Equita and parking fine. Please help.

[ROSE28454]

My daughter parked in a disabled bay when she took my Mum out last July. She has a disabled badge. She wrote to dispute it and they said there was no badge displayed and sent a photo ( which interestingly showed what looked like the badge). My daughter then heard nothing else but did not pay either. In December she received a letter from Equita chasing the debt. She tried 2 or 3 times to call the bailiff and as per usual with Equita they kept ignoring the calls. Finally managed to get hold of him a couple of weeks ago and he said the council had taken her to court and the collection of the debt was then passed to them. She said to him that she never received any correspondence from the court and he said as it was a parking fine she was not entitled to any of the court details and had no right of reply. She asked for a weeks leeway and has written to the council asking for the court details. No response yet. Then last week another letter saying they will be sending bailiff and this week 48 hour letter saying bailiff will be attending to levy goods.

The £115.00 fine is now £400 plus. Now my daughter has a car with no mot worth about £50.00 parked on our locked drive but little else in assets.

She sent an e-mail to Equita this morning stating she will be applying for a N245 suspension of warrant form from the court and she will not be answering any of their calls to our house.

Now she has been a bit stupid not pursuing the council but these bailiffs are such liars and thugs. I have a lot of experience with bailiffs ( mainly due to Council Tax ) and have told her not to let them in. I have locked both the front and back gate but understand they can climb over. Is this right? Also thinking of tranferring the car to me to make sure they dont take that.

[ploddertom]

Now she has been a bit stupid not pursuing the council but these bailiffs are such liars and thugs. I have a lot of experience with bailiffs ( mainly due to Council Tax ) and have told her not to let them in. I have locked both the front and back gate but understand they can climb over. Is this right? Also thinking of tranferring the car to me to make sure they dont take that.

 

A note from tomtubby:

 

PS: Always remember that BEFORE a bailiff levies upon goods, you can SELL...TRANSFER...GIVE AWAY...OR HIDE any assets. This is perfectly legal but must be done BEFORE a bailiff levies upon the goods.

 

PT

[ploddertom]

My daughter parked in a disabled bay when she took my Mum out last July. She has a disabled badge. She wrote to dispute it and they said there was no badge displayed and sent a photo ( which interestingly showed what looked like the badge).

 

I assume the Blue Badge belongs to your mum. The chances are that when she wrote to the Council it was actually passed to the Bailiffs to deal with and of course they will refuse any appeal. Also some Councils have put their back office work out to private companies like Capita who just happen to own Equita!

 

My daughter then heard nothing else but did not pay either. In December she received a letter from Equita chasing the debt. She tried 2 or 3 times to call the bailiff and as per usual with Equita they kept ignoring the calls. Finally managed to get hold of him a couple of weeks ago and he said the council had taken her to court and the collection of the debt was then passed to them. She said to him that she never received any correspondence from the court and he said as it was a parking fine she was not entitled to any of the court details and had no right of reply. She asked for a weeks leeway and has written to the council asking for the court details. No response yet. Then last week another letter saying they will be sending bailiff and this week 48 hour letter saying bailiff will be attending to levy goods.

The £115.00 fine is now £400 plus. Now my daughter has a car with no mot worth about £50.00 parked on our locked drive but little else in assets.

She sent an e-mail to Equita this morning stating she will be applying for a N245 suspension of warrant form from the court and she will not be answering any of their calls to our house.

 

If you are quite adamant the badge was displayed you could always contact your local Councillor for help as the more who can comment on the photo the better.

 

PT

[ROSE28454]

If you are quite adamant the badge was displayed you could always contact your local Councillor for help as the more who can comment on the photo the better.

 

PT

 

I will get her to dig out the letter with the photo and see who she can get to talk to at the council.

Ta

[ploddertom]

I will get her to dig out the letter with the photo and see who she can get to talk to at the council.

 

For now I wouldn't bother with the Council, if you can involve her Councillor then he has direct access to those that can help.

 

Ta

 

PT

[High Court Enforcer]

A note from tomtubby:

 

PS: Always remember that BEFORE a bailiff levies upon goods, you can SELL...TRANSFER...GIVE AWAY...OR HIDE any assets. This is perfectly legal but must be done BEFORE a bailiff levies upon the goods.

 

PT

 

If it is believed it is sold to defeat the distress the bailiff should still levy upon it.

 

Your best bet is try and sort it out with the council or (shreak!) the bailiff.

[RaeUK]

Hi Rose28454, follow everyone elses advice about what to do re: the parking charge.

For me, I would dig out that photo and have a good close look. Use a magnifying glass if necessary. Does it really show a blue badge? If so, the first place I would go to for advice is the department at your council that issues them. They should be helpfull...

Keep us posted.

Best wishes.

Rae. A blue badge holder

[ROSE28454]

she had another letter today saying that he has a warrant of execution and will be coming in the next 48 hours to see what he can take.

 

I called him on her behalf and he said he could enter my property any time he wants to take what he wants.

I tried to question him about the fact that my daughter did not receive any court papers and he said there were none and she had no right of reply.

 

He was very aggressive and I told him in no uncertain terms that it was my property and he could not come in without my permission.

 

Eventually I asked him to keep away for another 24 hours while I speak to the council.

I did that this afternoon and the girl confirmed that there was no actual court case and that I could speak to Northampton County Court and she gave me a reference number to quote and said they may be able to help.

 

I have not managed to dig out the original letter from the council ( my paperwork is mess!!) but will search tommorow till I find it.

I also went to the street where the parking ticket was given and realised she parked on a single yellow not a disabled bay.

 

I remember that the council's reason for the ticket was that it was a loading bay but when I looked today it is not a loading bay at all.

 

The loading bay in that street is in a completely different place and I took some photos to show that and the fact that where she parked was not a loading bay.

 

Also thinking back to all of this I dont think she originally got a PCN but just the letter telling her about it with the picture attached.

So will see what happens next.

[Thegreenpimpernel]

HCE - He may well still levy, indeed remove, but what when the rightful owner comes knocking in court?

Edited March 16, 2010 by Thegreenpimpernel

[ploddertom]

she had another letter today saying that he has a warrant of execution and will be coming in the next 48 hours to see what he can take. I called him on her behalf and he said he could enter my property any time he wants to take what he wants.

 

Cobblers

 

I tried to question him about the fact that my daughter did not receive any court papers and he said there were none and she had no right of reply.

 

In this instance he is probably correct as the PCN is not a criminal offence - so no Court involved. She should be able to file something in this instance challenging the validity of the ticket - not too good with these so hope someone else can advise.

 

He was very aggressive and I told him in no uncertain terms that it was my property and he could not come in without my permission.

 

You could always do a Statutory Declaration for all your own possessions as he is only allowed to seize any goods belonging to the debtor - providing he can gain entry or otherwise levy.

 

Eventually I asked him to keep away for another 24 hours while I speak to the council. I did that this afternoon and the girl confirmed that there was no actual court case and that I could speak to Northampton County Court and she gave me a reference number to quote and said they may be able to help. I have not managed to dig out the original letter from the council ( my paperwork is mess!!) but will search tommorow till I find it. I also went to the street where the parking ticket was given and realised she parked on a single yellow not a disabled bay. I remember that the council's reason for the ticket was that it was a loading bay but when I looked today it is not a loading bay at all. The loading bay in that street is in a completely different place and I took some photos to show that and the fact that where she parked was not a loading bay. Also thinking back to all of this I dont think she originally got a PCN but just the letter telling her about it with the picture attached.

 

All the more reason to challenge it.

 

So will see what happens next.

 

PT

[Zamzara]

Witness Statements and Statutory Declarations - Traffic Penalty Tribunal

 

N245 is the wrong procedure for PCNs. She needs to make a witness statement if the council did not repsond to the representation.

[ROSE28454]

Witness Statements and Statutory Declarations - Traffic Penalty Tribunal

 

N245 is the wrong procedure for PCNs. She needs to make a witness statement if the council did not repsond to the representation.

 

Yes that is right. I spoke to the council and the court this morning. According to the council she was sent 3 letters ( only received 1 ) and the court said she can apply on a TE7 & TE9 to file a statement out of time. The council say my daughter did not respond ( which is odd) so she can appeal for not receiving a PCN (she never actually had one ) or a rejection notice. Spoke to the bailiff who again told me I did not know what I was talking about and I could not appeal. After a few minutes of arguing he said he would phone the council to confirm what I had told him. I think he is just niggly as he may not be able to pursue this one and get his money. If the council allow the papers to go back to them I may or not win the appeal against the ticket but at least I will not have a massive amount to pay. That said I love a good fight so we will see

[ROSE28454]

I am about to submit the forms to court and need a little help with the reason for late submission. Shall I put

" I was unaware of the council's action in court until I received a visit from the bailiff recently. I received no correspondence regarding this matter except the original letter from Bath Council that I responded to"

 

Does that sound ok?

[ROSE28454]

Sent off the TE7 AND TE9 forms a couple of weeks ago and just received this reply from the court.

 

before a court officer

 

sitting at Northampton court

 

On reading the papers

 

IT IS ORDERED THAT

 

1 Under rile 23.8 of the Civil Procedures Rules the Court will deal with the application to file a Statutory declaration/Witness Statement out of time without a hearing because the Court does not consider a hearing in Morthampton would be appropriate

 

2 The application to leave to file a Statutory Declaration / Witness Statement out of time to be Refuses

 

NOTE A PARTY AFFECTED BY THIS ORDER MAY REQUEST A REVIEW OF THE DECISION BY A DISTRICT JUDGE AT THE RESPONDENT'S LOCAL COURT UNDER 75.5a. Such a request must be made within 14 days.

 

I though this would go back to the council concerned for consideration so where to go now?

[tomtubby]

Sent off the TE7 AND TE9 forms a couple of weeks ago and just received this reply from the court.

 

before a court officer

 

sitting at Northampton court

 

On reading the papers

 

IT IS ORDERED THAT

 

1 Under rile 23.8 of the Civil Procedures Rules the Court will deal with the application to file a Statutory declaration/Witness Statement out of time without a hearing because the Court does not consider a hearing in Morthampton would be appropriate

 

2 The application to leave to file a Statutory Declaration / Witness Statement out of time to be Refuses

 

NOTE A PARTY AFFECTED BY THIS ORDER MAY REQUEST A REVIEW OF THE DECISION BY A DISTRICT JUDGE AT THE RESPONDENT'S LOCAL COURT UNDER 75.5a. Such a request must be made within 14 days.

 

I though this would go back to the council concerned for consideration so where to go now?

 

Did the letter from TEC state whether you have 14 days from the date of the order or 14 days from service?

Edited April 16, 2010 by tomtubby

[ROSE28454]

Did the letter from TEc state whether you have 14 days from the date of the order or 14 days from service?

 

From date of service which I presumed to be yesterday when it arrived. The order is dated 13.4.10. Is that relevant?

[ROSE28454]

Bump

[ROSE28454]

I called the court a few days ago and she said she would send the N244 forms and my daughter still had time to appeal. My daughter is away for a few days and I have been spring cleaning. I have been putting all our papers in order including my daughters. I have just come across an Order for Recovery of Unpaid Penalty Charge ( Parking) from the council. I does not have a date on it but says it should have been paid by 4.12.09 or a TE9 should e filed.

Now I was away for 2 weeks late November and my daughter ( who is dyslexic ) apparently did not read it properly or at all.

I have had a look at the original photo and the badge is not visible as I originally thought. I really want to give my dd some advice and I realise she should pay the ticket but dont really see why the bailiff should get £500.00 for a £105.00 fine. So should she file the N244 and use her dyslexia as an excuse or should we contact the council and see if they will accept the fine directly??

[tomtubby]

I called the court a few days ago and she said she would send the N244 forms and my daughter still had time to appeal. My daughter is away for a few days and I have been spring cleaning. I have been putting all our papers in order including my daughters. I have just come across an Order for Recovery of Unpaid Penalty Charge ( Parking) from the council. I does not have a date on it but says it should have been paid by 4.12.09 or a TE9 should e filed.

Now I was away for 2 weeks late November and my daughter ( who is dyslexic ) apparently did not read it properly or at all.

I have had a look at the original photo and the badge is not visible as I originally thought. I really want to give my dd some advice and I realise she should pay the ticket but dont really see why the bailiff should get £500.00 for a £105.00 fine. So should she file the N244 and use her dyslexia as an excuse or should we contact the council and see if they will accept the fine directly??

 

 

There is a fee of £75 to pay when filing an N244. Is your daughter in receipt of any benefits?

[ROSE28454]

There is a fee of £75 to pay when filing an N244. Is your daughter in receipt of any benefits?

 

she has applied for Income Support as she has to re-take a term of her online degree and has been advised by the Uni not to work for that term as the course is 30 hours per week and as it is online she gets no funding. She is expecting to hear from DHSS with a decision this week

[ROSE28454]

She did not qualify for Income Support and has to apply for Job Seekers allowance. However I have decided I will try to speak to the Council concerned and see if they will accept payment directly.

[ROSE28454]

She wrote a letter to the Council yesterday basically asking if she could pay them directly. She told them the bailliffs were agressive and intimidating and she was unwilling to deal with them. Will see what happens

[ROSE28454]

She had a reply from the council this morning basically saying she has to deal with the bailiff. She will have to offer the bailiff's so much a month but is not working at present. Are they obliged to accept a payment plan?

[RaeUK]

Is she in receipt of JSA yet? Is it income related JSA? Any other benefits? How is her health and personal circumstances?

Depending who she wrote to in the council, they will usually trundle out the 'you have to deal with the bailiffs' line. This is not always the case...

Best wishes

Rae

[ROSE28454]

Is she in receipt of JSA yet? Is it income related JSA? Any other benefits? How is her health and personal circumstances?

Depending who she wrote to in the council, they will usually trundle out the 'you have to deal with the bailiffs' line. This is not always the case...

Best wishes

Rae

 

No she does not get any benefits. She suffers from depression and anxiety. She has written back to the council asking if they can consider taking the case back again. She also sent a copy to the head of the council.