Equita have charged me £578 parking ticket...HELP NEEDED!!

[Lukey_E]

Can someone please help me with this dispute.

 

I have just had bailiffs for Equita demanding an extortionate amount for something I was completely unaware of. They claim that I have an unpaid parking ticket from June last year. However, I have received no correspondences from either the council or the bailiffs. Apparantly I was parked in my van by a train station between 1pm and 2pm (which is where my shop is located) and the little smart cars with the camera must have got me.

 

The bailiffs stated that they wouldnt leave without the money or goods from the shop the vehicle was registered to. I paid the amount as they said that I can appeal to the courts and council.

 

What are my options as this is a ridiculous fee for something that was meant to be £50 if I received a letter from them stating I had a fine. I would have had no problem paying the £50, but its now 11x the normal amount.....

 

Please help me!!

[pin1onu]

Hi welcome to the forums,

 

Are the registered keeper details held by the DVLA correct. If they are and you did not receive any paperwork - you have a case for getting the "judgement" set aside. You are entitled to enter a defense and if you are not aware of a "ticket" then you can hardly do that.

 

You will need to file an out-of-time statuatory declaration and send it to the Traffic Enforcement Centre attached to the Northampton County Court. (See this link for details)

 

Did you get a recepit from the bailiffs. They should also have given you a breakdown of their fees.

 

Once a OOT declaration is accepted - enforcement action must cease, and the process returns to the Notice to Owner stage which gives you a chance to pay the amount of the PCN or contest it. The bailiff/council should also refund all the money you have paid.

[Lukey_E]

Thank you for your response.

 

What do you reckon the chances are of me recovering my money??

 

The vehicle is registered to my business and they claim they have sent letters. I have never received anything though. Its my word against theirs, surely they wont believe the little man will they!? Its so frustrating as there is no reason why I would ignore letters or the fine that I duly owe.

[Northern_Lass]

I was under the impression that the bailiffs could only turn up after the debt had gone to court?

[Lukey_E]

Well i never had anything stating it was going to court.....I cant believe they can justify doing this.

 

I can understand doubling the fine, and i would bite my lip and get on with it....but its a ridiculous amount extra.

[pin1onu]

Thank you for your response.

 

What do you reckon the chances are of me recovering my money??

100%. You are entitled to defend any allegation of wrong-doing. If you've not received any documentation then you are entitled to make a declaration to that effect. If that declaration is accepted then the process returns to start and you get a chance to pay up (at the original amount - the council takes the hit on bailiffs fees) or appeal it - if the appeal fails you can still pay at the original amount.

 

The vehicle is registered to my business and they claim they have sent letters. I have never received anything though. Its my word against theirs, surely they wont believe the little man will they!? Its so frustrating as there is no reason why I would ignore letters or the fine that I duly owe.

Why do you think that. Deemed Service is rebuttable under our postal laws. In making a stat dec you are putting yourself under oath. There are stiff penalties for lying on a stat dec. This happens more often than you might think. If the council has got it wrong then it is their responsability to put it right - once you tell them. That is the main purpose of the Stat Dec.

 

The fees have stacked up because in the absence of any information to the contrary the process allows them to register the debt and have bailiffs appointed. Normally it should have gone to court. TEC is a court according to some and not a court according to others.

 

Its frustrating because you have effectively been tried in your absence. Fortunately there are mechanisms to allow you to have things like this set aside and a chance to make a defense.

 

If you need more information - TEC are normally pretty helpful if you ring them.

 

Alternately post back here if you have more questions.

[tomtubby]

Thank you for your response.

 

What do you reckon the chances are of me recovering my money??

 

The vehicle is registered to my business and they claim they have sent letters. I have never received anything though. Its my word against theirs, surely they wont believe the little man will they!? Its so frustrating as there is no reason why I would ignore letters or the fine that I duly owe.

 

 

You must telephone the Traffic Enforcement Centre on 08457 045 007 and ask them to e-mail you an Out of Time Application form. You will need to tick the TOP box on the PE3 to say that you did not receive the NTO.

 

It is VITAL that you ask them for the date and address on the Warrant. Make sure that the address matches yours. The warrant is valid for only one year but our office are finding that some councils are issuing warrants for very old tickets !!!!

[Britainsworstdriver]

Hang on, did they come to the shop or your home? Are you SURE they are bailiffs? This smells badly of a [problem]. I have a nasty feeling about this one.

[havinastella]

Hang on, did they come to the shop or your home? Are you SURE they are bailiffs? This smells badly of a [problem]. I have a nasty feeling about this one.

 

Surprise, you are wrong again!