DIR Return Create A Forum - Home
---------------------------------------------------------
FreeTrafficLegalAdvice
HTML https://ftla.createaforum.com
---------------------------------------------------------
*****************************************************
DIR Return to: Civil penalty charge notices (Councils, TFL and so ...
*****************************************************
#Post#: 84700--------------------------------------------------
Re: Baliff (newlyn) took my car months after i already paid the
debt, please help
DIR By: Bailiff Advice
Date: August 8, 2025, 4:19 am
---------------------------------------------------------
--- Quote from: H C Andersen link ---
>
> So the matter has been brought under control.
--- End Quote ---
I would disagree,
Why on earth has he not either filed an Out of Time Application
(at no cost) or even made a Formal Complaint to Newlyn (also
free).
#Post#: 84726--------------------------------------------------
Re: Baliff (newlyn) took my car months after i already paid the
debt, please help
DIR By: 404BrainNotFound
Date: August 8, 2025, 5:37 am
---------------------------------------------------------
I should make clear that the original traffic contravention is
not in dispute. Freedom paid the debt in full, which discharged
both the warrant and the enforcement power, as evidenced by the
flow of funds to Newlyn. I appreciate that HC Andersen means
well, but the traffic penalty is now academic.
My username changed because someone altered the password on my
original account, which forced me to create a new one. It may
well have been a forum software error.
Filing an out-of-time application is inappropriate in this
instance because the warrant has already been discharged. While
I acknowledge that paragraph 8.1 of Practice Direction 75
provides for the suspension of a warrant, in this case the
warrant was discharged pursuant to paragraph 6(3) of Schedule 12
to the Tribunals, Courts and Enforcement Act 2007.
Submitting a formal complaint to a private company such as
Newlyn is misconceived, as the prescribed formal complaints
procedure applies only to public authorities. Newlyn is a
private entity, and its directors have no statutory powers.
The correct course of action is to submit a free request to
Newlyn under CPR 31.17 for disclosure of the following:
(a) the warrant, showing its issue date
(b) evidence of the receipt and flow of funds that discharged
the warrant, together with any evidence of the subsequent
refund.
(c) proof that the enforcement agent paid any storage fees,
identifying the recipient of the payment and the reason it was
incurred, compliant with regulation 8(2) of the Taking Control
of Goods (Fees) Regulations 2014
(d) the enforcement agent's vehicle condition report
(e) the enforcement agent's body-worn camera footage
This material will allow for a proper assessment and
quantification of any damage to the vehicle in support of a
claim against Barnet.
Once the evidence is received from Newlyn, it will be reviewed
alongside the client's own evidence and the present condition of
the vehicle as observed at the pound. Barnet will then be given
the opportunity to inspect the vehicle prior to any repairs
being undertaken and will subsequently be invited to settle the
claim in accordance with the Pre-Action Conduct and Protocol.
#Post#: 84741--------------------------------------------------
Re: Baliff (newlyn) took my car months after i already paid the
debt, please help
DIR By: H C Andersen
Date: August 8, 2025, 6:22 am
---------------------------------------------------------
I appreciate that HC Andersen means well, but the traffic
penalty is now academic.
Not really. The penalty reveals the legislation which reveals
whether an OOT - a course which courses its way through this
thread - is applicable.
Which addresses BAO's concern because an OOT is not a silver
bullet, it sits within road traffic contravention procedure and
if it's not an available route, then it isn't.
If this procedure is abandoned - perhaps because some posters
are privvy to information as yet unrevealed by the OP - then
this should be explained to the OP who, after all, is owner of
the thread.
#Post#: 84748--------------------------------------------------
Re: Baliff (newlyn) took my car months after i already paid the
debt, please help
DIR By: 404BrainNotFound
Date: August 8, 2025, 6:47 am
---------------------------------------------------------
I understand where you are coming from in trying to resolve a
traffic contravention, but Freedom was clear from the outset
that neither the contravention nor the associated debt is in
dispute.
Submitting an out-of-time application using forms PE2 and PE3
would not succeed, as form PE3 specifically asks whether the
motorist failed to receive key statutory notices or a response
after making timely representations or an appeal. Since Freedom
does not dispute the contravention, PE3 is not the appropriate
form. Form PE2, which asks why the application is being made out
of time, is also unsuitable, as Freedom already paid the debt
directly to Newlyn and evidenced the flow of money.
#Post#: 84752--------------------------------------------------
Re: Baliff (newlyn) took my car months after i already paid the
debt, please help
DIR By: Bailiff Advice
Date: August 8, 2025, 7:09 am
---------------------------------------------------------
--- Quote from: 404BrainNotFound link ---
>
>
> Submitting an out-of-time application using forms PE2 and PE3
would not succeed, as form PE3 specifically asks whether the
motorist failed to receive key statutory notices or a response
after making timely representations or an appeal. Since Freedom
does not dispute the contravention, PE3 is not the appropriate
form.
>
--- End Quote ---
To be clear, this is what I posted 3 days ago when suggesting an
Out of Time Application.
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?
#Post#: 84762--------------------------------------------------
Re: Baliff (newlyn) took my car months after i already paid the
debt, please help
DIR By: 404BrainNotFound
Date: August 8, 2025, 7:32 am
---------------------------------------------------------
You should review form PE3 carefully, as it contains a sworn
declaration that must be true. Until the warrant address is
confirmed, Freedom cannot safely declare whether the Notice to
Owner was received, and any premature statement could expose him
to an allegation of perjury.
#Post#: 84763--------------------------------------------------
Re: Baliff (newlyn) took my car months after i already paid the
debt, please help
DIR By: H C Andersen
Date: August 8, 2025, 7:38 am
---------------------------------------------------------
OP, are you still with us?
*****************************************************
Page 5 of 5
DIR Previous Page