Parking fines and Equita

[hounslowdebtor]

I failed to pay a parking fine last year - my mistake, I thought I had done so, although was at a time when I was waist-deep in debt and just sorting my finances out.

 

I got a letter from Equita in April telling me I needed to pay £168.14. I called them and arranged to make 3 payments. I made the first two, but again an oversight meant I failed to make the final payment. My fault again, no problem. This week I got a letter hand-delivered from a bailiff from Equita. On the letter it said that I need to discuss this within 24 hours or he would seize my vehicle, which would cost £140.

 

At first I e-mailed Equita, apologising for my oversight and offering to settle in full next Friday when I get paid. Having heard nothing back by the evening, I rang them up. They said to speak to the bailiff, but he would have no problem doing this. I phoned him, but he didn't answer, so I left a message for him explaining the situation.

 

He phoned back this morning, saying that the amount outstanding was not £68.14, but in fact some way over £400. Not including the £140 should he seize the vehicle, nor the £50 per day while it sat at auction.

 

I phoned Equita back, but they were most unsympathetic.

 

Now, in none of the correspondence I have received from Equita does it explain their bailiff charges - nor is there any mention of this arbitrary figure on the letter I received the other day. The only mention of additional charges was the £140 for seizing the vehicle. Looking elsewhere it suggests that bailiff fees should be no more than 20% of debt for the first £100.

 

Am I therefore in a position to dispute the charges, given these were not published? Should I, like the previous poster, refer this to the Council? Bearing in mind the clock is ticking for my car being seized, I need to act very quickly!

[hounslowdebtor]

With reference to the other recent thread on Equita, I have sent them a complaint e-mail pointing out their mistakes and once again offering to settle up the charges of £68.14 plus any REASONABLE (i.e. 20% of debts up to £100) extra charges next Friday. I'll see what happens...

[cerberusalert]

Moved to Bailiffs Forum.

[RaeUK]

Hi hounslowdebtor and welcome to CAG.

The first rule with Equita is that they only uses 'bailiffspeek' that is they will lie, cheat and try to intimidate you into paying as much as they can con you out of. [i don't like Equita].

As they haven't left you the paperwork they should, have a look at:

 

Department for Constitutional Affairs - Enforcement - National Standards for Enforcement Agents

 

It's easy to read and will tell you how the bailiff should (theoretically) behave and what paperwork they should give you. Feel free to quote the Standards when complaining. (Do try to avoid phoning them and keep everything in writing)

 

As parking is not my forte I'll ask someone to take a peek at your thread.

 

Best wishes

Rae

[hounslowdebtor]

Great - they are clearly in breach of the standards as details of charges levied to date were not included on the later.

 

Cheers Rae.

[RaeUK]

Just a note:

Bailiffs like to pretend that the Standards don't exist or don't apply to them.

Equita are members of the Employment Services Association whose Code of Practice (section 2) specifically states that members should follow the Standards. (Don't bother complaining to ESA as they are a toothless bunch run by bailiffs for bailiffs...). But it's always worth quoting in a complaint.

I'm sure you'll attract better help later today / this evening.

Best wishes

Rae

[hounslowdebtor]

Cheers Rae - I note also that Equita are members of ACEA, and again are in breach of their code of conduct. I shall also complain to them if this isn't resolved.

[RaeUK]

Hi,

Unfortunately the Association of Civil Enforcement Agencies is another toothless bailiff led association. Usefull to quote but thats about it.

First of all you need to know what you have been charged for. Here is a template letter courtesy of Ploddertom:

 

"From:

My Name

My Address

 

To:

Acme bailiff Co

bailiff House

 

Ref: Account No: 123456

 

Dear Sir

 

With reference to the above account. Can you please provide me with a Breakdown of the charges including Computer Screenshot. This is not a Subject access request under the Data Protection Act S7 1998 so does not incur a fee of £10. I also require the name of the attending Bailiff and the name of the Court he was Certificated at. You are obliged to provide this information.

 

I require this information within 14 days.

 

Yours faithfully

 

Ripped off customer"

 

Adapt for your own needs, send by email & letter.

 

PT

________________

 

[Obviously, Caggers, if there is a more appropriate one more suitable to HDs needs please post. Parking isn't my forte and your comments would be welcome!]

 

HD, if you wish to complain, first gather all your info. Then use the bailiffs complaint system. You need to do this in order to then complain to the Ombudsman. Also consider a Formal Complaint direct to the CEO of the council.

 

Best wishes

Rae

[RaeUK]

[Taken from another site that both the OP and I are members of]

 

hounslowdebtor has sent off for a breakdown of charges. He has also been in contact with the relevant council who have granted a 14 day pause in bailiff action...

 

Best wishes

Rae