Newlyn Text ref PCN - threaten to break in

[Amethyst]

Jayde @jaydejayde1987 56m

[MENTION=14041]legalbeagles[/MENTION] @Real_CAG can #newlynplc treat me like this?They refuse repayment offers for #PCN can they break in?! pic.twitter.com/MrF5q9w5o0

Can anyone help Jayde on Twitter? I'll ask her to post in here

[Kati]

Re: Newlyn Text ref PCN - threaten to break in

I'm not 100% sure, but doesn't he need a warrant of execution from the courts in order to force entry?? If Jayde is offering to set up a payment plan, they should be willing to accept :tinysmile_hmm_t2:

Have they phoned up the courts to query this (and to complain about the threats / non acceptance of payment plan)??

[Freshhitz]

Re: Newlyn Text ref PCN - threaten to break in

Hello, this was my tweet that was reposted to here ( thank you for doing this for me)

Basically, I received a parking ticket from the council in early 2013. I did not have the means to pay and the next think I know I received a letter from Newlyn saying I owe £440.

I take full responsibility for the fine so made a £30 payment over the phone and offered to pay £30 a week . This was rejected and they said they wanted £100 a week, withe 3 children under 7 this was impossible. I have sent emails asking them to consider the repayment and I'm told a point blank no. I have also paid a total of £70 online as I found a loop hole, while they would not accept my money over the phone I could still pay money online although this doesn't work anymore so maybe they got wise.

The text messages ( like one above) are being sent at least once a week. To me if they are saying "we will remove goods even in your absence" implies they can break into my home! (My car has been moved to a garage) I also get messages along the lines of "are you home? Were are coming to remove goods"

Right now I am saving up my £30 a week to repay them in a lump as that's all they seem to want.

I just can't take the threats and have no idea who to complain to or where to get help because surely they can not keep threatening me like this?! Especially since I have offered repayments.

thank you for your time

[Freshhitz]

Re: Newlyn Text ref PCN - threaten to break in

Also it's 15.53 now and no one has come...another threat...

[Kati]

Re: Newlyn Text ref PCN - threaten to break in

hi Freshhitz

I can understand how frustrating and scary this will seem, but don't worry!! I know there are knowledgeable people on here who will be able to help :tinysmile_grin_t:

In the meantime, have a read through the info found in these links:

http://www.legalbeagles.info/forums/...Bailiff-Issues

http://www.legalbeagles.info/forums/...rking-Offences

From what I can understand, they would be breaking the law if they attempted to force entry (if I'm wrong, one of the other Beagles will let me know :tinysmile_twink_t2

Don't call them, or answer their calls (or allow them entry into your home)

DO NOT throw away any correspondence, especially threat-o-gram cards and letters from Newlyns, as these are evidence of Harassment and offences of Sending Correspondence Containing Threats under the Malicious Communications Act 1988. If they have made any threatening phone calls, save them if you have recorded them. If you have received any threatening emails, these are evidence of offences under Section 127, Communications Act 2003.

[Kati]

Re: Newlyn Text ref PCN - threaten to break in

Also it's 15.53 now and no one has come...another threat...

seems to me they are trying to intimidate you ...

[Kati]

Re: Newlyn Text ref PCN - threaten to break in

Is there any chance you could post up any letters from Newlyns you've had (with personal info blanked out)??
Have you checked that the guy contacting you is registered ( http://certificatedbailiffs.justice....icatedBailiffs ) ??
Have you thought about making a formal complaint??

also - some more 'light reading' :tinysmile_twink_t2:

Kati x

[Guest]

Re: Newlyn Text ref PCN - threaten to break in

Remember a bailiff may remove goods from outside the property-The txt does not mention anything about entering the property.

If there was anything of value outside the property, Newlyns could technically remove this even in the debtors absence. Highly unlikely that they would without first giving the debtor an opportunity to pay.

[Kati]

Re: Newlyn Text ref PCN - threaten to break in

Remember a bailiff may remove goods from outside the property-The txt does not mention anything about entering the property.

If there was anything of value outside the property, Newlyns could technically remove this even in the debtors absence. Highly unlikely that they would without first giving the debtor an opportunity to pay.

but ... they're not doing that!!!

I take full responsibility for the fine so made a £30 payment over the phone and offered to pay £30 a week . This was rejected and they said they wanted £100 a week, withe 3 children under 7 this was impossible. I have sent emails asking them to consider the repayment and I'm told a point blank no.

[Guest]

Re: Newlyn Text ref PCN - threaten to break in

Not doing what?

They've done nothing wrong in the txt & have not removed any goods. Not sure what they're not doing?

[Kati]

Re: Newlyn Text ref PCN - threaten to break in

Not doing what?

they're not giving her a chance to pay ... they've refused her offer!!

[Guest]

Re: Newlyn Text ref PCN - threaten to break in

The point being that they would not remove in a debtors absence without first giving the debtor the opportunity to pay.

[Kati]

Re: Newlyn Text ref PCN - threaten to break in

The point being that they would not remove in a debtors absence without first giving the debtor the opportunity to pay.

from what the OP is saying, they haven't given her a chance :tinysmile_cry_t:

[ploddertom]

Re: Newlyn Text ref PCN - threaten to break in

they're not giving her a chance to pay ... they've refused her offer!!

I'm not sticking up for them but in reality they have done nothing wrong. If you put yourself in their shoes they have a sum of money they have been tasked to collect. The OP has for whatever reason received a PCN that has since gone unpaid, the Council will also have sent quite a few reminders and at each stage the debt will have increased, it appears that at no time has any contact been made with the Council. Now that Enforcement Agents (Bailiffs) have become involved the debtor now wants to pay but at a very low level of payment that may take a while to pay. The chances are that in this time there may well be missed payments which means the debt will take longer to pay. Please note I am not trying to criticise the OP for the actions taken as we see this a lot and it comes as an awful shock to having to try and find an impossible sum.

As long as access to the home is prevented or any goods of value that may be outside are put safely away then there is not a lot our intrepid EA can do. Of course on the PCN is the reg no of the vehicle that the offence was committed in and it is this that may be at risk of being seized, any vehicle that is owned should be kept well out of the way or securely locked away.

[Kati]

Re: Newlyn Text ref PCN - threaten to break in

If you put yourself in their shoes they have a sum of money they have been tasked to collect. The OP has for whatever reason received a PCN that has since gone unpaid, the Council will also have sent quite a few reminders and at each stage the debt will have increased, it appears that at no time has any contact been made with the Council.

I'm not arguing this, I'm saying she's offered payment (and actually paid some) and they are refusing .... the least they could do is ask for an AoE before starting with the threats