Hi All,

My first post - please be gentle this is a very stressful and difficult time!

Back in Feb I received a PCN from Manchester CC.

I can't recall why I was even in Manchester or anything about the circumstances.

I was pregnant at the time and unfortunately lost my baby in April.

From there everything went to pot.

I couldn't cope with day-to-day life, I left my job and things that should have been sorted just, well, weren't.

Fast forward a few months and I received a letter from Equita stating that they had a court warrant to deal with this.

Having had nothing from the court myself, I wrote back asking for a certified copy.

Nothing materialised and I forgot all about the matter

- still not quite back to myself in terms of organisation!

Last Tuesday a bailiff from Equita attended my property.

I explained the situation to him but he clamped my car giving me one week to sort something out.

I offered a payment plan but this was refused.

I was NOT given a Notice of Immobilisation nor was one placed on the car.

I did NOT sign a Controlled Goods Agreement.

The only paperwork left for me was a notice which would have been posted if I had not been in (informing me they had been and would return on X time etc.)

I emailed Equita that day again requesting copies of the warrant and a copy of the Notice of Enforcement giving me 7 days notice of attendance.

On Thursday I received a letter from Equita, a Notice of Intention, which stated it may still be possible to make a payment plan.

It was dated the Monday, one day prior to the bailiff turning up.

I called Equita and the chap was extremely rude and talked over me constantly.

He said the letter said 'may be possible' and that it was not possible.

I argued it was unfair to send a letter out on one day then send a bailiff before I had chance to even receive it, let alone respond.

I also received another letter on Tuesday this week stating they enclosed copies of what I asked for - but with nothing enclosed.

I am currently 14 weeks pregnant and have been quite poorly over the last week with a severe chest infection.

Today I contacted the National Debt Helpline and they helped me to draft a vulnerability letter which I have emailed to the bailiffs and Manchester Council.

I called the council to let them know the situation.

The lady was lovely and asked me to phone the TEC to make an appeal (which I have done and sent after speaking with them and explaining the situation).

In my letter to the bailiff by email I put them on notice that I have appealed to the TEC.

Should they now remove the clamp whilst this is going on?

Without a Notice of Immobilisation or CGA is the clamp there legally?

I would appreciate any advice!

TIA

why did you not get the original ticket in the post etc?

have you moved since the incident?

if you've appealed that you didn't received anything then yes the clamp should be removed once they contact the bailiff

Hi, thanks for replying.

As I said in my previous post I did receive the PCN.

Things at that time were a little all over the shop to say the least and I wasn't dealing with general life very well at all. I do have a vague recollection that I wrote back to the council that I was unable to pay for a ticket at the machine due to a man sitting underneath it and I felt intimidated.

I can't be sure, I have no records and I am willing to pay the charge. My issue is I can't afford to pay the whole thing in one go.

I've spoken to Manchester Council today regarding this and they advised me to speak to TEC and to file an appeal (which I have)

. I don't recall receiving anything from the initial letter to Equita writing to me about a warrant (which I requested a copy of).

That aside, I feel that Equita may not have acted lawfully in clamping my car without a Notice of Immobilisation, a Seizure Notice or a CGA?

I believe the council should now have been informed of my appeal and the lady said they would inform Equita. I'm hoping they will then come back to remove the clamp until the TEC appeal is decided?

Not sure what a notice of immobilization is... nor if the others are even needed.

You should have received a Notice of Enforcement from Equita

- at which point they add £75 to the debt outstanding

- this gives you a certain amount of time

- the date is given on the letter

- to make contact to pay in full or if possible in instalments.

If no contact is made they will visit

- without notice

- and charge you £235 for the pleasure.

They may take Control of Goods if they either gain entry or find goods of value outside.

The car may be clamped for up to 2 hours to allow payment to be made or if not it can be removed for sale

- extra fees are then incurred if this happens.

The letter you received from them. Did this say anything about a visit? Was this perhaps the NOE?

Firstly, is the car yours, is it on finance?

Back in Feb I received a PCN from Manchester CC.

I was pregnant at the time and unfortunately lost my baby in April. From there everything went to pot.

I couldn't cope with day-to-day life, I left my job and things that should have been sorted just, well, weren't.

 

Fast forward a few months and I received a letter from Equita stating that they had a court warrant to deal with this. Having had nothing from the court myself, I wrote back asking for a certified copy.

Nothing materialised and I forgot all about the matter

 

Last Tuesday a bailiff from Equita attended my property. I explained the situation to him but he clamped my car giving me one week to sort something out. I offered a payment plan but this was refused. TIA

You mention in your question that in February, you received a penalty charge notice. This was issued as you had not paid for 'on street' parking (you had difficulty making payment into the machine). You seem to recollect writing to the council about this by cannot be sure.

You have not mentioned anything about the statutory notices that you should have received from Manchester City Council. The notices would have been the Notice to Owner followed by the Charge Certificate and finally, the Order for Recovery. Did you receive any of these notices ?

If you had not received the notices, then it is usually an indication that you had moved house and had not updated your V5C (Log Book) with DVLA. Is this possible?

In relation to your car, how much roughly is it worth? Is it on finance?

Lastly, you mention that you had not received a copy of the warrant. The warrant is not a document that is your. It is addressed to the enforcement agent and is his authority from the court to enable him to recover the debt. On last point, an unpaid Penalty Charge Notice will not lead to a County Court judgment. You do NOT have a CCJ.

I am currently 14 weeks pregnant and have been quite poorly over the last week with a severe chest infection.

 

Today I contacted the National Debt Helpline and they helped me to draft a vulnerability letter which I have emailed to the bailiffs and Manchester Council.

 

I called the council to let them know the situation. The lady was lovely and asked me to phone the TEC to make an appeal (which I have done and sent after speaking with them and explaining the situation).

 

In my letter to the bailiff by email I put them on notice that I have appealed to the TEC. Should they now remove the clamp whilst this is going on.

You mention that National Debt Line have helped you to draft a 'vulnerability' letter. Please do not take this comment the wrong way but I am just curious as to what grounds they believe that you are 'vulnerable'.

You have also been advised by Manchester City Council to submit an Out of Time (TE7 and TE9) witness statement to the Traffic Enforcement Centre. I believe that you sent this yesterday. Was it sent by email to TEC and what time did you send it? You should have received an email acknowledgment from TEC. Have you received this?

On the Out of Time application, you would have needed to outline the reason why you are submitting the forms. What reason did you give?

PS: It will not be until the New Year that you will receive a response from the Traffic Enforcement Centre.

Not sure what a notice of immobilization is... nor if the others are even needed.

A notice is required on the immobilisation of a vehicle under TCoG regulations.

If it is on a highway it is reg 17(2).

Securing goods of the debtor on a highway or elsewhere

17.—(1) Subject to paragraph (3), where the enforcement agent is proceeding under paragraph 13(1)(b) or © of Schedule 12 the enforcement agent may secure goods of the debtor by fitting an immobilisation device.

(2) Where the goods are secured by fitting an immobilisation device, the enforcement agent must—

(a)

provide the immobilisation device; and

(b)

provide a written warning to the debtor in accordance with regulation 16(3).

Regulation 16(3) (above) applies to goods secured on premises, this section gives the form of both notices.

3) Where the goods are secured by fitting an immobilisation device under paragraph (1)©, the enforcement agent must, at the time of immobilising the goods, provide a written warning to the debtor, signed by the enforcement agent, to be affixed in a prominent position on the immobilised goods, which must contain the following information—

(a)

that the enforcement agent has immobilised the goods;

(b)

the date and time of immobilisation;

©

that the goods have been immobilised because the debtor has failed to pay the sum outstanding;

(d)

a telephone number, which is available 24 hours every day, for enquiries; and

(e)

the reference number or numbers.

The LP hasn't said where the car was clamped.