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

[wonkeydonkey]

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

 

You actually worry and need to relax?

 

To be honest Rae ...so many bailiffs over the years so I only worry now if the postman doesn't bring a threatening letter and I'd get lonely if the bailiffs stop knocking at the door. :-)

WD

[munksey2001]

Managed to get hold of the Te9 and 7 forms but wanted to ask if its me that has to sign at the bottom as a witness or do I have to get someone else to sign? Thank you

[lookinforinfo]

As she never received the PCNs and the follow up letters, should she not be asking for forms PE2 and PE3?

[seanamarts]

You can use both.

[Jamberson]

Managed to get hold of the Te9 and 7 forms but wanted to ask if its me that has to sign at the bottom as a witness or do I have to get someone else to sign? Thank you

 

You sign them.

 

That's the key difference between TE7/9 and PE2/3. PE2/3 needs counter-signing by a commissioner of oaths; TE7/9 does not.

[munksey2001]

In regards to the te9 forms I have filled them out but haven't got the date of contravention for the 5 PCN's with equita. Do you think this matters or not, can I just send them off any way as I wanted to get them any off today ASAP. Thank you

[Jamberson]

No, it shouldn't matter. I think you're OK to send them like that.

[seanamarts]

They will know the dates etc from the PCN numbers.

[munksey2001]

Thank you, I sent the te9 forms off today recorded delivery and I've got proof of me residing at my address for each year I've loved here through a council tax bill, gas bill and dep letters. I will be photocopying them tomorrow and sending the te7 forms with the proof of addresses recorded delivery. I have also drafted my email to havering council and have put together all the letters I have ever revived from equita Inc. 2 breakdowns of fees and will send them in the post after emailing them. All I have to do next is email newham and barking and dag council and forward copies to bailiffs also with covering letters. Getting there but by bit but starting to feel a whe lot better.

 

Fingers crossed, but will keep updating

 

THANK YOU

 

It meant to say dwp letters

 

Sorry about the spelling it's the phone I'm using

[Jamberson]

It sounds like you might be treating the TE7 and TE9 forms seperately - when you post them, make sure you post both together. One form supports the other.

[munksey2001]

I have sent them separately will this gave an effect on my chances? There was 5 PCN's which is 2 forms each so I've sent off 10 in total as I sent the other TE form off today with the proof of address evidence

 

That's 10 separate envelopes I've sent off in total

[Jamberson]

Yes, this could cause problems. Just a TE7 is unlikely to be processed, and just a TE9 is unlikely to be processed. It depends whether the various staff at TEC who open the mail realise what is going on and put them all together for you.

 

Are you able to fill them out again?

 

Use one TE7 and list all the PCN numbers at the top. And use one TE9 and list all the PCN numbers at the top. Send them together in the same envelope, with your supporting documents.

 

If you do that, I think you will be fine. If not, it might cause complications.

[munksey2001]

Going to get the 2 forms printed off again tomorrow and send them off altogether with evidence. Thank you

 

Thank you for letting me know and I agree JBW were so rude on the phone and threatening it put me off ever speaking to them again. I have sent the TE forms off with evidence together recorded delivery and

 

yesterday I emailed havering council and know will be emailing equita with a brief cover note attached and sending all evidence in the post to havering council. Newham and barking and dagenham are my next Port of call to email over the weekend. Thank you all so much

 

I need some help ASAP I have received a letter today just now posted by total mail from why're and co saying

Take Formal Notice

Warning of further legal action

It then gives details of the fine and states I owe £506.44 even though I have my £100 payments towards this already)

 

My vehicle had been assigned to out bailiffs for removal

This may involve a clamping unit immobilising my vehicle prior to it's seizure for sale at public auction.

be advised that such action will involve additional costs of approx £300

This latest will give me one last chance to OAU the liability before such action is taken....

 

What shall I do? I gave done a te7 and 9 form to send off today recorded but they have got my actual address now so could wake up to a clamped car!!!!

Please help me. Thank you

 

From whyte and co sorry posted via royal mail

[Jamberson]

As soon as TEC get your forms, they should instruct the council to instruct the bailiff to put things on hold. You are in that tricky window when you have done everything you can, but your case won't have been processed yet - you only sent it today.

 

There is the issue of the papers you sent a couple of days ago - they could yet be logged and the case suspended.

 

Meantime, your options are:

 

1. Call the council and try and tell them you've already submitted your witness statement to TEC and try and pursuade them to put the bailiffs on hold.

 

2. Call the bailiffs and tell them the same.

 

3. Make sure your car is hidden away from the house so they are unkely to find it.

 

Your papers should get processed during the coming week and then there will be some breathing space, before the council contact you.

[munksey2001]

Just to update you that I received back today the original te9 forms and was asked to re send them along with the te7 forms together with an explanation etc. This Is what I have done already so in the mean time I'm hiding my car away for a bit a pray really. Sent it off with proof of each year I haveli ed at my address for (since 2009) so I'll update ASAP hopefully. Thank you

[munksey2001]

Just to say that sent the forms off. TEC came back to say I can't use 1 form for 5 different PCN's so had to fill out five forms for TE7 and 5 for the TE9 and faxed them in the end. Today I got a letter saying any PCN's received before 31st match 2008 have to be filled out on PE2 andPE3 forms but I got the PCN just last year but can't remember

The date. Emailed TEC and see what they have to say

[Jamberson]

Oh, this is ridiculous. I have seen countless forms with multiple PCNs on - it simplifies things. I wonder why they are being so awkward. I've just read back over the thread a bit and noticed that there may be three different councils involved? That could be why.

 

And they won't accept one of them unless you use a PE2 and PE3? I suppose you will just have to do it the way they say. Trouble with the PE2/3 forms are that when you sign them, they need to be witnessed before a commissioner of oaths. You will need to take them (completed but unsigned) down to the desk at your local county court and ask them to witness them for you. You have to swear an oath and sign them in front of the desk officer, and they will stamp them for you. Then you can send them off to TEC.

 

Well done TEC for making things stupidly complicated!

 

In terms of finding out the dates of the PCNs, a phonecall to the relevant council(s) would be quickest.

[munksey2001]

The 5 PCN's were all from the same council. I'm going to pop to my county court tomorrow to get the PE forms done but it is so annoying and they are making it really difficult. Getting there though and still awaiting a reply from the councils who I emailed

[Jamberson]

Keep us informed.

[munksey2001]

Will do jamberson, thank you again

[tomtubby]

I am sorry everyone but I have not posted on this thread as I have been so busy finishing my response to the Consultation Paper on Bailiff Reform that closes next Monday.

 

EXCELLENT advise from everyone here but can I please correct a few mistakes:

 

JAMBERSON

 

Personally, I would agree that Out of Time Applications are the correct way forward. All enforcement will now be on hold for approx 7-8 weeks and bailiff action must cease.

 

Let me assure you that from a GREAT DEAL OF EXPERIENCE with TEC they do not try to make such applications difficult. Instead....they try to make them IMPOSSIBLE. The reason is simple. Each local authority have to pay a "registration fee" of £7 for each PCN. TEC last year processed approx 1.7 million registrations and received approx £13 million from their local authority CLIENTS !!!

 

As long as you always remember that their CLIENT is the local authority you cant go wrong !!!

 

Next....It is beyond belief that they are continuing to ask that for some camera enforcement cases that they require the PE3 & PE3 to be completed. Complete and utter blxxdy nonsense.

 

Point One: TEC stopped accepting "multiple" PCN's on the same form at least 3 years ago. Individual forms are needed for EACH PCN.

 

Point Two: On the bottom of both the TE7 and TE9 there is a box for the signature. If the forms are sent by email TEC accept the forms with the name TYPED.

 

Point Three: On both forms the vehicle owner only needs to provide the PCN number and VRM (vehicle registration number). You do not need to provide the date or location of the contravention.

 

Point Four: It is ALWAYS the case that the completed forms should be sent to TEC by EMAIL.....and as long as the forms reach TEC by 4pm they will be processed that same day. Sending by post should be avoided at all cost as the forms can take up to 5 days from the date of posting to be processed by TEC.

 

MUNKSEY.

 

Can you let us know how old your car is and roughly how much it is worth. Also, is there any finance on the car?

 

Due to Munksey's vulnerability, I hope that nobody minds if I send a PM to her to offer to assist with the forms.

[munksey2001]

My car is a 51 plate peugeot 206 but is not in great condition in regards to the body work and I reckon is worth around £500 due to a start up problem it has.

 

With the PCN they wanted me to complete the PE forms I emailed them to say that the parking contravention happened last year 2011 not before march 31st 2008 so do not see why I have to complete the PE forms but will if I have to and scanned the letter they sent to me and attached it to the email and await there reply.

 

The five separate PCN's that I have re done on all individual TE forms and attached a proof of address for each year I have lived at my property (2009,2010,2011 and 2012) I am going to do recorded delivery but could try to do them by email today by 4pm. The other 2 I sent which are PCN's with Newham council I have not heard anything back from so I'm hoping they are all ok and await to hear back from TEC. I did fax TEC too with the 5 sets of TE forms but are going to do recorded delivery also.

 

Please feel free to ask me any questions

 

Thank you

 

There is no finance on the car, sorry forget to mention

[seanamarts]

No problems here with you assisting TT.

[Jamberson]

 

Point Four: It is ALWAYS the case that the completed forms should be sent to TEC by EMAIL.....and as long as the forms reach TEC by 4pm they will be processed that same day. Sending by post should be avoided at all cost as the forms can take up to 5 days from the date of posting to be processed by TEC.

 

 

If TEC are insisting that she use the PE2/3 system, the forms need to be counter signed and stamped. How do you suggest they are emailed? Are you saying they should be scanned and pdfs sent on?

[tomtubby]

Jamberson.

 

It never ceases to amaze me WHY they continue to use the PE2 & PE3 !!! If the vehicle owners car has ben clamped it is impossible to get transport to take the form to a solicitors to witness ( £5 swearing fee will be applied) or to the local county court.

 

With the PE2 & PE3 we nearly always suggest that the signed form is then scanned and sent by email and to be on the safe side...sent by FAX or post as well.

 

As many on here will know, we have a commercial business and have assisted with quite a few thousand Out of Time Witness Statements and we find that probably one application out of 25 is one where TEC require the PE2 & PE3. It is for this reason that we will ALWAYS suggest completing the TE7 & TE9.

 

If the TE7 & TE9 are submitted by email and are the wrong forms, TEC will send an email back to advise that they cannot process the application as it was on the wrong form and they will then provide a link to the correct form.

 

Also, although TEC "claim" that the PE2 & PE3 are for contraventions that took place before 2008...this is NOT strictly true. On yesterday we were advised by TEC that an application needed to be on the PE2 and the contravention was a TFL one from last August. As I have I said many times.......TEC make their own rules as they go along and the place needs SERIOUS investigation !!!