Some advice about Equita please?

[lisaf]

Hi All,

 

I got a letter from Equita on Saturday regarding an outsanding pcn. It didn't have a reference to the pcn or amount. So I have just called the bailiff and he said he's going to look for the pcn number and call me back but that it amounts to £400+ for one ticket!

Didn't even get the original pcn or chasing letter from Equita.

Update: He's just called back with pcn number and said that i should have rec'd chasing letter from Equita so to pay this and take it up with them and see if I can get the difference back!?

Thanks for listening

Lisa x

[Guest Happy Contrails]

PCN's have never cost 400 quid! The bailiff is almost certainly trying to cheat you with his fees. Do not phone a bailiff unless you are asking about his certificate.

 

The law prescribing bailiffs fees for collecting unpaid parking tickets is Schedule 1 et-al of the Enforcement of Road Traffic Debts (Certificated Bailiffs)(Amended 2003) Regulations 1993. If you have been overcharged then you have a right to reclaim them. Broadly speaking the law provides:

 

Letter Fee £11.20. If letter arrives after first visit is made then £0.00

Levying Distress up to £100 (excluding bailiffs fees but including court fees) - £28

More than £100 - 28% for the first £200 then 5.5% on everything over £200.

If no levy is made then bailiffs can charge fees for a maximum of three visits.

Multiple fees cannot be charged for simultaenous unpaid ticket collections.

 

The law does not provide for a bailiff to charge a fee to fix or remove a wheelclamp to a car or sending a tow truck to an address. The law provides "reasonable costs" for attending an address with a view to transporting goods in a van, if no goods are transported in the van then the van fee is £0.00 In the case of Culligan -v- Marston Group Ltd et-al, no. 8CL51015 the court ruled that because the Bailiff produced no breakdown of his charges, he is unable to show that it is reasonable costs. Therefore, van fees, tow truck fees and attending to remove fees = £0.00. More

 

If you have never received any correspondence telling you about the PCN then the authority has probably not complied with regulations on parking ticket notice and enforcement. A parking tickets expert might be able to help and get the enforcement stopped. Phone the TEC on 08457 045007 More: Info about - County Court Bulk Centre - Traffic Enforcement Centre

[lisaf]

Thanks Happycontrails. Know it was stupid, but I paid it as it's my OH's work vehicle. Will I ever have ANY chance of getting any of that back?

Thanks again

Lisa

[ambershadow]

I think you have to claim through a county court for that I am sure I will be corrected if wrong

[lisaf]

Thanks ambershadow x

[Guest Happy Contrails]

Your post isn't clear what you are seeking to reclaim. If its unlawful bailiffs fees then you ask the authoirty that instructed the bailiffs to pay you then put a claim into the Small Claims Track. The authority is always liable for their contractors, and they are the ones whom you name on your claim in the county court. Its up to the council to settle its differences with its contractors afterwards. The council will sometimes ask you to name the bailiff to stand as a co-defentant in your claim. You have no obligation and its up to the council to ask the courts permission for add the bailiff as a co-defendant.

[lisaf]

Hi Happy Contrails - I just wanted to know whether I could claim the difference between the original pcn and these extortionate fees on top.

Is it worth sending an SAR to equita as I have paid a couple of these some time ago and it was the same amount and it just can't be right.

Many thanks again

Lisa

[Guest Happy Contrails]

If you send a SAR to a bailiff they will just laugh and bank your £10 cheque for a single printout of fiction.

 

This letter has more clout & you can recover unlawful bailiffs fees up to 6 years after you have paid them.

 

TThe Omnipotent Bailiff Co, Plc

Their Address 1

Their Address 2

Their Address 3

Postcode

 

BY POST AND BY EMAIL

 

DATE

 

Dear Sir/Madam

 

Re: [YOUR NAME + REF]: Fee irregularities. Opportunity to compensate

 

I write following visits by your bailiff however there appears to an irregularity with your fees. I ask you to provide the following within fourteen (14) days:

 

1) The name of the court that issued the certificate for the bailiff in charge

 

2) Written confirmation of a) your fees, and b) the original debt

 

3) a) Truthfully confirm in writing your fees are lawful and comply with legislation or b) refund me the unlawful fees plus reasonable compensation for being cheated by your certificated bailiff with his fees by midday the fourteenth day from the date of this letter.

 

4) The name and address of the organisation that instructed you

 

If an irregularity with your fees is subsequently discovered within the statutory time limit of 6 years Limitation Act 1980, I will enter no further correspondence with you and automatically file a Form 4 at court against the bailiff in charge for dishonestly defrauding me with his fees. This may also involve recovering the unlawful fees from the Council and a criminal investigation by police. Your bailiff and your firm's principle director(s) may receive a criminal record for assisting an offender, benefiting from proceeds of crime and committing offences under the Fraud Act 2006. If you have charged VAT on your fees that are later found to be unlawful then you may be reported for VAT fraud and your documents will be given in evidence.

 

This letter is delivered by Royal Mail and deem it good service upon you by the ordinary course of post under Section 7 of the Interpretation Act 1978. It now is your responsibility and in your best interests this letter is handed to the relevant person within your organisation.

 

Yours Sincerely

 

YOUR NAME

[lisaf]

Thanks very much - will get that off asap