PCN & Equita - please help, don't know what to do next?

[jane1703]

Hi,

Please help me!

I received a parking fine, which I totally forgot about and it is now in the hands of the Bailiff. As soon as I got the letter, I called equita to pay the balance, which on the letter stated it was £93.20, I checked here on CAG and that seemed to be correct £80 for the ticket and then £13.20 for the letter. I just wanted the matter resolved so was prepared to pay the balance.

 

However when I called equita, I was told that it was now £126! I asked how this could be and was told that it was charges, I asked for the Breakdown of the charges and was told to ask for them in writing. I said you can not just add charges to the account and not tell me what they were for and he said we can and we will keep adding charges until you pay!!

 

Unfortunately, my father in law passed away and I had to go away to spend some time with my family, and a period of around 2 weeks elapsed.

 

So when I got home, I had a notice through the door from the bailiff (who is certified - unfortunately!), there was no balance, just a notice BAILIFF REMOVAL etc.

 

I know that I should not speak to the bailiff, but I just wanted the matter resolving, so I called him to ask him about the balance and he said it was now £240!!! I told him I needed a breakdown of the fees and again he said put it in writing! So I put this in writing and also filed a compaint letter, as found on CAG to the council who issued the charge and my local MP (neither of whom I have heard from).

 

OK - so here is the bottom line. I now have a copy of the fees and they are as follow

 

Parking fine £80.00

Initial letter £11.20

Visit Fees £62.00

Attendance/Removal fees £150.00

VAT £39.06

TOTAL £342.26

 

It is my understanding that they can only charge for 1 letter and then an amount of £38 for fines below £100?

 

I just do not know what to do next with regards to settling this account and getting these parasites out of my life (again!!)

 

Please can someone advise me on what to do next, I'm getting a bit anxious that they may try to take the car and my partner uses it for work.

 

Should I send a cheque for £80 + 13 + 38 and tell them that is all they are entitled to, but what would they do about the £220 that they think that I owe them.

 

I have tried to find the solution in the threads, but can only get as far as what they are entitled to charge.

 

Many many thanks

[hallowitch]

not to good with parking tickets but i will do my best

 

Parking fine £80.00

Initial letter £11.20

Visit Fees £62.00

Attendance/Removal fees £150.00

VAT £39.06

TOTAL £342.26

 

This is no good to you it does not confirm the dates of the bailiff visits the time of the bailiff visit and the name of the bailiff and the charge for each visit (they can charge a maximum of 3 visits)

 

I notice there is no levy fee a bailiff can only charge an attendance/removal fee if he has previously levied against goods

when a bailiff levies goods he must Levey a notice of seizure of goods and inventory listing the goods levied

 

 

did your first posted letter from equita tell you that the debt had been passed to them and you had 7 days to pay (did you try to pay before the 7 days were up)

[fork-it]

 

Parking fine £80.00

Initial letter £11.20

Visit Fees £62.00

Attendance/Removal fees £150.00

VAT £39.06

TOTAL £342.26

 

 

I just do not know what to do next with regards to settling this account and getting these parasites out of my life (again!!)

 

Please can someone advise me on what to do next,

 

Just offer to pay what you lawfully owe.

 

 

Parking fine £80.00

Initial letter £11.20 (if bailiffs shows certificate of posting otherwise £0.00)

Bailiffs fee: £28 (28% of the PCN or its £28 if under £100.00)

 

Total owed: £108/£119.20 - nothing else

 

The Law: The Enforcement of Road Traffic Debts (Certificated Bailiffs)Regulations 1993 (Amended 2003)

[Voxter]

certificate of posting ??? wheres that in the 93 regs ?

 

They can charge max for 3 visits inc an Enforcement/ attendance fee .......normally 150 plus

[wonkeydonkey]

if you know the answers why post the question ?

[fork-it]

certificate of posting ??? wheres that in the 93 regs ?

 

Section 7 of the Interpretation Act.

[Voxter]

i asked a question the answered something else. that ok ****ey ?

[Voxter]

Section 7 of the Interpretation Act.

 

 

so not in the regs then.......which is what i asked

[fork-it]

If a bailiff charges a fee for work he cannot show he has been done, then the consumer does not have to pay the fee.

[Voxter]

lol ok mate

[jane1703]

Thanks for all your help. Waiting to see if the offer of 126 is accepted!

 

Many thankks once again

[bladeboy]

Don't be surprised if they reject that, come round to your property and either clamp any vehicle there or bang on the door threatening that they will force entry.

 

This is an industry completely out of control and they just keep getting away with it. All firms see to routinely charge outside the scope of the relevant statutes.

 

You may end up having to pay the amount charged and then pursue through the small claims court, as I did. By the way, I won!

 

OK, for penalty charge notices the fees that can be recovered are governed by the 'Enforcement of Road Traffic Debts Order' amended in 2003.

 

A quick google search will outline a table with the exact fees but for sending a letter, the amount permitted is in the region of £11.20. This cannot increase until the first visit to 'levy distress' is made so for them to say that the amount 'has now gone up to...' is, frankly, complete bollocks and they will know this. However, the complete arrogance of the bailiff firms is disturbing and indicative of the fact that other than court action (which most people just won't bother with) they have absolutely nothing to worry about.

 

In addition to the penalty charge you should have a letter fee of £11.20 and what they have done with this first visit is 'attend to levy distress when the levy is not made' - this carries a fee cap of £28.00

 

The 'visit fee' and 'attedance/removal fee' are complete bollocks. They are not mentioned in the statutes and are therefore cannot be charge for. VAT can ve charged on the lesser amouts that the statute permits.

 

 

Let us know how to get on with that 'offer' and then we'll take it from there.

[jane1703]

Thanks to all who replied to this thread.

 

Having taken the advice of all of you, I have offered to pay 126 quid, that was on the 13th Sept and am still awaiting a response, but on the upside, the car hasnt been clamped and the bailiffs havent returned..................................will keep you updated and hope I havent spoken too soon.

 

Once again many thanks to all

xx