Equita - Parking fines - PLEASE HELP! :)

[Squidy]

Hi all,

 

Had a few fines (3) which I forgot about and long story short I now seem to owe Equita the money. Compared to other people on here it may not sound like a lot but it is to me!

 

The initial fines passed to them was around £250, but they sent me loads of letters (which I admit I ignored), and by the time I actually got round to sorting my life out I owed them (roughly, according to them) £375.

 

I have never received ANYTHING in writing from them explaining the fees, or even letting me know that I was accumilating fees. Do they have to let me know that they are raising the amount of debt?

 

I started paying them back £75pm. They would call me around the 20th-24th every month and I would pay by card. They charge a card handling fee. In dec they didnt call me and I forgot about it, got a letter in Jan saying I had missed it bla bla so I called up and paid Jan and Dec.

 

I was expecting to make the final payment this month but on the 23rd no phone call had arrived but instead a Bailiff came round. No one was in, I received no notice. He tells me I owe around £200 after he has added £120 attendance fee. They say my agreement was to pay on the 20th of each month.

 

I have been told that the most they can charge is 28% on parking fines (National Debt Line 08088084000) on first £200 of fines. Problem is I havent got anything from them in writing at any point telling me what fines I have been given.

 

On my initial debt of £240 I have paid back £291. Apparently I still have £200 ish outstanding.

 

I have written in to the council to ask if it can be put on hold whilst I submit a complaint. I am also writing to Equita asking for a breakdown of all my fees and origional debt.

 

They have it on their system as 2 different accounts, one is in the wrong name (basically a misspelling of my surname).

 

Does it sound like they have done anything untoward? Especially this month when I was supposed to be rid of them.

 

Sorry for the long post, and thanks to anyone who takes the time to read it.

[Jamberson]

My gut feeling is they have not done anything wrong. I don't know what the basis of your complaint is, but you must realise this situation was caused by your continually ignoring the matter and defaulting on what you owe.

 

You are entitled to a breakdown of the charges - ask for one, then post details on here. You may have been overcharged or you may not. Impossible to say at present.

 

They don't have to tell you they are raising the fees, but that's not quite what they did - they added on additional charges for additional chasing of the debt, which is normal practice.

 

Minor mis-spellings on your name won't matter legally either.

[Squidy]

I dont really have any problem with my fines being raised to £375, thats why I was paying them off. My problem is with the last payment I had to make. They didnt call, or send a letter saying it was oweing. It was 3 days late, and they sent someone round and charged me an extra £120 on what was an outstanding debt of only £75.

[fluffy_bunny]

This is the first instance I have heard of where the bailiffs 'remind' you to pay them.

 

The onus is normally on you to make payment by a certain date.

 

I'm sure the council would back them up in saying you defaulted on the payment arrangment by not making payment because you did not recieve a reminder call or letter.

 

Have they levied on your vehicle? How many visits have been made?

[ploddertom]

 

My problem is with the last payment I had to make. They didnt call, or send a letter saying it was oweing. It was 3 days late, and they sent someone round and charged me an extra £120 on what was an outstanding debt of only £75.

 

Unfortunately it is not up to them to chase you for payment and maybe you have been lucky with this in the past.

 

Only by looking at your account statement will you know if the charges have been administered correctly or not.

 

PT

[Squidy]

They have made visits in the passed before I was paying them back. I dont have a vehicle or own anything at the address, its my parents address. They have never levied anything.

 

I read elsewhere that they have to give 7 days notice that someone will be attending my address, to give me a chance to settle, is this not the case?

 

Just frustrating that they said they would call every month, and they did at first so why would I look into the legality of it...

 

Also he is saying that I owe more than I think I do anyway. Does he not need any proof of the amount that I owe? Querying this with them means he will keep attending and adding charges until they get back to me. If im wrong (I dont think I am) thats £100s of pounds more. Just to get confirmation..

[Squidy]

Last time I spoke to him he said the £120 is an attendance fee, van charge and admin fee or some such crap. Can they really charge all of this?

[Squidy]

It seems wierd that he can pick a figure that I owe him and I have no grounds on which to dispute that. Except by post while in the meantime my debt is increased...

[Squidy]

Sorry for multiple posts, just to clarify, its my parents address and I dont live there. I have told them many times I dont live there, my mum has told them i dont live there too. Can they charge me for attending an address which they have been informed is not mine?

[Jamberson]

There does not appear to be anything going on which is not allowed - yes they can charge for attending an address you don't live at. And yes they can charge attendence and van fee. And no, they do not need to give you 7 days notice of attendance.

 

You must get a fees breakdown in writing and when you do, put it up on here and someone will check to see if you have been overcharged. Phone them up and request one - they might even be able to email it to you right then. I can't see any other way forward for you.

[Squidy]

i have phoned them, and they say it needs to be requested in writing. Equita wont even tell me how much I had left to pay wheni t was sent to the bailiff..

[Jamberson]

OK, you'll have to request it in writing then. I understand your concerns that they might levy extra charges while this is being processed, but you can only try. I don't know what else to advise.

 

If you want to know how much was owing when it first went over to them, the local authority could tell you. I think it will be the original PCN plus half again, plus £5 registration fee - whatever that adds up to.

[Squidy]

sorry, I mean the amount the bailiff should be asking for now, after I have made payments on what went to them originally. I was pretty sure I only owed them £75 after the £291 I have already paid.

[Squidy]

Just one more question - say I want to pay this guy, and just get it over with. What can I do? Im in a different city to him and Equita wont take any payments - they will only put me through to him.

[bladeboy]

There does not appear to be anything going on which is not allowed - yes they can charge for attending an address you don't live at. And yes they can charge attendence and van fee. And no, they do not need to give you 7 days notice of attendance.

 

You must get a fees breakdown in writing and when you do, put it up on here and someone will check to see if you have been overcharged. Phone them up and request one - they might even be able to email it to you right then. I can't see any other way forward for you.

 

Er no, they can't charge 'Van fee' and there is no such thing as an 'attendance' fee. The break down of costs they provide should be massively helpful with this.

 

The costs bailiffs can charge for the recovery of road traffic debts is covered by Statutory Instrument, namely Scedule 1 of the Enforcement of Road Traffic Debts order 1993 (SI 1993/2072).

 

They always overcharge because: a) People don't know how to fight back. b) People just want the matter behind them. c) If they [bailiffs] charge the correct amount as per statute then their profit margins are slim indeed.

 

The charges are:

 

1. Letter fee £11.20
   
2. Attendance to levy distress where the sum demanded (original charge notice fee) does no exceed £100, £25.00. Over £100 then 28% on the first £200.
   
3. When attending to levy, but where no levy is made the reasonable costs and charges cannot exceed the amounts due at 2. above.
   

When they post the letter through your door saying 'seizure' this is essentially levying distress.

 

Get the costs breakdown and if you have paid over and above then sue them.

[Jamberson]

Sorry, you're right about the van fee - I was thinking he meant a tow truck fee, but of course they haven't yet sent one, so it's not that. There's no van fee.

 

The attendance fee exists though, and you've defined it yourself! Number 2 in the list you posted.

 

Anyhow, as you say, this is something which can be gone through once we know specifically what has been charged.

[Squidy]

Phew.. I was only thinking that if they havent charged anything untoward its not worth delaying for their fee breakdown just to get stung with more attendance/van fees in the meantime.

 

So how exactly is it not harrassment? On my parents I mean. Repeatedly attending an address which I dont live at, and havent for years, when the residents have told them not to come back?

 

Thanks for the help, I will post the breakdown when I get it.

[Barbarawoo]

Well spooted Bladeboy

[ploddertom]

 

So how exactly is it not harrassment? On my parents I mean. Repeatedly attending an address which I dont live at, and havent for years, when the residents have told them not to come back?

 

 

Bt attending your parents address - which is the address on the paperwork they try to prey on their vulnerability and that they may pay their offsprings dues. To be on the safe side get your parents to file a Statutory Declaration to say:

a - you don't live there

b - it's only a holding address (or whatever the word is) for you

c - all the goods there are their own

 

Adapt the attached to suit - fee to have authorised £5 - £10 at a Solicitor or usually free at a County Court office - don't go to the Magistrates Court.

 

PT

Statutory Declaration.doc

[Squidy]

Ok, i finally got a breakdown of my charges - this is sent from the council, as what they received from equita:

 

SN0**********

Date

Action

Amount

13.05.2009

Debt

£80.00

13.05.2009

First letter

£92.88

18.05.2009

DVLA check confirmed vehicle registered to the defendant at the address on the warrant.

20.05.2009

Bailiff called to levy, no contact made left letter

£125.08

27.05.2009

Bailiff visit made no contact made, left notice of attendance

12.08.09

Payment received by card

28.09.09

Arrangement made with defendant to pay £72.00 a month over this case and SN************

28.09.09

Payment received by card

21.10.09

Payment received by card,

18.11.09

Further arrangement made with defendant to pay £48.00 a month over this case and SN***********

23.11.09

Payment received by card

04.01.10

Arrangement cancelled as broken agreed arrangement terms.

25.01.10

Payment received by card

23.02.10

Further attendance made by bailiff no contact left letter.

24.02.10

Case placed on hold for 99 days as per client’s instructions.

£ 70.68

Total payments received: £57.40 (including card admin fee).

SN*********

Date

Action

Amount

13.05.09

Debt

£ 80.00

13.05.09

First letter

£ 92.88

18.05.09

DVLA check confirmed vehicle registered to the defendant at the address on the warrant.

20.05.09

Bailiff called to levy, no contact made left letter

£125.08

27.05.09

Bailiff visit made no contact made, left notice of attendance

24.06.10

Enforcement attendance made

£336.68

12.08.09

Payment received by card

28.09.09

Arrangement made with defendant to pay £72.00 a month over this case and SN***********

28.09.09

Payment received by card

21.10.09

Payment received by card,

18.11.09

Further arrangement made with defendant to pay £48.00 a month over this case and SN**********

23.11.09

Payment received by card

25.01.10

Payment received by card, Case successful

£ 0.00

Total payments received: £338.68 (including card admin fee).

SN************

Date

Action

Amount

13.05.2009

Debt

£110.00

13.05.2009

First letter

£122.88

18.05.2009

DVLA check confirmed vehicle registered to the defendant at the address on the warrant.

20.05.2009

Bailiff called to levy, no contact made left letter

£161.98

27.05.2009

Bailiff visit made no contact made, left notice of attendance

18.11.09

Enforcement bailiff attended, arrangement set.

18.11.09

Arrangement made with defendant to pay £24.00 a month

23.11.09

Payment received by card

04.01.10

Arrangement cancelled as broken agreed arrangement terms.

25.01.10

Payment received by card

£ 89.98

Total payments received: £72.00 (including card admin fee).

[Squidy]

Ok so that didnt display very well but the main points IMO are:

 

12 May 2009 all 3 PCNs were sent to Equita together.

 

13.05.09 They charged me a first letter fee 3 times (one for each) of £12.88 (which is slightly more than they can charge anyway).

 

20.05.09 they charged me a "Bailiff called to levy, no contact made" fee 3 times, again one for each PCN - but the same attendance. Fees seem to have been two £32.20 (£92.88 PCN debts) and £39.10 (PCN debt £122.88 ). Again all are a bit more than the amount they are allowed to charge for a single levy.

 

24.06.10 "Enforcement attendance made" on a single PCN of £125.08 (after their applied charges). Fee charged: £211.60

 

So my questions are:

 

Can they charge me 3x for everything as it was 3 seperate PCNs (they were given them all at once)?

 

And wtf is that £211.60?? I must be able to get that back.

 

Thanks for reading.

Edited March 15, 2010 by Squidy

[Squidy]

also I heard they cant apply VAT to letter fees and attendance fees, is that correct?

[Squidy]

sorry to post many times in a row but:

 

if the first letter was SENT on the 13.05.09 and I was charged for levying distress on the 20.05.09 thats only 7 days after the letter was sent - obviously unless it was delivered instantly its impossible that I had 7 days to deal with it. Is there a minimum time period after sending the first letter that they can levy?

[ploddertom]

also I heard they cant apply VAT to letter fees and attendance fees, is that correct?

 

Unfortunately not.

 

However if they were collecting 3 at once then apart from the actual outstanding fines on each they have to be treated a single fine.

 

PT

[ploddertom]

http://www.consumeractiongroup.co.uk/forum/bailiffs-sheriff-officers/248186-what-can-i-do-2.html#post2826879

 

Read post 21

 

PT