PCN Advice needed please

[jimmythesaint]

Hi

 

Firstly thanks for this forum its been really helpfull. I now need a bit more specific advice and dont know what to do !

 

I had a parking fine January this year. My car was not registered to me so i didnt hear anything until october. EQUITA wanted 101 quid. I left it a week got another letter saying they wanted 143 quid so i paid it by cheque. Then a baliff came round - did not knock the door or ring the bell just posted a letter through. I called him and he was trying to calim another £200 for his visit. So i called EQUITA - I have never dealt with such an unprofessional and deliberately ignorant bunch of people. The long and short of it is that they didnt get the cheque ( postal stirkes ) so i resent it with a letter asking for a break down and stating that it was for full and final settlement this was on 17th - day of baliff

 

They sent it back because i forgot to sign it ( i was so angry i forgot) then i returned it again with the letter and the cheque signed. The cashed it on the 25 th it went out my bank 30th.

 

Got another letter dated 29th which turned up yesterday saying they were comming to remove stuff and hopefully i would be around etc.

 

I phone EQUITA - they said they got the money but want another £70 for van charge. How can there be a van charge when the guy never knocked or rung the bell on first visit. THe second visit never occured. If the van is for the first visit then why should i be charged since they had no intention of using it since they didnt attempt to knock or ring bell ? The letter on 29th said they were only comming if i hadnt already paid that week - they had cahsed the cheque !

 

Anway i need a plan of action - they have two letters asking to detail what the charges are and they have cashed payment for the amount. This extra 70 is the problem - what do i do ? I feel for all you going through this stuff for a stupid ticket its really really disappointing that the council see fit to allow these people to act as their agents !

 

Thanks !

[tomtubby]

I have just responded to your pm. You will need to telephone the court to ask whether or not this bailiff has changed his certificate from the previous one that had a different employer.

 

I am sending you by PM a template letter from our website that can be sent to Equita concerning both the matter of the fees and seeking details of the bailiffs certificate as well.

 

If a bailiff is found to be working without the legally required certificate.......I always recommend that the council is informed as well. This is vital.

[John McKenna]

If Equita have cashed your cheque and it covers the original PCN amount, the warrant is now unenforceable. Tell them to whistle for the remainder.

[jimmythesaint]

hi

 

thanks for the reply john can you point me somewhere that backs this up so i can write it in a letter ?

 

I got a reponse from them regarding fees

 

£69 for visit

£140 for enforcement fee

 

whats this enforcement fee - they now claim i owed them another 210 to cover this !

 

Thanks

[jimmythesaint]

anyone really want to write back

[Guest ChloeJane]

Hi Jimmy,

 

They cannot charge you an enforcement fee as they have not enforced.

 

The fact is that there was no need to send a Bailiff. Great for revenue but unfair on you.

 

Simply write to them that they have cashed the cheque. That no enforcement took place and by virtue of a simple stamp they could have ended the matter returning the cheque to ask for a signature as you sent it with good will and intent to have the matter settled.

 

Let them know in writing you refuse to pay the outstanding demand and that you will be writing a formal complaint to the Council as Tommytubby said and that you deem the matter closed.

 

Any further harassment or demand for monies not justified under the Enforcement of Raod Traffic Debts will see them with a law suit.

 

If you want to quote the fees and legislation try the link here.

 

I would add, that as it is the Bailiffs responsability for levying the correct fees, you are more than happy to submit a Form 4 Bailiff Complaint about the matter if they pursue for what is extortion in fees.

 

COPY THE COUNCIL IN!

 

Just my thoughts.

[jimmythesaint]

Hi

 

Just to update anyone that might be interested.

 

I sent of letter as chole explained with some strong wording and got a response two days later. They deny all my allegations etc but as a gesture of goodwill they are accepting the £143.01 as closure

 

So the 140 enforcement fee, overated baliff charges and vat added to non vatable items have been removed.

 

Thanks chloe, john and tom tubby for advice.

[Guest ChloeJane]

Yay!!!!!!

 

That has made me smile! Am really pleased for you for the outcome. Strong words seem to work for those that can find them and I do hope template letters and what to say and how to say will soon be in the templates section for those that are a little stuck..

 

Keep smiling!

 

CJ