In over my head with Parking Fines & Bailiffs and have no Idea!!! Equita, Whyte & Co JBW

[munksey2001]

I received a letter from bailiffs instructing me to pay £262 or £171 if i am to pay today?????

 

 

I am on benefits and currently a single parent and do not have any savings to pay this off,

 

 

I am not denying the parking ticket but I cannot afford to pay it all.

 

 

If I was to make an initial payment of £50 and then the rest in installments

 

 

would the bailiffs have to accept this as I am so scared to call them as they intimidate me so much

and make out that im going to have my car taken away tomorrow if i dont pay, and I want to know my rights

 

Thank you

[afcwben]

..

[postggj]

if you are on benefits then you are classed as a vunrable person

 

inform the council of this and get them to take the debt back from the baliffs

[seanamarts]

In answer to the OP's question under the national standards of enforcement agents you are potentially vulnerable. I suggest you email or write to the issuing council requesting that they take back the debt due to your circumstances. Also inform the bailiff company that you are on benefits and cannot afford to pay a lump sum.

Has the bailiff made a levy on your car, if not I suggest you hide it.

Has the bailiff entered your home and made a levy.

 

Mr G&M I see your still here and still cantankerous as ever

[munksey2001]

Hi there everyone

 

Need urgent advice in regards to speaking to a bailiff for a parking penalty with Newham. Had a PCN from Newham ignored it and its gone to bailiffs. Whyte & Co who I have dealt with before (all ex partner using the car and getting tickets for me) usually just come to an arrangement over the phone and I can pay them weekly around £10 which I usually do until its paid off in full. This time they have told me to contact the bailiff direct (EDIT) who I have done today.

 

He is happy to accept the payment arrangment of £10 a week but wants to do a Levy on my car??????? He said its simply to document that he has seen the car and that if I fail to abide by the arrangement he can clamp/tow it etc. He said he will meet me anywhere not necessarily at my address to carry out the Levy and then I can start to make the payments (I am single mum on income support). I am a bit worried about this as I have never had to do this before and worried that I will turn up and he will clamp my car etc and leave me stranded and I am also 38 weeks pregnant!!!!!

 

I told him my mum was a solicitor, and I will speak to her first and see what she has to say, but shes not and I havent got a clue who to turn to about this. I am in a payment arrangement with Equita, who casued me nothing but stress at the start by adding on charges and writing threatning letters to say they were going to tow my car even though I had kept to my agreement etc. But I have never had to do a levy before????

 

Please can someone advise me so that when I call him I sound like I know what Im talking about and he doesnt think he can have one over me. I told him I will call him back tomorrow to let him know?????

 

Desperate for help and getting myself all worked up and stressed!!!!!!!!!!!!!!!!!!!

Edited January 25, 2012 by honeybee13
Name removed as a precaution.

[wonkeydonkey]

At 38 weeks pregnant you are well and truly within the category of "vulnerable" you must advise the bailiff of this immediately and the authority who issued the pcn.

 

Write (email followed by hard copy sent recorded/signed for) proposing a payment plan at the rate you suggest and send with the hard copy your first payment.

 

WD

[munksey2001]

Thank you for getting back to me. I have been told that basically a Levy is signing over my car to the bailiff until the debt is paid off in full, which I feel very strongly against. I am going to email Whyte & Co and explain to them that I am currently 38 weeks pregnant and High Risk due to suffering from migraines and that the situation after speaking to the Bailiff has caused me much stress which is infact the absolute truth as Im sitting at home, panicking completely but I know that I am 100% willing to pay him the money just dont trust them as they just add on charges willy nilly and I havent got a clue how to fight back if they do happen to come and take my car.

 

I have made a payment already of £10 and will make another payment on Friday of £10 but as I am considered as vunerable does this make it a bit easier for me????? I dont like to play on it but I am sooooo stressed out by this Levy this bailiff wants to do, I dont have a clue what to do for the best and no family memeber to help me out financially or with advice.

 

So if I am to email Whyte and Co what exactly shall I say to them????

 

Thank you so much for you help

[wonkeydonkey]

I am not up on this subject but this might help: I will also PM another cagger who is very clued up on the subject to see if she will drop by and help you out.

 

You only need to bring to the attention of Whyte & Co the statement below also add that you have no intention in your current condition, to allowing any bailiff access to your home or indeed arrange to meet up with them to perform a levy on your car especially since payments are currently being made and have been accepted.

 



Enforcement agents/agencies and creditors must recognise that they each have a role in ensuring that the vulnerable and socially excluded are protected and that the recovery process includes procedures agreed between the agent/agency and creditor about how such situations should be dealt with. The appropriate use of discretion is essential in every case and no amount of guidance could cover every situation, therefore the agent has a duty to contact the creditor and report the circumstances in situations where there is evidence of a potential cause for concern. If necessary, the enforcement agent will advise the creditor if further action is appropriate. The exercise of appropriate discretion is needed, not only to protect the debtor, but also the enforcement agent who should avoid taking action which could lead to accusations of inappropriate behaviour.



Enforcement agents must withdraw from domestic premises if the only person present is, or appears to be, under the age of 18; they can ask when the debtor will be home - if appropriate.



Enforcement agents must withdraw without making enquiries if the only persons present are children who appear to be under the age of 12.



Wherever possible, enforcement agents should have arrangements in place for rapidly accessing translation services when these are needed, and provide on request information in large print or in Braille for debtors with impaired sight.



Those who might be potentially vulnerable include:



the elderly;



people with a disability;



the seriously ill;



the recently bereaved;



single parent families;



pregnant women;



unemployed people; and,



those who have obvious difficulty in understanding, speaking or reading English.

9

[ploddertom]

Normally you have to provide proof of your vulnerability but would imagine in your case this will be very obvious to them.

 

PT

[munksey2001]

Thank you for you help, I am going to let them know that I am uncomfortable about meeting up with a bailiff in my condition as I am vunerable and not comfortable with this proposition. I will email Whyte & Co tonight and let them know, but if you could pass my thread onto your friend who knows more about this that would be great as I need all the help I can get and I have notes to show that I am currently assigned to a neuro consultant and on medication etc and its very clear that I am pregnant and have my pregnancy notes with me at all times.

 

I appreciate your help and advice and any further information would be greatly appreciated in order for me to sort out this arrangement as I will be making another payment on Friday, or possibly tomorrow if I have £10 plus the £1 debit card fee in my account spare and then continue from then on to make it every Friday which I know I can do and have done in the past.

 

Many Thanks

 

 

Munksey

[wonkeydonkey]

No problem munskey I have already sent her a message to look in...she is a bit of a night owl..so it could be late but there are others who are well clued up on this and I am sure they will pick up on it also.

 

Try to relax, please trust me when I say this will get sorted, this forum is the best there is IMO and never yet have I seen a cagger left out in the cold.

 

WD

[brassnecked]

hang in there munksey, you will get help here , in the meantime make sure the bailiff and the firm are appraised of your late stage pregnancy, and the consequent vulnerability as per WD, hopefully tomtubby may pop in and help, later on

[seanamarts]

If this has not already been suggested then you should call the council asap.. Ask to speak with the parking services manager and explain to him that you are at the latter stages of pregnancy, you are on benefits and are classed vulnerable and request that he recalls the debt from the bailiffs.

Either state that you are happy to carry on paying the £10 to the bailiff on the understanding that he will NOT levy on your car, or you will pay the council direct until it has been paid off. Dont speak with the bailiff until you have spoken to the council.

If they say that cannot deal with it because its in the hands of the bailiffs, just remind him that the council are wholly responsible for any actions of the bailiffs and he has the authority to call them off or make the bailiff stay away until after the birth of the baby. If he refuses then let him know that you will make him responsible if any thing untoward happens health wise, as you do not need added stress at this time during your pregnancy which could be detrimental to you and your babies well-being. Then ask for a complaint form.

[rebel11]

Here are the letters, 'Vulnerable situations', e-mail that to the council and bailiffs, make sure they respond and understand.

 

http://www.consumerwiki.co.uk/index....mplate_Letters

[wonkeydonkey]

There you go munskey lots of advice to keep you snuggled up and relaxed ....as I said "the best" are on cag

 

......Thanks guys and gals.....

 

WD

[RaeUK]

Munksey, here is a link to the National Standards for Enforcement Agents: NSEA

have a browse through and see if anything else is relevant. Also, please note, Whyte & Co are members of the Civil Enforcement Association and have agreed to adhere to their Code of Conduct. This Code - updated in May 2011 - mirrors closely the National Standards. If your bailiff is aware that you are 38 weeks pregnant - easily proved as I'm sure you would be interacting with your GP, Maternity staff etc - then he/she would be delinquent in their duty if the case is not referred back to the original instigator. This is not a choice. You should not be dealing with the bailiffs under any circumstance. They know that but will still try to weedle their fees from you...

Edited January 27, 2012 by RaeUK

[tomtubby]

I know that this is not what you need to hear right now, but PLEASE MAKE SURE that you do not ignore parking tickets. As this is a Medway pcn it could have been paid at the reduced rate for £25 and it is so dangerous to ignore PCN's as ultimately, you could loose your car.

 

I am bemused as to WHY the bailiff has not already clamped the car and I am assuming that this is because he knows that it is either subject to finance, HP or is not worth much money. Is this the case?

 

You need to make the company aware that you are already in a payment arrangement with anther firm of bailiffs and that most importantly that you are almost certainly classed as "vulnerable" in accordance with the National Standards for Enforcement Agents and that you therefore cannot meet with a bailiff but that you are willing to enter into a payment arrangement etc.

 

Can you answer the query as to the car etc ?

 

Can you respond regarding the car?

[munksey2001]

I am currently with equita at the moment with a payment plan of £20 a week (every Friday) that I pay either over the phone or via on linr. They have just recently sent to me a break down which I requested as I started this payment plan in September 2011 as I have 5 outstanding fines through Havering Council that my ex partner got me and never paid and now have to deal with. Recently before I gave birth (single parent with a new born) I was making payments ahead of schedule due to running the risk of going into labour early.

 

They have taken it as I am behind on my payments which is impossible and have slapped on massive fees on top of the debts saying I fell behind due to the fact I was making payments on the Friday then also on the Monday rather then the following Friday just in case I was in labour. Though they only added on fees to 3 of my fines the other 2 they did not.

 

So there was me thinking I was roughly about £250 off from paying the whole of these 5 fines off when they decide to say I have not been paying my payments on time, gave me 3 examples which were incorrect as I was suppose to pay them every Friday and they said I paid them on the following Wednesday and Tuesday, which in all honesty I never did, it was a Saturday and a Sunday due to me just giving birth and suffering from post natal depression. I write down all dates I make payment and there authorisation codes and get receipts emailed to me for every payment I pay on line.

 

I requested for a break down which I received and I also asked for the reamining dates in which I apprently fell behind on my payment arrangement and sent it recorded delivery but have not heard anything regarding this. I have 4 outstanding fines now with them due to 1 being paid off in full and the 4 I have remaining are £57.36 and the other 3 are all £197.80 which should be around £50 but they went and added on the fees recently. But have not informed me of the dates that I fell behind on.

 

I am so lost and confused and today woke up to find hand delivered letter stating that my car will be towed in the next 24 hours etc, spoke to bailiff and said he has received instructions speak to Equita which I did and they confirmed that after making my payment of £20 over the phone and having my arrangement re-instated they will put off further action from bailiffs, and they confirmed they had left a message for him yesterday but still he decided to turn up at 6 am this morning and after speaking to Equita they said it was a mistake and they will contact the bailiff again to suspend further action due to me re-instating my payment plan which for some reason they keep on writing to me saying I have fallen behind etc and adding on fees. I also rang the bailiff who was very abrupt and said he will contact Equita himself to check even though the manager at Equita was on the phone to him as I was speaking to the lady on phone.

 

JBW said I had to make a deposit of £50 and make £50 payment a week which was impossible due to being on income support etc and even faxing them details and the man on the phone was sooooo rude to me when I even started to cry as my new born was only 3 days old and basically told me there was nothing he could do I would have to wait for my car to be removed.

 

Whyte & Co who have been very helpful in the past adviced me to carry out a levy with the bailiff on the case which I refused and informed him I would make payments every Friday of £10 which I did even more then £10 sometimes when I could afford it and as my fine was going down, they went a slapped on a further £100 + which I ended up refusing to continue to pay and have stopped due to them just making my fine go up even more.

 

I have been told that I can go to prison for ignoring these fines and could loose everything I own and as I am literally on my own as a single parent with not a pot to pi** in I am ill from stress and cant sleep at night

 

PLEASE CAN ANYONE HELP ADVICE ME AS IM SCARED AS HELL!!!!!!!!!!!!!!!!!!!!!!!!!

 

Any advice would be great going to CAB office next week in my area to get some advice........Thank you x

 

Was just wondering how I could do that. Thank you for you help

 

My partner bought me a car as he was on a ban at the time and could not drive. It is his car but I have my name on the log book as I drive it and tax it and is insured in my name. But if a bailiff was to turn up regarding outstanding parking tickets what rights would I have due to me not actually owning the car just the vehicle user.

 

Thank you for your help

[brassnecked]

You say your ex landed you with these fines, what are they for? Are they PCN's as you mention council, or magistrates, as if council PCN no way you are goint to jail anytime soon, no matter what the bailiff says. Are you still working, or on benefits? Single parents and pregnat women near labour qualify as vulnerable under the National Guidelines for Enforcement Agents, and these bullies know this. they should refer them back to the council. If magistrates, others know more, and there is a risk of prison eventually.

 

Try not to worry you are in the right place.

[munksey2001]

So though the car is registered in my name and address how can I fight this with the bailiffs?

 

I was heavily pregnant at the time and mentioned this to both Equita and also whyte & co and jbw when I spoke to them and yes they are PCN's from havering council, Newham and barking and dagenham. Thank you for getting back to me and how should I approach the council to get them referred back to them?

[hallowitch]

did you know about any of the PNCs before the bailiffs turned up at your door (have you moved house)

[munksey2001]

I knew about them but my ex told me he had paid them off and where I never heard anything presumed so, until about 6 - 7 months down the line when I started receiving all these bailiff letters

[Conniff]

If the car was on hire purchase it would not belong to you but the finance company so couldn't be taken.

If it was a company car where you maintained it then you would be on the log book but the company would own the car, so they can't take it.

 

If the car can be shown to have always been in your boyfriends name and the logbook not changed since the bailiffs contact then again, it is not your car.

Does your boyfriend have the purchase receipts ?

 

Bailiffs cannot take possessions belonging to another person.

[munksey2001]

Well it was my sisters car and he bought it off her for me to use as I have 2 children and he put the log book in my name as we thought we had to for legal reasons as i woud be the onu driver of the car, but at his address so that he can deal with any correspondence regarding the car

[Jamberson]

Were you receiving the trail of documents the council would have sent you between getting the PCNs and the bailiffs coming to you? For every PCN there should have been three seperate documents sent to you, which I guess would have alerted you to the fact that your ex had not paid them.

 

It is important, because if you did not get these - if they were sent to the incorrect address - then you can possibly get the bailiff fees overturned. So can you remember receiving correspondence on them prior to the bailiffs?