Newlyn letter - Help needed Please reply

[decentguy_uk]

Hi Guys

 

I have just received a letter today demanding £589 for unpaid parking charges to Harrow council.

 

This is the first time ever I am made aware that there is an outstanding parking change on me since 2009.

 

Letter suggests a copy of some warrant from Northampton court and threatens to clamp my car or peronal property if I dont pay. I am generally good with finance and such letter is threatning in all sense.

 

Only thing I could think of is that I have moved houses in June 2009 and may be harrow council sent letter to my old address. Even though DVLA has my new address since Sep 2009

 

What should I do ??

Go to Harrow council and tell them to revoke this debt collection as I have never received actual penalty charge notice before

 

Contact court and tell them that I never received actual warrant or any letter before ?

 

Contact newlyn and ask them about what the f***k all this is about ?

 

Please let me know if any of above options are valid or should I take another route

 

Help is much appreciated

[Tingy]

Don't contact Newlyn's. Most councils have now decriminalised parking offences so they now have no power to force entry into your house. I would approach the council in the first instance taking the line you're sure it's a genuine mistake, BUT...... find out where they wrote to? Where you committed the alleged offence? etc.... If you get no joy there, go to the court (Northampton is a bulk processing centre). Do not go to Newlyn's - ignore them for the moment at least.

[hallowitch]

http://www.consumeractiongroup.co.uk/forum/showthread.php?252408

 

Have a read of this thread pay particular attention to post 8 by tomtubby this explains what you have to do

[fork-it]

Thats good advice,

 

Also start the complaints procedure with Harrow Council on two points a) explain their failure tom comply with regulations by not sending an NTO b) explain the £589 charges.

 

If you get fobbed off with "contact the bailiffs" then speak to the Local Government Ombudsman and make an application for compensation. Your local councillor might also be a good place to start.

[tomtubby]

Hi Guys

 

I have just received a letter today demanding £589 for unpaid parking charges to Harrow council.

 

This is the first time ever I am made aware that there is an outstanding parking change on me since 2009.

 

Letter suggests a copy of some warrant from Northampton court and threatens to clamp my car or peronal property if I dont pay. I am generally good with finance and such letter is threatning in all sense.

 

Only thing I could think of is that I have moved houses in June 2009 and may be harrow council sent letter to my old address. Even though DVLA has my new address since Sep 2009

 

What should I do ??

Go to Harrow council and tell them to revoke this debt collection as I have never received actual penalty charge notice before

 

Contact court and tell them that I never received actual warrant or any letter before ?

 

Contact newlyn and ask them about what the f***k all this is about ?

 

Please let me know if any of above options are valid or should I take another route

 

Help is much appreciated

 

Contact the Traffic Enforcement Centre right way on 08457 045 007. Wait on the line to speak with somebody (prompt number 6) and advise them that you have received notification from Newlyn that they are attempting to enforce a London Borough of Harrow Warrant against you that relates to a previous address and that you advised DVLA a few weeks after moving of your new address.

 

You need to also state that you have been advised that if a new address has been located by a bailiff that they must refer the warrant back to the local authority because, if the address on the Warrant is a previous address that would not have received any previous notices.

 

I have sent you a PM.

[decentguy_uk]

Hallowitch,

Thanks for link.

 

Here is what I have done today. Called Traffic Enforcement Centre and explained them entire issue especially the fact that I never received original penalty charge notice. He suggested to fill out TE7 and TE9 form (forms are basically to get baillif process paused) and send them asap.

Went to hmcourtsservices website and under Forms and Guidance downloaded both forms.

 

Filled up both forms and sent to TEC address in Northampton. Obviously registered post.

 

TEC mentioned that if someone from newlyn knocks my door, tell them that court paperwork is in progress so that they cant use any force.

 

Thanks fork-it

Now in process of typing complaint letter to Harrow council.

 

My concern is that threatning letter from newlyn has woried up my wife so much that she has vowed not to open the door if someone knocks. Its a psycological thing that I am more ****ed off with...anyway...thanks everyone..will keep you all updated

Edited January 21, 2011 by decentguy_uk

[tomtubby]

Hallowitch,

Thanks for link.

 

Here is what I have done today. Called Traffic Enforcement Centre and explained them entire issue especially the fact that I never received original penalty charge notice. He suggested to fill out TE7 and TE9 form (forms are basically to get baillif process paused) and send them asap.

Went to hmcourtsservices website and under Forms and Guidance downloaded both forms.

 

Filled up both forms and sent to TEC address in Northampton. Obviously registered post.

 

TEC mentioned that if someone from newlyn knocks my door, tell them that court paperwork is in progress so that they cant use any force.

 

Thanks fork-it

Now in process of typing complaint letter to Harrow council.

 

My concern is that threatning letter from newlyn has woried up my wife so much that she has vowed not to open the door if someone knocks. Its a psycological thing that I am more ****ed off with...anyway...thanks everyone..will keep you all updated

 

When filing in the Out of Time you needed to ensure that you provided a REASON for why you were completing the form LATE. Hopefully, you have done this.

[decentguy_uk]

Thanks tomtubby. I made mistake of sending forms separately. HMRC Court requested form to be sent together which I have done so.

 

Fingers crossed. Waiting anxiously for some sort of reply from HMRC Court. Hope to pay fine soon so that I can get rid of Newlyn Debt collector

[tomtubby]

Thanks tomtubby. I made mistake of sending forms separately. HMRC Court requested form to be sent together which I have done so.

 

Fingers crossed. Waiting anxiously for some sort of reply from HMRC Court. Hope to pay fine soon so that I can get rid of Newlyn Debt collector

 

Harrow Council have 19 business days to accept or reject your application. That is ONE MONTH.

 

Please do post back once you hear anything.

[dbcc33]

Almost exactly the same thing happened to me -except the first i knew was when i had my car clamped and I was aked to pay £1000! I have just had my te7 and te9 accepted by the TEC -but by default as harrow were too slow to respond. I hponed up every day near the deadline though to make surei found out straight away-i suggest u do the same as otherwise the TEC can take up to 2 weeks after the 19 days just to "process". i guess in some ways your matter is not as urgent as ur car is not clamped but you prob still want to find out the outcome sooner rather than later because if they reject then they can resume bailiff action unless you take it to court.

[tomtubby]

Almost exactly the same thing happened to me -except the first i knew was when i had my car clamped and I was aked to pay £1000! I have just had my te7 and te9 accepted by the TEC -but by default as harrow were too slow to respond. I hponed up every day near the deadline though to make surei found out straight away-i suggest u do the same as otherwise the TEC can take up to 2 weeks after the 19 days just to "process". i guess in some ways your matter is not as urgent as ur car is not clamped but you prob still want to find out the outcome sooner rather than later because if they reject then they can resume bailiff action unless you take it to court.

 

You need to be VERY careful at the moment as EITHER party have 14 days in which to contest the decision. Only a few days ago I had an enquiry where a Revoking Order was made but the LA then appealed on the basis that "apparently" they had submitted their response WITHIN the 19 days and TEC agreed that an error had been made and CANCELLED the Revoking Order.

 

Always remember, that when a Warrant has been revoked, the person making the application is entitled to make a claim for "restitution". This is because,by being revoked it means that ANYTHING done under the warrant is then deemed NULL AND VOID....

[dbcc33]

phoned up TEC today (1 week after warrant revoked) and no evidence of any appeal by Harrow--seems they have goene quiet!

decentguy--any update on yours?

[decentguy_uk]

Hey guys...almost a month now (after filing TE7 and TE9 forms) and havent received anything from court or Harrow Council or Debt agency or TEC. What should I do and who do I chase to reply.

[decentguy_uk]

Hi dbc33, are you suggesting that I should call Harrow Council for an update? Whats the best number for this ?

[dbcc33]

Hi Decent guy --

 

Doubt you;d get any sense out of Harrow-I certainly didnt -all they kept telling me was to phone the courts.

 

The best thing you can do is phone up the TEC (the place where you files the TE7 andTE9 forms) and ask them for an update on your case-you will need your PCN number to hand.

 

Then they will probably tell you they havent yet heard anything from Harrow as to whether or not they have accepted/rejected your OOT stat dec, in which case ask them how far they are through their backlog (should be onyl a few days) so that at least you have peace of mind as to whether Harrow have missed their 19 day deadline to get back to you.......in which case the warrant will be revoked by default---this was what ahppened to me anyway...........and Harrow have since reissued the orginal PCN.

As soon as the TEC process the warrant revocation they will let Harrow know by email.....and then send you the copy by post---so it may well be that harrow already know something that you dont...but if I were you I would get in direct from the TEC.

Only once you know your warrant is revoked do i suggest you contact the bailiffs to make sure theyr ectify any previosu enforcement.

Obviously in the unfortunate circumstane that harrow haev rejected your stat dec, then you will need to file an N244 and pay £75 to take it to court (if u decide to pursue it)..........so be ready for this just in case--i was lucky enough not to have to do this and hopefully u are too as it sounds as if harrow may have been too slow......

[dbcc33]

Sorry for the essay-Summary: Phone the TEC to check status of your stat dec.....number 0845 7045007

[decentguy_uk]

Thanks dbcc33. Just spoke to TEC and they confirmed that revoking order has been issued and I should have it in next couple of week. I breathe sigh of relief as this means goodbye to TEC and baillifs.

 

However, still not happy with lack of communication from Harrow Council. But having said that I am so glad that this saga (for me at least) is coming to an end. Only if Harrow would have taken some pain to send penalty charge to correct address (like bailif did) then this process would have been lot simpler

 

Thanks again all...This site was certainely very useful for mapping my steps to resolve this dispute.

[hallowitch]

nice to see it worked out for you

[dbcc33]

no problem! glad it worked out for you too!

if you havent already dont forget to sign this petition--we're attempoting to make sure that we will no longer take this disgusting behaviour lying down....!

 

http://www.petitiononline.com/dbcc33/petition.html

 

p.s. harrow council are completely inept at responding to anything and cant ever spell a name or address right so wouldnt suprise me if letters went to wrong address!