Equita - Settle or continue the fight??

**fighting_equita** · 10th March 2010 15:08

Hello,

I have been in communication with equita icon

for well over a year now regarding a number of Congestion Charges and parking ticket icon

fines i paid to them. I sent a number of SAR icon

's to them and by looking at their breakdown of charges and 'The Enforcement of Road Traffic Debts' I felt i had been grossly overcharged on a number of different occassions, particularly in respect to 'Attendance and Removal fees that did not appear to be justified and which they refused to justify.

After many letters to both equita icon

and TFL asking that equita icon

either justify their charges and prove they are lawful, or refund me the amount I think i was overcharged by, i recently received a letter from Equita offering me an out of court settlement for 50% of the amount i was asking for. In the letter they make it clear that they are not accepting responsibility and still do not believe i have been overcharged.

I am obviously pleased with this result but i cant help thinking that by settling for 50% they still get to keep a lot of money that they may have fraudulently taken from me. Ultimately I feel that if they are unable to, and refuse to justify the charges why should they not give me the entire amount back. (By 'entire amount', i mean the entire amount of what i felt i had been overcharged by, not the entire amount of charges i paid to Equita).

Do i take their offer and be happy that i managed to get something back or do i take them to court for the full amount? Does anyone have any experience of how much this could cost/what my chances of winning are? Whilst I really don't want to give up I really cant afford to lose the money they are offering me, and I certainly cant afford to to pay costs should I lose.

Sorry for the long post....your advice is much appreciated.....really don't know what to do.

**impecunious** · 10th March 2010 15:12

I'd suggest you post your charges here - with a little more information I'm sure lots of people will be able to offer you good advice.

I'd be tempted to take them to the small claims court if you have a case!! Take no prisoners!

Impecunious!

**fluffy_bunny** · 10th March 2010 16:07

What have TfL said?

**fighting_equita** · 10th March 2010 16:31

TFL's reply to my letter stated that they had asked equita icon

to review my cases and that equita icon

would be in touch with me. The last line of their letter said that they hoped equita icon

's response would be a satisfactory conclusion to the matter.

Equita then sent their letter offering the 50%.

**ploddertom** · 10th March 2010 17:07

Did they at any time charge you multiple fees for collecting on more than 1 ticket at a time? As impecunious says it may be better to put some of them up for perusal.

PT

**fighting_equita** · 10th March 2010 17:30

Yes they did, on two seperate occassions i was charged for the same visit. My main issue with their charging though was the 'attendance and removal' fees i was charged. At no point were any goods removed and I never signed anything.

There are actually a number of different pcn icon

's where i felt i was overcharged so i wont put details of them all on here, but include one below:

- DVLA report (Fee:£2.94)

- First notice sent to defendant requesting they contact us.( Fee: £13.16)
- Case issued to bailiff icon

to visit.
- Case issued to bailiff icon

to visit.( Fee £55.2l)
- Case issued to bailifff for the first
- Case issued to bailiff icon

to visit.

- payment of £490.71 received (Attendance/Removal fee £264.40)

**ploddertom** · 10th March 2010 17:42

On the example you have posted I believe they are not allowed to charge for the DVLA - but stand to be corrected if wrong. Also at what stage did you pay.

PT

**ploddertom** · 10th March 2010 17:44

I asked originally about the multiple fees as they are not allowed to do this. Even if they have 100 tickets in one visit they all have to be lumped together as far as fees go ie 1 set of fees only.

PT

**hallowitch** · 10th March 2010 17:51

(Attendance/Removal fee £264.40)
and they cant charge this either

they can only charge this if they have a levy icon

and you have failed to keep up payment on an agreement

**fighting_equita** · 10th March 2010 17:57

On this example it took four months to pay - others took longer, some i paid quicker. Would i be right in thinking though that they cant add costs for length of time, only when they actually visit or send a letter....?

**hallowitch** · 10th March 2010 18:00

for parking tickets they can charge 1 letter fee and 3 visit fees

If they have a levy icon

im not sure about the levy icon

fee i think its 28% of the debt

**ploddertom** · 10th March 2010 18:06

Originally Posted by hallowitch

(Attendance/Removal fee £264.40)
and they cant charge this either

they can only charge this if they have a levy icon

and you have failed to keep up payment on an agreement

Is this not the infamous charges that HMCS have allowed £225 +VAT?

PT

**fluffy_bunny** · 10th March 2010 18:13

no that is only for magistrates fines

**hallowitch** · 10th March 2010 18:22

Originally Posted by ploddertom

Is this not the infamous charges that HMCS have allowed £225 +VAT?

PT

i don't know if it applies to HMCS

as far as i understand a walking possession agreement is just that an agreement with the debtor and the bailiff icon

to make payment either in full or by instalments (at the time of the agreement) if the agreement is not kept then the bailiff icon

can charge a van/attendance to remove fee

i wouldn't mind tomtubbys thoughts on this or anyone else for that matter

**ploddertom** · 10th March 2010 21:00

Originally Posted by fluffy_bunny

no that is only for magistrates fines

Thanks for putting me right on this.

PT

**ploddertom** · 10th March 2010 21:01

Originally Posted by fighting_equita

- DVLA report (Fee:£2.94)

- First notice sent to defendant requesting they contact us.( Fee: £13.16)
- Case issued to bailiff icon

to visit.
- Case issued to bailiff icon

to visit.( Fee £55.2l)
- Case issued to bailifff for the first
- Case issued to bailiff icon

to visit.

- payment of £490.71 received (Attendance/Removal fee £264.40)

Don't know if it is me but I can't get this to add up - I have a difference of £155?

PT

**fighting_equita** · 10th March 2010 21:04

Sorry, the £155 difference is the original pcn icon

fine.......which i didn't include in that Breakdown icon

.

**ploddertom** · 10th March 2010 21:48

Originally Posted by fighting_equita

Sorry, the £155 difference is the original pcn icon

fine.......which i didn't include in that Breakdown icon

.

That makes life a lot clearer.

According to my calculations and working on the sums given to you I get a different set of results.
Initial Fine - £155
DVLA Fee - £2-50
Letter Fee - £11-20
Sub Total - £168-70
levy icon

Fee @ 28% - £47-24
VAT on Charges @ 17.5% prior to 1/12/08 or after 1/1/10 - £10-66
Sub Total to Date - £226.60
ATR Fee - £225.02
VAT -£39-38

Total to Pay = £491

OK it is only coppers difference but it shows them using a different set of calculations. If this arose between the dates worked on the VAT then they could only charge that at 15% + they cannot charge you VAT on the original Fine.

Think you have a lot of working out to do. It may pay to ask them how they work it out given you get a different sum + ask them to justify their ATR fee as reasonable.

PT

**fighting_equita** · 11th March 2010 19:17

Thanks ploddertom.....gives me something to think about. With regards to asking them how they work things out and justifying their ATR fee, that is pretty much what I have been asking for the past year to no avail.....

**ploddertom** · 11th March 2010 21:13

Originally Posted by fighting_equita

Thanks ploddertom.....gives me something to think about. With regards to asking them how they work things out and justifying their ATR fee, that is pretty much what I have been asking for the past year to no avail.....

If they can not show how the ATR fee is reasonable then you should demand its removal in each instance.

PT

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