Equita - Settle or continue the fight??

[fighting_equita]

Hello,

 

I have been in communication with Equita for well over a year now regarding a number of Congestion Charges and Parking Ticket fines i paid to them. I sent a number of SAR's to them and by looking at their breakdown of charges and 'The Enforcement of Road Traffic Debts' I felt i had been grossly overcharged on a number of different occassions, particularly in respect to 'Attendance and Removal fees that did not appear to be justified and which they refused to justify.

 

After many letters to both Equita and TFL asking that Equita either justify their charges and prove they are lawful, or refund me the amount I think i was overcharged by, i recently received a letter from Equita offering me an out of court settlement for 50% of the amount i was asking for. In the letter they make it clear that they are not accepting responsibility and still do not believe i have been overcharged.

 

I am obviously pleased with this result but i cant help thinking that by settling for 50% they still get to keep a lot of money that they may have fraudulently taken from me. Ultimately I feel that if they are unable to, and refuse to justify the charges why should they not give me the entire amount back. (By 'entire amount', i mean the entire amount of what i felt i had been overcharged by, not the entire amount of charges i paid to Equita).

 

Do i take their offer and be happy that i managed to get something back or do i take them to court for the full amount? Does anyone have any experience of how much this could cost/what my chances of winning are? Whilst I really don't want to give up I really cant afford to lose the money they are offering me, and I certainly cant afford to to pay costs should I lose.

 

Sorry for the long post....your advice is much appreciated.....really don't know what to do.

[impecunious]

I'd suggest you post your charges here - with a little more information I'm sure lots of people will be able to offer you good advice.

 

I'd be tempted to take them to the small claims court if you have a case!! Take no prisoners!

 

Impecunious!

[fluffy_bunny]

What have TfL said?

[fighting_equita]

TFL's reply to my letter stated that they had asked Equita to review my cases and that Equita would be in touch with me. The last line of their letter said that they hoped Equita's response would be a satisfactory conclusion to the matter.

 

Equita then sent their letter offering the 50%.

[ploddertom]

Did they at any time charge you multiple fees for collecting on more than 1 ticket at a time? As impecunious says it may be better to put some of them up for perusal.

 

PT

[fighting_equita]

Yes they did, on two seperate occassions i was charged for the same visit. My main issue with their charging though was the 'attendance and removal' fees i was charged. At no point were any goods removed and I never signed anything.

 

There are actually a number of different PCN's where i felt i was overcharged so i wont put details of them all on here, but include one below:

 

- DVLA report (Fee:£2.94)

- First notice sent to defendant requesting they contact us.( Fee: £13.16)

- Case issued to bailiff to visit.

- Case issued to bailiff to visit.( Fee £55.2l)

- Case issued to bailifff for the first

- Case issued to bailiff to visit.

- payment of £490.71 received (Attendance/Removal fee £264.40)

[ploddertom]

On the example you have posted I believe they are not allowed to charge for the DVLA - but stand to be corrected if wrong. Also at what stage did you pay.

 

PT

[ploddertom]

I asked originally about the multiple fees as they are not allowed to do this. Even if they have 100 tickets in one visit they all have to be lumped together as far as fees go ie 1 set of fees only.

 

PT

[hallowitch]

(Attendance/Removal fee £264.40)

and they cant charge this either

 

they can only charge this if they have a levy and you have failed to keep up payment on an agreement

[fighting_equita]

On this example it took four months to pay - others took longer, some i paid quicker. Would i be right in thinking though that they cant add costs for length of time, only when they actually visit or send a letter....?

[hallowitch]

for parking tickets they can charge 1 letter fee and 3 visit fees

 

 

If they have a levy im not sure about the levy fee i think its 28% of the debt

[ploddertom]

(Attendance/Removal fee £264.40)

and they cant charge this either

 

they can only charge this if they have a levy and you have failed to keep up payment on an agreement

 

Is this not the infamous charges that HMCS have allowed £225 +VAT?

 

PT

[fluffy_bunny]

no that is only for magistrates fines

[hallowitch]

Is this not the infamous charges that HMCS have allowed £225 +VAT?

 

PT

 

i don't know if it applies to HMCS

 

as far as i understand a walking possession agreement is just that an agreement with the debtor and the bailiff to make payment either in full or by instalments (at the time of the agreement) if the agreement is not kept then the bailiff can charge a van/attendance to remove fee

 

i wouldn't mind tomtubbys thoughts on this or anyone else for that matter

[ploddertom]

no that is only for magistrates fines

 

Thanks for putting me right on this.

 

PT

[ploddertom]

 

- DVLA report (Fee:£2.94)

- First notice sent to defendant requesting they contact us.( Fee: £13.16)

- Case issued to bailiff to visit.

- Case issued to bailiff to visit.( Fee £55.2l)

- Case issued to bailifff for the first

- Case issued to bailiff to visit.

- payment of £490.71 received (Attendance/Removal fee £264.40)

 

Don't know if it is me but I can't get this to add up - I have a difference of £155?

 

PT

[fighting_equita]

Sorry, the £155 difference is the original PCN fine.......which i didn't include in that breakdown.

[ploddertom]

Sorry, the £155 difference is the original PCN fine.......which i didn't include in that breakdown.

 

That makes life a lot clearer.

 

According to my calculations and working on the sums given to you I get a different set of results.

Initial Fine - £155

DVLA Fee - £2-50

Letter Fee - £11-20

Sub Total - £168-70

Levy Fee @ 28% - £47-24

VAT on Charges @ 17.5% prior to 1/12/08 or after 1/1/10 - £10-66

Sub Total to Date - £226.60

ATR Fee - £225.02

VAT -£39-38

 

Total to Pay = £491

 

OK it is only coppers difference but it shows them using a different set of calculations. If this arose between the dates worked on the VAT then they could only charge that at 15% + they cannot charge you VAT on the original Fine.

 

Think you have a lot of working out to do. It may pay to ask them how they work it out given you get a different sum + ask them to justify their ATR fee as reasonable.

 

PT

[fighting_equita]

Thanks ploddertom.....gives me something to think about. With regards to asking them how they work things out and justifying their ATR fee, that is pretty much what I have been asking for the past year to no avail.....

[ploddertom]

Thanks ploddertom.....gives me something to think about. With regards to asking them how they work things out and justifying their ATR fee, that is pretty much what I have been asking for the past year to no avail.....

 

If they can not show how the ATR fee is reasonable then you should demand its removal in each instance.

 

PT

[fluffy_bunny]

You really need to push TfL to sort this out - send them a formal complaint (titled so)

 

They are extremely paranoid about these as it does not go to a Chief exec but to the mayor!

 

TfL contracted them so have to answer for this!