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Hello,

 

My partner recently received notification from her previous landlord that a bailiff from equita had visited her previous property in regards to an outstanding parking fine.

 

We're not disputing the fine went unpaid and we obviously didn't receive any correspondence from them as she failed to change the address via the DVLA

 

After she called him the bailiff refused to accept either full payment of £382.00 this coming Thursday (payday) or ANY offer of installments. He then stated that she had 24 hours to pay or they would seize her car.

 

She managed to borrow the money and notified the bailiff who said he would call back the following morning (after her father had placed it into her account) to take payment.

 

The bailiff failed to call so my girlfriend called and left two messages. asking her to call so she could make a payment. He failed to call back so she called the equita office stating that she would like to make a payment. They then refused and stated that the payment must go via the bailiff who is still uncontactable.

 

I'm basically looking for advice on what to do next as the cynic in me suggests the bailiff is trying to justify his fees and will be in touch soon with a revised and higher fee for phantom letters and visits.

 

Do we contact the council and make payment to them or do we insist that equita office accept the payment (if so how)

 

Finally, £382.00 seems excessive for a letter and a visit are the fees fixed and is their anywhere I can view them?

 

Any help would be gratefully appreciated

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I bet the fine wasn't that muchwas it?

 

 

You need to check out the fee's here as that's alot of money for one parking ticket

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I bet the fine wasn't that muchwas it?

 

 

You need to check out the fee's here as that's alot of money for one parking ticket

 

I think it was around £60.00 so obviously it's a substantial increase

 

Thank you for the link but the parking fine isn't really the issue as we admit liability in that respect. I was after advice on how to deal with the bailiff who failed to respond to our calls etc

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I wouldn't call the bailiffs till you know exactly what you are being charged here .. they are probably trying to defraud you with their fee;s as they always do

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I wouldn't call the bailiffs till you know exactly what you are being charged here .. they are probably trying to defraud you with their fee;s as they always do

 

That's all well and good but when they are threatening to turn up at your house and take your car then we would sooner settle the debt and reclaim it at a later date.

 

Again I'm just after advice on how to pay and whether the equita can refuse to accept payment.

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you can fill an out of time declaration

 

i don't know to much about this but Ive been having look round the site and any info i can find regarding this i will post for you this was posted on another thread by tomtubby

 

You clearly have the legal grounds in which to file on Out of Time late Statutory Declaration. This will be on the grounds that you did NOT receive the NtO or PCN. You have the legal right to do this.

 

You have admitted that you made an error by not advising DVLA and it is the case that you should have advised them but when filing an Out of Time you merely need to state the REASON WHY you failed to receive the PCN and tis is becuse you had moved home !!!

 

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Edited by hallowitch

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another post by tomtubby

 

From what you have described it would appear that you have been assisted in filing an Ot of Time late Statutory Declaration. This can ONLY be done if have NOT received either the PCN or Notice to Owner of if you had appealed the PCN to the local authority and had not received a response.

 

There is no secret to the Warrant of Execution being "put on hold" as section 75 of the Civil Procedure Rules (CPR) specifically state that once an Out of Time Statutory Declaration has been filed that all enforcement action must CEASE.

 

HOWEVER...you have said that this was 2 months ago and it is not usual for the Traffic Enforcement Centre to respond with a decision as to whether your application has been accepted or rejected.

 

If your application is rejected then the Warrant of Execution becomes live again and bailiff action can recommence and you may then file an N244 to appeal the Court Officer's decision to the County Court.

 

PS: You have said that the Warrant is no longer valid. Unless you have had a response from the TEC then the warrant is merely "on hold" as prescribed under CPR 75. It is NOT cancelled !!!

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