newlyn warrent of execution

[lanesra2005]

Hi

I today received a bailif removal notice with a copy of a warrent of execution for a parking ticket. It was from april last year and i do not have a car. However i do use a car club and it is entirely feasible i did indeed park in the road, but defo did not get a ticket. Anyway the amount due is for £202.

I wrote a letter to them telling them i dispute it and i will not allow them peacefull entry into my property as i live in a studio flat with my daughter so our front room is her bedroom. The amount they claim is £573 plus associated costs, how on earth is that reached when they only put 1 letter through the door....advise pleae

[Fair-Parking]

Would you care to post this 'warrant of execution'? If its genuine, it'll be a first from Newlyn

[lanesra2005]

certainly will ,ill scan it in the morning and do so

[lanesra2005]

interested to know how they reach thei figure given the requirements set out in the enforcement regs below

SCHEDULE 1TABLE OF FEES CHARGES AND EXPENSES(excluding Value Added Tax)1For preparing and sending a letter advising the debtor that a warrant is with the bailiff and requesting the total sum due£10.00Note:The fee under paragraph 1 can only be recovered if the letter is sent before a first visit is made to the debtor’s premises.2For levying distress—(i)Where the sum demanded and due does not exceed £100£20.00(ii)Where the sum demanded and exceeds £10020% on the first £200; due 5% on any additional sum over £2003For attending to levy distress but where the levy is not made, the reasonable costs and charges for attending to levy.The costs and charges are not to exceed the fees and charges which would have been due under paragraph 2 above if the distress had been levied.The costs and charges are subject to taxation under rule 11.Note:The aggregate costs and charges payable under paragraphs 2 and 3 are not to exceed the costs and charges allowed for three attendances to levy distress.4For taking possession—(i)Where a man is left in physical possession (close possession)£4.50 each day.(ii)Where walking possession is agreed45p each day for the first 14 days; 5p each day thereafter.Notes:The charge for walking possession is payable only if a walking possession agreement has been made using Form 8.A person left in physical possession (close possession) must provide his or her own board in every case.The possession fee is payable in respect of the day on which distress is levied, but a fee for physical possession must not be charged where a walking possession agreement is signed at the time when distress is levied.5For appraising (valuing) goods, the reasonable fees, charges, and expenses of the broker. The fees, charges and expenses are subject to taxation under rule 11.Note:An appraisal (valuation) shall take place only on the written request of the debtor.6For removing goods, or attending to remove goods where no goods are removed, reasonable costs and charges. The costs and charges are subject to taxation under rule 11.7For sale—(i)Where the sale is held on the auctioneer’s premises, 15% of the sum realised to cover the auctioneer’s commission and out-of-pocket expenses, plus the reasonable cost of advertising, removal and storage.(ii)Where the sale is held on the debtor’s premises, 7½% of the sum realised for the auctioneer’s commission, plus out-of-pocket expenses actually and reasonably incurred.The fees, expenses, charges and costs to be subject to taxation under rule 11.8Where distress is withdrawn or where no sale takes place, reasonable fees, charges and expenses, subject to taxation under rule 11.9For the purpose of calculating any percentage charges, the fraction of £1 is to be reckoned as £1. Any fraction of a penny is to be disregarded.10In addition to any amount authorised by this Table, the amount of value added tax payable may be passed on to the debtor by adding an equivalent amount to the sum due.

[Fair-Parking]

Is this the 'warrant'?

[lanesra2005]

[Fair-Parking]

Sorry - no link attached. Can you scan the document purporting to be a warrant?

[lanesra2005]

at the risk o sounding stupid...i clicked on the insert image icon is there another way to upload?

[brassnecked]

at the risk o sounding stupid...i clicked on the insert image icon is there another way to upload?

 

Scan it and put it on photobucket, then post the link, but I think you will need 10 or so posts to post a link.

[lanesra2005]

despite my letter being sent and received(sent recorded delivery) telling them my property is a studio and i share it with my daughter, so the living area is our sleeping area which is in fact her bedroom!!, despite me texting the bailiff and the letter to the company telling them i will not allow them peacefull entry to levy they send a final notice for bailiff removal.....am i missing something here

[lanesra2005]

despite my letter being sent and received(sent recorded delivery) telling them my property is a studio and i share it with my daughter, so the living area is our sleeping area which is in fact her bedroom!!, despite me texting the bailiff and the letter to the company telling them i will not allow them peacefull entry to levy they send a final notice for bailiff removal.....am i missing something here

[lanesra2005]

Ok so despite sending a letter to them recorded, i have checked it was signed for, I today got a final notice for bailiff removal. I text the bailiff and informed him as i did in the letter that i live in a studio flat with my daughter so her bedroom is our livingroom so there fore i will not grant them peaceful entry to levy and not t waste his time or mine turning up to remove goods he has not levied...

am i missing something here

[lanesra2005]

http://i1076.photobucket.com/albums/w446/cunnyfunt2012/newlynwoe.jpg Edited May 30, 2012 by lanesra2005
wrong code

[wonkeydonkey]

Is this a pcn or a parking fine? if a pcn then you need to argue with the Council that issued it...

 

WD

[Fair-Parking]

The warrant was printed out by the bailifs and in typically Newlyn style - a process which is unlawful.

 

Further it is the old style of warrant which was replaced by the MoJ in April 2011 (this one is dated December 2011 - a date itself which will almost certainly have been backdated) because the wording was declared unlawful.

 

This one is addressed to the respondent and not to an enforcement officer. That's why it was declared unlawful. People cannot enforce against themselves.

[wonkeydonkey]

Thank you FP as I always say I Know as much about parking issues as I do about picking the winning lottery no's, it is a minefield I prefer to leave to those that are in the know like yourself.....

 

WD

[lamma]

fair parking is absolutely correct

[Jamberson]

Did you receive prior documentation from the council who issued the PCN in the first place? They should have sent you several documents before the warrant was granted.

[lanesra2005]

UPDATE

I got tired of all the crap letters and when a bailiff turned up 4 weeks ago I stormed out and confronted him......and I have to say he was a real noce but new bailiff. He showed me his sheet of ALLEGED previous appointments and also file notes of letters i had sent etc. In short it showed 3 agents unassigned and clear note stating mentally fragile...as i was some time ago due to a mental breakdown...I digress.

I have today received another demand from them this time addressed to the owner occupier WTF. More interestingly, I checked the bailiff register and the bailiff that has been visiting recently does not appear to be licenced. I have involved my MP. I have asked for a full breakdown of alleged times and dates, copies of all file paperwork concerning me but so far no response. You guys are great on here and appreciate your input.

[lookinforinfo]

Newlyn are a modern version of Hans Christian Anderson. They certainly write more fairy stories than ever he did.

They will tell you all sorts of stories about how they are coming in the morning with a van to remove your goods etc etc.

All this without having even levied! Heaven help anyone who has actually been levied-I assume they threaten to eat all your children

or something.

 

Lanesra please do not waste your time telling them not to come as that is part of their job. They will come since that is one way they get paid.

So if anyone does come, simply do not let them in. Don't even answer the door so they cannot then force their way in.

 

The quickest way to stop them coming is to contact the Council and tell them not only you do not own a car but you are also a vulnerable lady who has

recently had a mental breakdown and still in no state to deal with bailiffs. The council then should call off the bailiffs and sort matters out with you and

investigate whether you should have had a ticket at all or if a car from the Car Club was involved.

[Jamberson]

Did you or did you not receive prior notices about the PCN from the Council?