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#Post#: 84208--------------------------------------------------
Re: Baliff (newlyn) took my car months after i already paid the
debt, please help
DIR By: H C Andersen
Date: August 5, 2025, 7:01 am
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Thank you for clarifying that you paid the debt in full, and
that it was refunded due to an internal error or technical
failure in Newlyn’s payment system.
Sorry, but objectively we don't know this is correct.
OP, what does 'yes the transaction was reversed, i was told
because the had a hold on the account,' mean? Who is 'they'?
#Post#: 84215--------------------------------------------------
Re: Baliff (newlyn) took my car months after i already paid the
debt, please help
DIR By: stamfordman
Date: August 5, 2025, 7:22 am
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The maximum amount with all fees including the sale fee for the
most costly London PCN (TFL - £180) is £700.
It's possible there could be storage fees on top but you say
they've only just taken the car.
#Post#: 84287--------------------------------------------------
Re: Baliff (newlyn) took my car months after i already paid the
debt, please help
DIR By: freedom07
Date: August 5, 2025, 12:26 pm
---------------------------------------------------------
--- Quote from: abc link ---
>
> Thank you for clarifying that you paid the debt in full, and
that it was refunded due to an internal error or technical
failure in Newlyn’s payment system. That materially strengthens
your position. In law, the enforcement power under the warrant
ceased at the moment full payment was received. The fact that
Newlyn’s own system then reversed the transaction, without
informing you, does not revive the warrant or authorise a second
round of enforcement unless strict statutory procedures were
followed.
>
> Paragraph 6 of Schedule 12 to the Tribunals, Courts and
Enforcement Act 2007 provides that the power to take control of
goods is exercisable only while the sum outstanding remains
unpaid. Once full payment was received, the enforcement power
was spent. A subsequent internal refund does not automatically
reinstate the warrant. If Newlyn considered that the debt
remained unpaid due to a failed transaction, they were obliged
to recommence the process with a new notice of enforcement under
Regulation 7 of the Taking Control of Goods Regulations 2013,
giving you not less than seven clear days’ notice. The failure
to do so renders the seizure of your vehicle unlawful and
without jurisdiction.
>
> Moreover, you relied on Newlyn’s representation that the debt
was settled. They issued a receipt confirming a zero balance.
That representation gave rise to an estoppel by conduct. You
were entitled to believe the matter was closed. To seize your
vehicle many months later, without prior notice, based on an
internal reversal you were never informed of, is both
procedurally defective and substantively unlawful.
>
> Newlyn’s act of imposing fresh enforcement fees, without
issuing a new notice of enforcement, is a breach of the
statutory fee regime set out in the Taking Control of Goods
(Fees) Regulations 2014. Those regulations do not allow for
multiple compliance or enforcement stage fees to be charged
under a single warrant unless specific conditions are met. Where
enforcement has ceased, it cannot be revived without a new
compliance stage. The sudden reappearance of bailiffs at your
door, demanding double the original sum, without warning,
breaches your rights under civil enforcement law and supports a
claim for restitution, trespass, and conversion.
>
> You should now take the following action as a matter of
urgency:
>
> (a) prepare an urgent application to the County Court for an
interim injunction to restrain Newlyn from auctioning your
vehicle. The basis is that the enforcement was ultra vires and
without jurisdiction due to payment having been accepted and no
lawful revival of enforcement powers. The application should
include a draft order, a witness statement with exhibits (the
original receipt, bank payment, refund evidence if available,
and correspondence), and a skeleton argument referencing
paragraph 6 of Schedule 12 and Regulation 7.
>
> (b) write a formal letter before action to Newlyn and the
instructing council asserting that the seizure was unlawful and
demanding immediate return of your vehicle, cancellation of all
fees, and confirmation that no further enforcement will be
attempted. The letter should notify both parties of your
intention to claim for trespass to goods, conversion, and
restitution, with reliance on Southwark LBC v Woelke [2013] EWHC
3492 (QB), which confirms the council’s vicarious liability for
the bailiff’s acts.
>
> (c) if you are financially or practically compelled to pay the
£1,000 to recover your vehicle, you must make that payment
expressly under protest, accompanied by a written reservation of
your legal rights. This preserves your ability to recover the
money through the courts as a payment made under compulsion and
without lawful basis. The Court of Appeal in Burton v Ministry
of Justice [2024] EWCA Civ 681 affirms that enforcement agents
who act without lawful authority are liable for any sums
collected outside their statutory powers.
>
> You are well placed to challenge this seizure as unlawful. The
debt was paid. The refund occurred through no fault of yours. No
lawful notice was issued. Your vehicle was taken without
authority and you have been exposed to excessive, improper fees.
The law offers clear remedies in this situation and the courts
will not support the abuse of process by agents seeking to
revive expired warrants through technical error.
>
--- End Quote ---
thank you very much, i will attempt this
i only have a few days left before it's auctioned will the
county court act in time? do you have a link or contact number?
the car was taken in barnet london
#Post#: 84289--------------------------------------------------
Re: Baliff (newlyn) took my car months after i already paid the
debt, please help
DIR By: freedom07
Date: August 5, 2025, 12:34 pm
---------------------------------------------------------
--- Quote from: H C Andersen link ---
>
> Thank you for clarifying that you paid the debt in full, and
that it was refunded due to an internal error or technical
failure in Newlyn’s payment system.
>
> Sorry, but objectively we don't know this is correct.
>
> OP, what does 'yes the transaction was reversed, i was told
because the had a hold on the account,' mean? Who is 'they'?
>
--- End Quote ---
they clamped my vehicle in feburary
then i paid it in February in full
a few days later the payment was reversed because (as the agent
told me) the case was on hold (i think he mentioned the council
had it on hold) but i didnt know this until this month
so maybe they shouldnt have even clamped my vehicle in the first
place
so now thats potentially a clamping that shouldnt have happened
and i paid it anyway then months later, taking my vehicle that
shouldnt have happened and asking me to pay more fees because
they took it again and fees going up per day
#Post#: 84290--------------------------------------------------
Re: Baliff (newlyn) took my car months after i already paid the
debt, please help
DIR By: freedom07
Date: August 5, 2025, 12:34 pm
---------------------------------------------------------
--- Quote from: stamfordman link ---
>
> The maximum amount with all fees including the sale fee for
the most costly London PCN (TFL - £180) is £700.
>
> It's possible there could be storage fees on top but you say
they've only just taken the car.
>
--- End Quote ---
yes theres about a week of storage fees
#Post#: 84291--------------------------------------------------
Re: Baliff (newlyn) took my car months after i already paid the
debt, please help
DIR By: freedom07
Date: August 5, 2025, 12:36 pm
---------------------------------------------------------
I would like to contest to original PCN which i am doing a
PE2/PE3 form
because i got the pcn whilst rushing to the hosptial
if im successful in contesting this but it was after i paid the
baliffs to get my car back, do i get a full refund?
i dont know if i have a case
even if i dont have a case
how can i argue it to be the £500 i originally paid because i
did pay it and now i feel like i shouldnt need to pay these
extra fees that came after it
#Post#: 84309--------------------------------------------------
Re: Baliff (newlyn) took my car months after i already paid the
debt, please help
DIR By: disgruntchelt
Date: August 5, 2025, 2:58 pm
---------------------------------------------------------
Do you have a bank statement or credit card statement with the
money going out then coming back in?
#Post#: 84321--------------------------------------------------
Re: Baliff (newlyn) took my car months after i already paid the
debt, please help
DIR By: H C Andersen
Date: August 5, 2025, 4:06 pm
---------------------------------------------------------
OP, in your first post you said:
last year I drove into a street that needed a permit in London
and got a fine. I was away for months and came back with a
baliffs order.
Now you're claiming: I would like to contest to original PCN
which i am doing a PE2/PE3 form because i got the pcn whilst
rushing to the hosptial.
Your accounts are at variance.
In any event, once your submission is registered bailiff
enforcement must cease. It can resume when TEC's decision is
issued.
Once you've submitted your out of time application it cannot be
amended. It seems you've done this without input from
BailiffAdviceOnline.
Good luck.
#Post#: 84325--------------------------------------------------
Re: Baliff (newlyn) took my car months after i already paid the
debt, please help
DIR By: Bailiff Advice
Date: August 5, 2025, 4:21 pm
---------------------------------------------------------
--- Quote from: freedom07 link ---
>
> Hi everyone, the balliffs (Newlyn) took my car AFTER I had
paid for the debt months ago
>
> Last year I drove into a street that needed a permit in London
and got a fine. I was away for months and came back with a
baliffs order. I paid the fine in Full in February 2025 and have
receipts from newlyn saying the outstanding balance is 0
>
> And says it will auction my car in less than a week
--- End Quote ---
Before considering what steps you can make to get your car back,
you need to make sure that you have all the facts to hand.
When the contravention occurred, was a ticket placed on your car
or was your vehicle detected by CCTV and a Penalty Charge
Notice issued by post?
When you returned back home, you mention that you had received a
'bailiffs order'. What do you mean by this?
When making payment, can you confirm that you made payment to
Newlyn and not to the local authority.
A Notice of Enforcement would have been issued by Newlyn. What
date was it issued and what was the date that payment had to be
made by?
What date did you make payment?
How was the payment made?
How much did you pay?
Was the recipe provided to you online?
#Post#: 84328--------------------------------------------------
Re: Baliff (newlyn) took my car months after i already paid the
debt, please help
DIR By: Bailiff Advice
Date: August 5, 2025, 4:39 pm
---------------------------------------------------------
--- Quote from: freedom07 link ---
>
> I would like to contest to original PCN which I am doing a
PE2/PE3 form
> because i got the pcn whilst rushing to the hospital.
>
> If I'm successful in contesting this but it was after i paid
the baliffs to get my car back, do i get a full refund?
--- End Quote ---
Submitting an Out of Time Application needs careful wording. In
your initial post, you mention being away for months and to
confuse matters, you also mention that you got the PCN whilst
rushing to the hospital. Can you clarify the position. If you
had been away for months, would you be able to provide any
evidence with your application to back this up?
Currently, Out of Time Witness Statements are taking approx 4
working days to be processed which means that, if submitted
tomorrow by email, bailiff enforcement would not be placed ' on
hold' until next Monday (possibly Tuesday).
Have you received official notification from Newlyn advising of
the date that your vehicle is due to be sold? If so, what date
has been provided?
In cases where an Out of Time Witness Statement is accepted, it
is the case that you should receive a full refund of any monies
paid.
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