Equita Bailiff help required they have clamped my car!!!!!!!

[siddy1978]

Hi I hope someone can help me here.

 

I have been fighting with equita about payment of a number of parking fines recently and today they have clamped my car and the debt has goe from £200 to £1100 to take the clamp off.

 

I have explained to them that I filed the statutory declaration with the councils and when i called them last week this was approved. So why are they still clamping my car?

 

On another fine I agreed to pay it off in instalments i have paid these online and have got the proof for these as well but they are now saying that there is extra to pay. WHen I ring Equita they say to ring the bailiff and when I ring him he is very aggressive and rude and doesnt want to know. When I asked about the extortionate charges he said that he could do what he likes.

 

I need my car for business and everyday i dont have my car im losing money but I have follwoed all the right steps to stop this happening but they are not playing fair.

 

Can anyone help???

 

Regards

 

Siddy 1978

[lamma]

more details please

you don't file stat decs with councils.

this is about a council ticket I take it ?

 

equita has a history of going 'over the top'.

[Goldlady]

Take the wheel off and put the spare on.

[siddy1978]

Hi Lamma

 

My mistake I filed the stat dec which was the PE3 AND PE2 forms with the traffic enforcement centre in northampton. The ticket relates to stopping in a red zone. I did not get any of the letters.

 

I have explained this to Equita but they are not budging I cannot ring up tec as they were closed when bailiff clamped car. They actually went in to my secure car park when someone was leaving to do it.

 

Will I have to pay?

[siddy1978]

Hi Gold lady

 

I thought about taking the wheel off but the clamp covers all entrances to the wheel nuts now

[gni03349]

Is the car on private land or on the public highway? If it's on private land then unless they have had court authority, they have commited trepass. You would be well within your rights to get the old angle grinder out and chomp through it, as well as taking them to court for trepass, loss of use of car etc etc... I'm kinda hoping it's on private land (ie. a driveway or something).

 

Someone with bailiff knowledge will surely pop in and take a look at your problem, so hang in there, and good luck.

[lamma]

there are more informed clamping experts than I on here..

 

can you supply dates etc ?

this secure car park is it at your home address ? IAUI the bailiff's warrant will only allow him to 'operate' at your home address.

what makes it secure - was he trespassing to do this ?

[Goldlady]

Hi Gold lady

 

I thought about taking the wheel off but the clamp covers all entrances to the wheel nuts now

 

Didn't mean to sound cheeky but friends of mine did that once.

 

I hope you get it sorted - the fact that they busted into the car park is well out of order but difficult to argue when there is a clamp in the way.

[siddy1978]

Hi

 

Thanks for replying. The car park is part of the development i live in it is a multistorey car park on private land.

 

Dates are as follows.

 

I received a letter from equita at the end of February regarding payment requested and how bailiffs were going to knock on my door unless i paid.

 

I called up and agreed to pay monthly instalments over four months for all three fines this was at the beginning of March. They agreed and I have been paying online.

 

In the meantime I filed the stat decs on the 18th March and was told that action would be suspended. I still carried on paying as i was still receiving letters. I still havent heard from tec.

[siddy1978]

hi goldlady

 

i am going to get someone over tomorrow to see if we can take the clamp off somehow or the wheel. would this be illegal?

 

The reason i ask is that I use the car two days a week to take my mum to hopsital who is disabled and my car is congestion exempt.

Edited June 10, 2008 by siddy1978
missed out info

[lamma]

phone TEC first thing in the morning (obvious I know).

from what you say equita are acting illegally AGAIN.

[gni03349]

Sounds like trepass then to me. As for them telling you they can do what they like, they like to think they are above the law, but trepass is trepass, and an offence! I would call, fax (if you can) and write to them telling that they have trepassed onto private land, and will be suing them, which you should do, as well, as any monetary compensation for loss of use of the vehicle.

 

We really need somebody with the knowledge though to come and help you.

[gni03349]

As i said, if its on private land, you can do what you want with the clamp.. do you have an angle grinder? I'm sure they would call the police for backup, but then they wouldnt want to know anyway.. if its private land, so they either unclamp you, or you grind it off. Might be an idea to call them to tell them of your intentions too. Lets see them try to argue that one!! (and take a note of any PC's number, if it comes to them getting involved).

[lamma]

depends on the address on the arrant I suppose.

as a payment plan was agreed Equita's actions in clamping were illegal in my view. need that bailiff expert to drop in.

[siddy1978]

Thanks guys im going to be ringing TEC first thing to see if I can get it sorted. Im leaving the country fo rten days on thursday and i dont want it to get towed away whilst I am away.

 

If it is trespassing then i will definitely sue.

[gni03349]

...If it is trespassing then i will definitely sue.

 

... and so you should, for more than you owe preferably, so that it's paid off, and you have some spare cash in your pocket, and they have a lot less in theirs!!

 

Good luck.

[lamma]

try contacting tomtubby on here

[siddy1978]

thank you gni.

 

I will have a much cleare idea tomorrow

[Goldlady]

I know when my friends took their clamp off they made sure it was undamaged and then wrote to the company (not bailiffs just a private rip off firm) and told them where it was available for collection. Not sure where you would stand if you took an angle grinder to it.

[lamma]

there are circumstances where it is okay to forcibly remove the clamp - need a clamping expert...

 

angle grind the lock not the clamp, locks much cheaper !

[siddy1978]

yeah true but someone has just sent me this link which is exactly what I am fighting. I didnt get the fines for this but this is what they were trying to get me done for. Looks like I may definitely have a case

 

http://www.thisislondon.co.uk/standard/article-23416834-details/Motorist%27s+victory+over+%C2%A31m+traffic+spy+camera/article.do

 

The Online Petition: http://search.petitions.pm.gov.uk/kbroker/number10/petitions/search.lsim?ha=1157&sc=number10&qt=matt+briggs

[gni03349]

Goldlady, the only recourse the clampers would have if its on private land is to sue for the value of the clamp. They could "try" for criminal damage, but who invited them onto the land where they clamped the vehicle anyway?

 

If the OP sues as it was private land, then the clampers could only counterclaim for the value of the clamp at most. If the clampers sued first, then the defence is trespass in the first place, IMO. Howevr, i'm no expert in clamping and the law relating to that, so...

 

The point is, who invited them or allowed them onto the private land?

[Goldlady]

Angle grinders at dawn then. I bl**dy well would;)

[siddy1978]

i thought about the lock but it seems to be a new type of clamp where the lock is hidden??

[gni03349]

As an aside, although related, does anybody remember that bloke who dressed up like a superhero and went around using an angle grinder to free cars up?? lol. Whatever happened to him?