Unlawful vehicle removal by Waltham Forest Council and Newlyns PLC

[Jamberson]

You can try phoning the council and asking what address they were sending the notices too. If it's not your correct home address, there is a process you can try. If it is, then you're pretty much out of options. Check with them, and let us know.

[oz-uk]

it would be the correct address but i did not see any letters. its quite likely i sent them back to wherever they come from if they are labelled with a corporate return address. i did not recieve anything from the council.

 

Im just wondering if they follow CPR rules? or are they exempt of that? Who did the crime of not sending me a summons to the court? was that the council or northampton county court bulk center? or was it newlyns? i dont know who to ask for disclosure but i really want to take this further. they are trying to sell my privately owned property without a valid court case that i was summonsed to.

[oz-uk]

they just shovel it back and forth so i cant get a grip on whats happened.

[oz-uk]

some letters said NSL. i do not know any NSL so i send them back. I did not receive anything from the council.

[Jamberson]

There is no court process. You don't have any right to a summons or a court appearance or anything like that. Once a PCN is issued, the registered keeper will automatically become liable for the charge, and the charge goes up and up and is legally enforceable. Your only recourse is the appeals process - you need to open your mail, read it and take action on it - otherwise they can and do turn up and remove the car. It's legal. It's the way the system is designed.

 

Check with the council what address they were writing to. If there are multiple PCNs and they sent multiple notices for each one to the correct address, you are in an impossible position. No-one will accept that none of the post arrived, if they were really using the right address.

[green_and_mean]

Not exactly relevant here but the law now allows Councils to remove vehicles in London even if there is no warrant

 

http://www.legislation.gov.uk/ukla/2008/3/part/5/enacted

[tomtubby]

From reading your posts it would seem that you have numerous parking tickets that you have not appealed against any of them and that in the absense of payment warrants of execution have been issued and passed to Newlyn Plc to enforce.

 

Approx 1.4 millions warrants are issued each year and there is NO requirement for them to have a "wet signature".

 

All "warrants" are authorised by the Traffic Enforcement Centre" and you should have received Orders for Recovery and at this stage you could have avoided warrants being issued by completing a TE9 witness statement.

 

In your first post you have indicated that somebody is attemtping to register your car. It is almost certain that Newlyn plc have SOLD your car ( and with it your personalised plate).

 

Given the number of PCN's I would guess that the local authority would have authorised the vehicle to be sold under the provsions of the Persistant Evaders regulations which covers situations where 3 or more warrants are outstanding against a debtor.

[oz-uk]

ok thanks everyone for your support, basically i was right, they are bypassing CPR using legislation. its not lawful but who cares, its their world right? doesnt belong to anyone else

[oz-uk]

this is the last time i register a car or anything for that matter

[oz-uk]

i think its harassment myself, as i cannot park anywhere else to get into my property, it is a single yellow line that EVERYONE parks on all day long. its semi industrial cul-de-sac. you cant do anything unless you use the road. anyway, i now no longer drive and will not bother again here. i can only drive illegally anymore. they changed my life and they did it illegally. they victimized me and they took my right to a trial away. i do not know the laws of their little corp. i only know that i am entitled to a fair trial which i was never offered.

 

They bypass CPR rules because they do not go to court. if there is no court room how do they create a warrant???? which judge attended? which court room was the ruling made in.

 

this is just a perfect example of tyranny from the authorities. Turn the other cheek. buy another one for them to take away.

 

sorry for my foul mood but this is bull****. we have no rights, just as i thought.

[green_and_mean]

ok thanks everyone for your support, basically i was right, they are bypassing CPR using legislation. its not lawful but who cares, its their world right? doesnt belong to anyone else

 

Its actually part 75 of the CPR and legal, if anyone has ignored the law its you by failing to park legally and then not bothering to reply to any formal notices.

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_part75

[oz-uk]

So its ok to take someones property without a court case? without having being served a warrant from a real court not a bulk center. Maybe they tricked you like the rest of us. Not to worry anyway. Dont wanna waste anymore of anyones time on this issue. thanks all for taking the time to respond and giving me good sources of information I can read up on. Next time I aquire a car or bike, i will be serving affidavits against dvla and london councils and deregistering the car. I will have to buy something cheap so if it gets stolen again i can replace it easily.

 

I am not a criminal, i need access to my property. being victimised by corporations for the sake of extortion by so called authorities for using my privately owned property in front of my privately owned property should be something i can do in this country. Im sure there is a law in this country that i am allowed access to the place i live at. It obstructs no one on a road which is barren cul-de-sac except from 9am-6pm when the parking restrictions are enforceable. Theres no liability, it has no victim except myself. Its criminal. I wanted to do something about it. Maybe im on the wrong site for what im thinking of.

[renegadeimp]

In law, the bulk centre is a real court. They can also pass it to a real court so you can have your say, IF you reply to them. You simply binned the letters or returned them to sender, so it's not their fault. You have over a dozen outstanding tickets. There is no possible way on this earth you can say you never recieved documents for any of them.

[oz-uk]

no summons, no warrant of execution. .... its funny, they people at the bulk center also say the same as what you just stated. But without a court room and judge and all those lovely things, you cannot make a ruling. it takes your lawful right to represent yourself in court if you have never received a summons. Warrants of execution are served by judges after real cases in real court rooms, if we are letting computers make these decisions by sending default notices marked up from private corporations like NSL, how the hell are we to know what is what. i have handfuls of those things come thru the post, i often dont even open them. I did not receive any summons i didnt not receive a warrant from the court before removal. I did not receive anything from the council. As far as I am aware they need to do this to be able to remove property.

[oz-uk]

I know when i get my bank statements or something from the council and i know when i get letters from commercial debt collectors i have no business with. Why dont the council deal with these things? Where was my summons if they made decisions? Where was the signed warrant, dont tell me they dont need to sign it because they do. For a court to operate it needs a court room and some judges. not a computer and a judge on the board of directors. Maybe we need to look more into what is going on here. If you are working for consumer rights then we need to check to see if none of our common law rights are being waived without consent or taken away by deception. otherwise we are one day gonna have to apologize to our kids for leaving this **** to them to sort out

[green_and_mean]

You got in the region of 20 PCNs and did nothing about them and ignored all the letters why should anyone here be bothered to help when you couldn't even be bothered to help yourself? You had the opportunity to go to a hearing to contest the tickets but thought sticking your head in the sand was a far better option and have now learn't the expensive way its not. With 14 outstanding PCNs I'm sure you will be having plenty more visits from the baliffs so I wouldn't buy a new car just yet!

[oz-uk]

the reason i have those is the parking attendant was picking on me. anyway i said dont worry about it i dont want your help

[sailor sam]

Oz, there is a system in place which applies to every one. As someone has already pointed out, parking has been decriminalised so there is no actual need for a court hearing. The alternative would be that the courts would be swamped with thousands of petty parking cases everyday.

 

There is however an appeals route which you should of taken where you could (and should) of contested the tickets and had your say. If the council rejected your case(s), there is still a further appeal available via the independent parking adjudicator which is totally independent from the local authority. You would be invited to attend that particular stage of the process whereby you would be permitted to present your case.

 

If you choose to ignore the process, then i'm afraid you put yourself in exactly the position you are now in. Because you have not paid or appealed the tickets, the LA would of issued a further NTO (notice to owner) which details the consequences of not exercising your rights of appeal. After that stage, the LA applies for a charge order (warrant) from the Traffic Enforcement (bulk) Centre which authorises bailiffs to remove your property.

 

I'm sorry but you have had your opportunities to state your case to why you think the tickets were issued unlawfully.

 

This is the system that all us motorists have to abide by.

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

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[Jamberson]

This case touches on the legal basis of the system. As many will know, the system of penalties without court cases has been contested, I think as high as the House of Lords. People usually cite the ancient Bill of Rights. It always comes back legal because the appeals process serves the same function, and the powers that be say that is enough.

[green_and_mean]

The bulk system is also used for other civil claims such as credit card debts if you do not contest the claim they just issue a ccj by default there is no judge involved, about 1500 ccj are issued a day how many judges do you think there are?

[renegadeimp]

Hi again oz.

 

the reason i have those is the parking attendant was picking on me

 

I understand your point of view completely after re-reading this thread. However, sadly, that isn't reason enough in law to not pay 20 tickets. Maybe 1 or two sure, where you can make your appeal, but you've already stated here that you basically ignored multiple letters from them regarding the case and PCN's.