered by a person, give the PCN number. They will ask you to make a security check by asking you for your postcode. Give the postcode to your previous address, or the postcode that is on your V5 logbook.
If that passes the security check, then the warrant has your previous address on it, and it is a defective instrument.
If the TEC does not accept your postcode, then never give your current address, otherwise, they will change the warrant address and backdate the issue date - sometimes backdated before you moved to your current address.
If Newlyn pushed a document thru the door at your current address, it is likely to be a phishing document. A ruse to see whether anyone contacts them from the address they placed the document.
If your car is on finance, then it is off the table as far as the enforcement is concerned.
If they tow your car under a defective instrument, you can recover damages.
The bailiff is supposed to tell the council that you have changed your address, and the regulations state the council should apply for a new warrant specifying your current address.
Re: newlyn
Hi
Thanks for your reply but I don't think that is the issue
I've lived at my current address for the last ten years
It could be defective for other reasons. There is no address on the letter, just my name. They have put an amount in a box that they are trying to extract from me, but this is not itemised so I don't know what or who it is that I'm paying. As previously mentioned, I haven't been served with a Notice of Enforcement either.
Couple of other things - he's been sent from the Enforcement Authority, but there is no warrant from the court as this is still being dealt with by TEC as an out of time appeal. There is also some confusion about who the EA actually is. The PCN was issued in one area, but the parking enforcement there is dealt with by another district council, who are the ones that sent the bailiff. To add to the confusion, the EA as listed on the TE9 form is the local County Council !
Thanks for your reply but I don't think that is the issue
I've lived at my current address for the last ten years
It could be defective for other reasons. There is no address on the letter, just my name. They have put an amount in a box that they are trying to extract from me, but this is not itemised so I don't know what or who it is that I'm paying. As previously mentioned, I haven't been served with a Notice of Enforcement either.
Couple of other things - he's been sent from the Enforcement Authority, but there is no warrant from the court as this is still being dealt with by TEC as an out of time appeal. There is also some confusion about who the EA actually is. The PCN was issued in one area, but the parking enforcement there is dealt with by another district council, who are the ones that sent the bailiff. To add to the confusion, the EA as listed on the TE9 form is the local County Council !
Re: newlyn
Sure
There wasn't an address on there, just my name which I have redacted
https://imgur.com/a/qT0nHCH
There wasn't an address on there, just my name which I have redacted
https://imgur.com/a/qT0nHCH
Re: newlyn
It's a phishing letter.
Bailiffs use these to see if anyone makes contact and that verifies the debtor is living at the address the document was given.
Bailiffs use these to see if anyone makes contact and that verifies the debtor is living at the address the document was given.
Re: newlyn
But how is that legal?
I mean demanding payment for an alleged debt under duress (i.e. the threat of distraining your vehicle/other possessions) seems at best harassment or at worst fraudulent to me
I mean demanding payment for an alleged debt under duress (i.e. the threat of distraining your vehicle/other possessions) seems at best harassment or at worst fraudulent to me