Thread: Equita - Auction removal car and home goods - not even living at home!!! unique case

Hi, apologies if this has been answered previously in various forms already although I simply haven't the time to read through the entire forum trying to find a case that is as unique as my own. Pluds the auction notice is from tomorrow onwards and it's late already now

Moving on - I have received an auction notice that will take place this weekend at my home in Leeds. It is for a parking ticket from 2005 autumn time. I sold the car months ago so they havent been able to take that, they have said that they will do an automatic number plate search in my area although i am keeping my car at work and they cannot take that, it's locked up.

The twist is this, we have not been living at home since a building company damaged our home, we have been living in the Marriott hotel Leeds since March 17th 2007 and only returned on the 17th May 2007. therefore we have missed lots of post and only picked up post once a month.

Therefore we received Equitas letters on various randomn occasions and one occasion received approx 8 letters from them all in one go relating to four different parking tickets?! bizarre that they should send all there letters on one day, surely they are trying to bump up there admin charges.

anyway seen as we havent been in our home and CAN prove this and have only picked up mail on very few occasions then surely we have some form of protest.
The reason i say this is that we wrote to them and asked for a breakdown of the tickets and also told them on two occasions that we are not at home and living away for now with no sigfht of moving bacl soon - that proved to be true as 2 months is a long time!!! We also sent a goodwill payment via crossed postal order to Equita for £108. 2 weeks later they sent me the PO back - obviously uncashed - and sent me a total charge per ticket with the bailiff ref number correspondiong to the ticket charge/s.

I still have the po that they returned with their compliments slip and am dumb struck that they would not accept my payment. They offered no explanation as to why they didnt take it, the name is EQUITA on the po and no spelling mistake is present???

Another twist is that I cannot remember seing notice to owner or any docs relating to these tickets, another point is that they are from 2005 and why do Equita take or the council take so long to transfer or chase this case. especially when they say they have written to me on many occasions, yet I have only received one letter demanding approx £370 and another three demandsing approx £150 each.

I take it i can write to them and demand - via the data protection act and £10 goodwill admin fee payment - that they prove all visits and times and warrant doc and baiuliffs names etc etc etc. i will do this. Or am I best proving that we havent been living here and we have just had a new born baby and been forced to live in a hotel for the last 3 months whilst being falsely harrased. I am not doubting the tickets may have been issued way back in 2005 but I cant remember the notice to owner or any docs from the council relating to the parking tickets.

Do i write and ask for all charges and when i recieve a full breakdown per ticket only send payment monthyl to the council via reg post and not equita or do I fill out the statutory declaration forms and declare i never received notice from council and take that route??? I am dubious wheter or not this will work as they are saying there are four tickets?!

Please please help as my partner has to raise our little boy Oliver in fear of the Nheads banging the door in at any given moment. She also likes to play with our son in the garden and has refrained from this just incase they rush for the door whilst it is open.

Please infiorm me of the best course of action and can i seriously get away with writing and making an offer and simply pay the council and not Equita. surely the council will state the account is with Equita and not with them???

Please help :idea:

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Hi hun, I would go and have a look at the parking and wardens forum on this site. Now i can see you are in leeds, so do you still have your parking tickets. If not ring the council and ask for copies. As they are from 2005 they MAYBE unenforceable as the tickets did not conform to certain rules. Go to the parking forum and you will see loads of info on there about this. And i know what a nightmare it is in leeds to park. Good luck hun. Also ring TEC in Northhamton and ask for a late Stat Declaration for all the differant tickets. They are really nice people down there. They will E>mail them to you. Fill in send them back this should as in my case put problem into dispute for a time. Should give you some time to sort things out.

dx100uk vbmenu_register("postmenu _916580", true);

In all fairness when i wrote the new born baby line I expected a degree of sarcasm and scepticism although as stated we have been living in a hotel room and not presetn at the propety top action certian letters or receive them in a timely fashion. I think this is a valid point especially when i wrote to them recorded delivery and made them aware. Yes i am wriggling my friend and shall continue to do so, i cannot remember the tickets - certianly not 4 of them and have not received mutliple letters before i recieved the £370 odd [pound demand. This is clearly a lie. Now if the council can prove the original tickets and the charges are genuien after my letters then so be it, i'll pay all prioven charges by said 'certified' bailiff.

I also suspect you maybe a bailiff yoursefl after recmonneding i call the bialiff...whata rubbish idea. after all law is not built on verbal agreement only what is stated in ahrd copy format, therefore they will receive another letter tomorrow morning stipulating my intentions.

Thank you to all others for valid points and the lack of finger pointing.

My case is valid and if proven i shall pay and can pay in full, I am simply asking for best foot forward as bailiffs do and will try it on, it's their business to. It's mine to stop them thieving and adding there lovely VAT reminiscent charges.

I will contact the council and ask for the declaration forms...i also think the 2005 commnet of enforceable action to be valid. lets see what theyhave to say when i ask for facts from the council and from the bailiff. They do after all have a legal duty to reply within 40 days to my requests this coupled with the declaration notice should out the sweats up the suckers...

Originally Posted by dx100uk

sorry
but i think you are just wriggling and trying to get out of paying.
it is obvious this is to do with more than one occasion of parking where you p'haps should not have. esp as its a council not a private pcn.

the excuses you put up, really hold little water either.
oh a little child is suffering because of these nasty people..........

any how,

get on the phone the bailiffs tomorrow with their relevent bailiff numbers for the offences.
explain that you made a token payment, in goodwill, that was returned why? and that you are [maybe?] willing to resolve the outstanding matters, but need to enter into a payment agreement over a period of time to resolve them, thus avoiding your present worry over the auction.

there is a very good external site [sorry links not allowed here]
that will detail your options, and there is a sticky on the homepage here that should prove useful.

but the simple answer really TBH is not to repeatedly park where you apparently should not be doing so & to pay the ticket on time.
eitherway all of this would have been avoided.

dx100uk

dx100uk

Thank you though for other tips and advice - I do appreciate them, i am after all calling for help in my naive state. I suppose you just shouldnt have such a holier than now attitude...if eveyrbody parked where they should then you wouldn't get the chance to purvey your thoughts on here and indeed look as righteous as you do. Therefore gratification would not be yours...hence i'm doing you a favour

LOl - I just spat my coffe all over the puter!!

You seem to be in good hands have a look at below, you might need a magnifying glass but it gives you an idea of costs they can charge.

Just to let you know do not pay with a credit card or even debit card as they will add a surcharge.

What have these charges got to do with me 'Magistrates charges' I'm county court. These ar parking fines not speeding tickets.

Wow the bailiffs are on here today arent they...hard to type...shaking

Originally Posted by Saffronflowers

LOl - I just spat my coffe all over the puter!!

You seem to be in good hands have a look at below, you might need a magnifying glass but it gives you an idea of costs they can charge.

Just to let you know do not pay with a credit card or even debit card as they will add a surcharge.

Well I might as well just go and shoot myself - sorry confused you with someelse - did you know "Speed Kills" (sanctimonious comment) I felt this forum was lacking in them today!!

SFx

Saffronflower is not a bailiff hun. You really should ring northhamton and ask for a time out stat doc and contact the council. I did not contact the bailiffs. Once the time out doc has been sent they will suspend any action until they decide if you have a case. also ask the council why it has taken so long for them to bring a case. If you look through the parking forum someone was taken to court and i think and only think it was thrown out as tere had been too long a gap between parking ticket and enforcement.

SBB - no he was not meaning me, otherwise I would be in tears again!!!

SFx

Thank you to all for your thoughts and guidance...I am stunned that there are so many helpful people out there in times of robbery and deceit. This pesky world we live in

Sorry saffron. I read it wrong. As my name suggests my head is all over the place at the minute. And not sure which to turn myself. Will keep an eye on op though. Been through the same thing as he has. And thank you for all your advice saffron. And please i dont want to make you cry again hun.