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

[munksey2001]

I remember seeing a few further notifications from the council saying that it would be the last time to appeal and that the fine has increased. I mentioned it to him and he said he would deal with it as the car is in my name but his parents address where he lives as he bought me the car. So I would see some correspondence from the council when I popped to his mums house she would giv me his mail. After we split if I popped over to his mums with the kids she would giv me the post as it would be in my name and that's when I noticed all the bailiffs letters as he's now moved out and told his mum to giv me any mail in my name where as before he would open it and sort it.

 

But I'm trying to match up what I received for each PCN but defo didn't receive all council correspondence for all of them. Thanks for replying

[Jamberson]

Was the correspondence you saw addressed to you at your home address, or to your ex's or his parents's address? This is the key issue.

[RaeUK]

Just out of interest, munksey, what is your personal situation today? I appreciate your condition when you started paying these fines but things change. How are you? Are you managing to work ok? How's the baby doing? ...

[munksey2001]

The car is in my name and under my ex partners mums address. I am still on benefits but coping with my post natal dep without having to be prescribed any drugs. I'm still a single parent also. When I was with my ex I was always at my mum in laws but then we split and I didn't really go round there hardly but he agreed I could keep using the car as I have a 10 week old baby and a 4 year old. But before we split I remember him saying he paid off all the fines as it came to quite a bit. After we split I didn't go round to his parents for a good few months and then when I did the mum started to giv me the letters in my name from the bailiffs ad my ex had moved out and was hardly ever at home so she gave me the letters which when I opened were all bailiff notices

 

Also when I first spoke to equita I gave them my actual home address for future correspondence that's how they came round the other day to drop my a hand delivered letter but jbw and whyte & co are going to my in laws house presuming the car is there and adding up the fees each time and in all honesty I'm petrified to contact the bailiffs

[Jamberson]

Sorry to ask again, but it is important:

 

If the car was registered at your ex's mum's then is it correct that all the letters were delivered there?

 

And can you tell me whether you were living there at the time the letters came, or did you have your own place?

 

It makes a big difference whether the letters came to your home.

[munksey2001]

That's fine, ask me anything you want. I never lived there I have my own place and yes all the letters were and still are being sent to my mum in laws and a couple of visits have been made there in the last few moaths. Equita started writing to my ex mum in laws but then I explained to them the situation and they started to write to my own address though they did still continue to write some letters to my ex mum in laws even though I had told them several times my actual address to write to. The reason I had to deal with the bailiffs and not my ex is because he refused to help me and I was scared of loosing the car being on my own with 2 children so I thought I would try and deal with it and presumed the bailiff companies would accept a payment plan affordable bearing in mind I'm on benefits and was happy to fax proof. Jbw gave me completely unreasonable payment plan and no other option and whyte and cowanted to do a levy on my car which the bailiff agreed to meet me anywhere including outside a police station but at the time was 37 weeks pregnant and was too scared to do that but started paying £10 a week for roughly 9 weeks which the bailiff agreed he would accept but only if he did a levy on my car even after explaining the situation. I kept checking my balance every week and after making a £10 payment every week for 9 weeks my balance shot up by £150 even though I had been trying to pay it off, that was Whyte and co

[RaeUK]

May I ask what benefits you receive, munksey? Sorry for all the questions, but they do have relevance...

[munksey2001]

I get income support, tax credits, child benefit and housing and council tax benefit

[RaeUK]

Thankyou, munksey, you've been most patient. I'll post again shortly - apols, I'm a bit of a night owl at times - with advice regarding your situation and being vulnerable. Please follow advice of others regarding different aspects as I am solely interested in the vulnerable side of things. In the meantime, I would like to say how appalling the bailiff has acted in your case ...

[munksey2001]

Thank you so much for your help kelcou. Someone mentioned about going back to the council and asking them to take back the fine and deal with them, but not sure how to approach them. I'm up till late most nights with night feeds also but can't thank you enough. I have dealt with whyte and co before over 2 parking ticket and they accepted a payment plan of £10 a week without a problem and I paid it on time every week for the duration but when I contacted them about this new fine and said to contact bailiff direct and he said a levy is to be done before a payment plan can be set up I didn't have a clue and panicked. I am willing to write to them everyday if need be to sort this out but just don't know any laws or rules or fee charges etc and need mega help

[RaeUK]

Ok, me duck, I'm just about to start posting for you. Please be under NO ILLUSION this case should have been returned to the relevant council absolutely ages ago. And each of the bailiff companies know that. You are working from a complete position of strength irrespective of what the bailiffs or even the councils may try to tell you. You do, though, need to do a lot of writing, sorry! I used to offer to do that for people but, due to my health, I get a little too tired for that but will happily give you all the pointers I can. I also have the funeral of a very close and dear friend approaching this Tuesday. Back in a mo ...

 

In the meantime, I'd just like to reiterate for my fellow Caggers just how appaling these bailiffs are. 37 weeks pregnant is pretty much as pregnant as you can get before you become unpregnant! It is highly unlikely the bailiffs failed to notice ...

[munksey2001]

Thank you again and I am definitely willing to write whatever amount of letters it takes to sort out this problem. Before when I was Ill I just didn't have the strength to fight but now feeling much better know I need to deal with this. When ever you get the chance Kelcou would be great help for me. I am going to continue to make payment to Equita of £20 plus £1 card fee to them which I do every Friday but any advice or help with letters would be such a Hugh help.

[RaeUK]

I'm not 100% au fait with pcn's but am assuming from your posts that these ones have been issued by three councils and not through any court. If any Cagger thinks I'm leading you astray, I'm sure they'll put me straight.

 

The first thing you need to look at is the National Standards for Enforcement Agents 2012 it's a simple read and confirms you are probably vulnerable due to being a single mum, with an illness (post natal depression), and unemployed. You may get the argument 'oh, but these are only guidelines'. Indeed. But they are the guidelines that every council in the UK has agreed to abide by and the vast majority of bailiff companies likewise. Don't hesitate to quote from it...

 

munksey2001 said:

... I am going to continue to make payment to Equita of £20 plus £1 card fee to them which I do every Friday ...

 

Nope. You don't need to do that. You have a baby and a 4yr old to look after. I'll tell you exactly why you should save your money in a moment ...

 

Equita, Whyte & Co, JBW are all members of the Civil Enforcement Association the link takes you to the Associations Code of Conduct links which, not surprisingly, mirror the National Standards.

Therefore, the bailiffs are FULLY aware of their responsibilities to you and have failed in their duties. Be angry, this failure could easily have caused you a miscarriage or damaged the development of your baby. Don't forget to remind the Council ...

 

You are on Income Support. This is a benefit from which you can have your fines deducted at an affordable rate - certainly not £20 per week! The bailiffs are all aware that this case should have gone back to the respective councils and an attachment to benefits applied. They don't like to tell you because they can't then milk you for every penny they can squeeze out of you.

 

You need to:

 

1. Email each council (Head of Parking if you can find an email address) and inform them that you are in the vulnerable category of the National Standards. Tell them why. Request that the case is taken back by them and an attachment to benefits is undertaken to recover the fines at a rate that is sustainable. Request that bailiff action is halted immediately as it is detrimental to your health (post-natal depression) and, more importantly, to that of your newborn baby. Inform them that you will follow up the email with hard copies including evidence of benefits etc.

 

2. Copy this email to the appropriate bailiff, ensuring you pair up the right bailiff with the right council! Include a brief covering note.

 

3. Write a letter to each of the councils (Head of Parking Service) outlining what you have said in the emails. Include photocopies of benefit proof, pregnancy, illness - GP letter, prescription etc. Send these signed for.

 

4. Copy the letters to the appropriate bailiff. Send signed for.

 

5. Have a cup of tea.

 

See what the response is and let us know. Don't worry if they aren't helpful at first as there are more things you can do to bring woe upon their heads. Later, you should also write a Formal Complaint to each of the councils CEO detailing what has happened to you.

 

In the emails, don't forget to include appropriate links etc.

 

I'll keep an eye on this thread...

Rae.

[seanamarts]

Excellent advise Kel

 

If you do not have any joy from the councils, let me know and I will fire off a few emails at them

[munksey2001]

Thank you so much for your help. My first stop is to read the National Standards for Enforcement Agencies 2012 and then I will start to contact the main 3 councils and try to get hold of the email address for the head of parking and email all 3 of them then write to the bailiffs letting them now my actions and attaching the evidence etc. Thank you so much. I will head off to the library today and start and will update you later with a template of my letter I have prepared.

 

Thank you much

[brassnecked]

You are in safe hands, as to the bailiffs they should hang their heads in shame, it is almost as if the various companies are in a competition to see who can breach the guidelines the most in their dealings with you. the fact they shouldn't even be involved is immaterial to them, all they want is fees.

 

These PCN's aren't even criminal, as they are council, and you weren't actually the offender. If they threatened prison anywhere in their approaches to you, mention it in your Formal Complaint. In the meantime excellent advice from Kelcou and others, so don't worry, you will be OK.

[Jamberson]

I never lived there I have my own place and yes all the letters were and still are being sent to my mum in laws

 

This is vitally important! Before bailiffs are instructed, you should have been sent certain documents in relation to the PCNs. These were NOT sent to you - it doesn't matter that you went to fetch them from someone else's address - in fact that none of their business. The important thing is that you were not sent them to your home.

 

The bailiffs are acting on a warrant. You can challenge that warrant by completing something called an Out of Time Witness Statement - the aim being to get the warrants revoked. You stand a decent chance of succeeding with that, and if it goes through, then all the bailiff fees will be dropped.

 

Here's what to do: You need to complete forms TE7 and TE9. If you have a printer, you can download them here and print them off:

 

http://www.parkingappeals.co.uk/LinkClick.aspx?link=Documents%2Ftma2004%2FOrder+for+Recovery+TE3.doc.pdf&tabid=196&mid=2139

 

If not, you will need to ask for copies to be sent to you. You will need to phone Northampton County Court and ask them to send you the forms TE7 and TE9.

 

When you have them, fill them in. On the TE7 form, make sure you state ALL the PCN numbers where it asks at the top. Half way down that form, there is a box asking you for your reasons. In there. you should put something like:

 

I was unable to complete this application in time as none of the documentation relating to these PCNs was sent to me. I understand it went to a different address and so I was unable to deal with the matter sooner. I have been living at my current address for xxx years/months and have never resided at the address which the council was using. Please see attached for evidence.

 

If you can, attach a photocopy of something proving you lived at your current address at the time, eg an old council tax bill, rent book, utility bill - something to prove where you lived at the time. (This is not essential but will help.)

 

On the TE9 form, again make sure you give ALL the PCN numbers. Tick the first tick box - "I did not receive the Notice to Owner".

 

Sign and date them etc and post them back to Northampton County Court as soon as you can.

 

(Note - the link I gave you here also includes a TE3 form - you don't need that one. Just ignore it.)

 

What happens then is - the Council receive copies of these from Northampton County Court. They then look at the situation and decide whether they should call off the bailiffs. You have a good case, and there is a good chance that they will - although I obviously can't predict for sure.

 

You can still follow the other advice you have had here, but these forms are the official way to contest the bailiff actions and charges. Let us know if you need any more info/advice.

Edited April 30, 2012 by Jamberson

[brassnecked]

If you follow Jamberson's excellent advice, and it is sound, as the first inkling you had of all this was when the bailiff knocked, not only will all the fees be gone, but all the money you paid to the grabbing bullies at Equita and the other bailiffs, on the "payment plan" will also have to be refunded.

 

Now that would be a nice present for mum along with the new baby.

[Jamberson]

Let's not get carried away though - this is only an application. They council might reject it. Best just to take it one step at a time.

[brassnecked]

Let's not get carried away though - this is only an application. They council might reject it. Best just to take it one step at a time.

True Jamberson, but a positive attitude can work wonders, I'm sure there are other irregularities in the bailiff action we can pick up on down the road if required.

[seanamarts]

I think the first step here would be to inform the councils and the bailiff companies of the vulnerability status. Get the bailiffs called off and to give the OP time to get things together and prioritise the situation.

[wonkeydonkey]

Excellent advice all round from fellow caggers.........you are in very goods hands so stop worrying.

 

WD

[RaeUK]

... so stop worrying.

 

OK, WD, I'll relax now ...

[munksey2001]

Thank you so much everyone my mind is finally being put to rest I was in such a state that I wasn't even opening my windows of my house as I was afraid that a bailiff could then gain access and take what little I have. I will print off the TE forms tomorrow and have got hold of the email addresses for the 3 councils I an dealing with and preparing an email as we speak to all of them. I have photocopied the documents to send in an additional letter too and will post ASAP. Thank you so much from the bottom of my heart

[Jamberson]

You're welcome and keep us posted.