Help needed Re Equita and none payment of Parking ticket

[rudeyjudey32]

Hi, ive just stumbled upon this site and fingers crossed someone can help me.

 

I recived a letter from Equita Baliffs some weeksago regarding an outstanding parking ticket i occured from Manchester Council, This was the first correspondence i received and immeadiately rang them to advise that as a single parent on benefits inc disability for my son, i was unable to pay in full. Equita stated that i had no other option than to pay in 2 instalments which was not possible.

 

I then wrote to Manchester Council and advised them of my situation some 3 weeks ago and sent a copy to Equita, i told the council that i was in no way trying to avoid the fine but Equita wouldnt accept payments so had no one to pay.

 

This morning a baliff came and blocked in my car, said i had half an hour to pay £378 or a tow truck was on its way at a cost of an extra £200, i immeadiately rang the council where a gentleman asked me if i had recieved any correspondence from street management (WHO??) he gave me the number for court and said if i rang and said i wanted to appeal a trafic enforcement that they would contact tthe baliff and tell him to leave. I rang the number given and was told that the info given was incorrect and would infact take at least 24 hours for the court to email me the documents and read them and make a decision. At this time the baliff is stood at the door telling me the transporter was nearly here. I rang the council back and spoke to a different person and again told him of my circumstances and he said there is nothing we can do, unless you let him take your car and then if court decided in your favour you can get your car back at no cost, he also said if i paid the £378 i was admitting liability and nothing further could be done. The children were all hysterical, i was scared and upset so i got a friend to transfer me the money and i paid the bailiff £390 he charged me £12 as the transporter had set off to my house.

 

Looking on this site i have noticed people mentioning breakdown of fees? i have at no time recieved any notification of fees, 2 letters i have from Equita just states an outstanding amount and one states no amount. I never asked the baliff today as i just wanted him gone. He had a change of personality after i paid him and asked me what the court and council had said, he then commented that once he had been instructed that there was no one possible to stop him or he would have etc etc blah blah

 

I told the baliff of my situaution ie single parent on benefits, son with disability need car for hospital trips etc but to no avail, not to mention i am currently 16 weeks pregnant of which i found out 3 weeks ago my baby had not survived from week 8 and am currently awaiting a natural miscarriage.

 

Is there anything i can now do? i have had to borrow the money off a friend who needs in back in 3 days time of which i am then going to have to pay her with my housing benefit so am now unable to pay my rent, can anyone help, thanks in advance

[padja]

I dont know enough about this side of parking offence, however you must tell landlord about not paying rent, but wait until people have further advised.

[gazhodge1981]

When you parked was it on double yellow lines? A car park?

Do you have a disabled badge for the car?

You you own the car or is it on finance?

Sorry for all the questions.

[rudeyjudey32]

When you parked was it on double yellow lines? A car park?

Do you have a disabled badge for the car?

You you own the car or is it on finance?

Sorry for all the questions.

 

It was parked In a parking bay on a side street, was 5 minutes late back due to 1) not knowing the area (had gone to nearest apple store for a repair) and 2) had my friend and her 3 month old daughter and had to stop and feed her on way back to find car.

 

My dad owns the car ( he purchased it) but im the registered keeper as he moved to Spain and registered me for obtaining tax etc.

 

I receive lower rate mobility so don't have a Disabilty badge/vehicle

 

Thank you

[brassnecked]

Lower rate mobility DLA, you are a single parent also, you are most likely vulnerable under the Guidelines, so Equita and the council should treat you as such:

 

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

.

Vulnerable situations

•

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,

'

 

In these circumstances bailiff action is inappropriate

 

Send proof of the DLA to the council AND Equita, along with a Formal Complaint to CEO, Leader,councillor and MP that your vulnerable status was ignored, you could also complain to OFT about Equita, regarding their CREDIT FITNESS to hold a Category F licence.

 

Others will no doubt be along to help soon

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

[Jamberson]

I can't honestly see you getting your money back within three days. I agree with the above, that if you anticipate not being able to pay the rent, it would be best to keep everyone (landlord etc) in the loop so they know the predicament you have.

 

There is a mechanism by which you can try and get a refund through the usual channels. It depends on your situation as to how likely it is to work.

 

The key issue is, the council is obliged to send out a series of documents to you before the bailiffs call out. If there is a reason why they would not have arrived, you should definitely pursue it. It's called an Out of Time Witness Statement or an Out of Time Statutory Declaration.

 

The question is - did you receive the council documents? And if not, do you know why - eg, have you moved house recently? The council would almost certainly be sending the documents to the name and address held at DVLA on the day the parking ticket was issued.

[rudeyjudey32]

Hi

 

Thanks for that, could you direct me to a template? so can get an idea of what to write

 

Thanks

[rudeyjudey32]

Is that the FE2 and FE3 that the council man asked me to obtain from the courts? I spoke to the courts while the baliff was at the door and they said they would email straight across and i could send straight back with a digital signature. As yet i havn't recieved them

[Jamberson]

Yes, that's right. It's actually the TE7 and TE9 forms you need now.

 

You can get copies here, if you have a printer:

 

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

 

(Ignore the TE 3 form, you don't need it.)

 

On the TE9, tick box 1 and fill in the rest.

 

On the TE 7 you need to give a plausible reason why this is being filed now - after the event, and not sooner. You should explain the situation in the box on the form - just concentrate on why the forms were not filed earlier - don't go into the PCN itself, it's not relevant at the moment.

 

Get the forms to Northampton County Court, then it will be up to the Council whether to accept them, depending on why they are late.

[rudeyjudey32]

Can i claim back the amount paid (well the baliff fees anyway) on the grounds of been in the vunerable catergory? I advised both the baliff and council today and the council by letter weeks ago but have been told basically tough!

[Jamberson]

No, not through this process you can't. That would be a separate avenue to explore. To do the TE7/9 you need to have not had earlier chances to deal with this (ie, no contact pre-bailiff). If that's true, then I would go for both angles.

[rudeyjudey32]

and what about the fees he has charged? ie £120 fine just cost me £380! should i persue this as well as the 2 avenues above?

[rudeyjudey32]

Last question! the letter handed to me by the baliff stated that i had 24 hours to make payment, when in fact i was given half an hour. The baliff said the 24 hours is for people who arent in?

[Jamberson]

Don't know about the letter issue, but to answer your previous question, if you did file an Out of Time using the forms you have, then you would normally get everything refunded, assuming it goes through OK. It can take several weeks though and still could be rejected. Still, it's free so worth a try.

[tomtubby]

This enquiry has made me so angry.

 

You say that this is the first that you knew about this. Do you mean that you did not know anything about the ticket? If so, you could have simply filed an Out of Time Application (TE7 & TE9) with the Traffic Enforcement Centre. The forms are nearly always dealt with by way of email and are processed on the same day if submitted by 4pm. You should not have needed to wait until the form was sent to you by post!!

 

There are so many issues here that I am sure that I will forget something.

 

Firstly, the letter from the bailiff is CRUCIAL in that it provides clear proof that had 24 hours in which to pay.

 

Next, without knowing whether you had received previous notices, I cannot comment on whether the correct process had been carried out. HOWEVER, it would seem quite clear that the COUNCIL are very much at fault here because once you had explained your situation to them the council are obliged to take into consideration section 11.4 of the Operational Guidance to Local Authorities where the Secretary of State advises all councils that they have a discretionary power to cancal a PCN "at any point during the civil parking enforcement process" and that this may be done even when an undouted contravention has occured and furthermore; this paragraph confirms that "local authorities have a duty to act fairly and proportionately" and that they are "encouraged to exercise their discretion sensibly and reasonably"

 

If the council are in any doubt about this then you should carefully read the highly critical report form the Local Government Ombudsman i the case of Bexley Council !!!

 

You are clearly classed as "vulnerable" and the council have acted very badly and it would seem that the bailiff has done to same.

 

The ONLY way in which your friend can get a refund is by making an immediate application for a "chargeback" against her card provider. She would need to have some grounds in which to do this. If you can respond to advise whether you had known of this PCN that would assist me.

 

Lastly, I hate to make things even worse for you but you fell for the common "story" of the "van being on its way".

 

How much is your car worth (roughly) and is it on finance?

[rudeyjudey32]

This enquiry has made me so angry.

 

You say that this is the first that you knew about this. Do you mean that you did not know anything about the ticket? If so, you could have simply filed an Out of Time Application (TE7 & TE9) with the Traffic Enforcement Centre. The forms are nearly always dealt with by way of email and are processed on the same day if submitted by 4pm. You should not have needed to wait until the form was sent to you by post!!

 

There are so many issues here that I am sure that I will forget something.

 

Firstly, the letter from the bailiff is CRUCIAL in that it provides clear proof that had 24 hours in which to pay.

 

Next, without knowing whether you had received previous notices, I cannot comment on whether the correct process had been carried out. HOWEVER, it would seem quite clear that the COUNCIL are very much at fault here because once you had explained your situation to them the council are obliged to take into consideration section 11.4 of the Operational Guidance to Local Authorities where the Secretary of State advises all councils that they have a discretionary power to cancal a PCN "at any point during the civil parking enforcement process" and that this may be done even when an undouted contravention has occured and furthermore; this paragraph confirms that "local authorities have a duty to act fairly and proportionately" and that they are "encouraged to exercise their discretion sensibly and reasonably"

 

If the council are in any doubt about this then you should carefully read the highly critical report form the Local Government Ombudsman i the case of Bexley Council !!!

 

You are clearly classed as "vulnerable" and the council have acted very badly and it would seem that the bailiff has done to same.

 

The ONLY way in which your friend can get a refund is by making an immediate application for a "chargeback" against her card provider. She would need to have some grounds in which to do this. If you can respond to advise whether you had known of this PCN that would assist me.

 

Lastly, I hate to make things even worse for you but you fell for the common "story" of the "van being on its way".

 

How much is your car worth (roughly) and is it on finance?

 

 

 

 

Hi, thanks for your reply. The car is worth approx £2000 and I not on finance, it was purchased by my dad but on him moving to Spain for 2 years he give me full use of the car and made me the registered keeper for taxing etc

 

My friend transfered the funds to my account as we're both Natwest and I paid on my card. I received the ticket on my car and totally forgot about it, the next notification I received was from equita asking for £100 and something pounds of which I rang straight away and advised of my situation and that I couldn't pay in full, to no avail.

 

Looking back now the bailiff was lying yesterday about the transporter, he said it would be here in half an hour from Huddersfield (which is 20 mins from my house) 30 minute later he made a big deal out of canceling it, saying he didn't think it was possible and then finally miraculously managed to cancel at a charge of £10 for the distance it has travelled.

 

I have today written to equita and the council to complain about 1) the ridiculous fees charged and the fact I was given no breakdown 2) the fact that I fall into the vulnerable category and thirdly that I have received no response from Manchester council from my letter sent almost a month ago . Not sure who I should peruse for costs back? The council or bailiff? And how can I claim back from my bank? Thank you so much once again

[brassnecked]

Nothing to add to the excellent advice given, by Jamberson and tomtubby but for completeness, is Manchester a Capquita council? this may be pertinent if the matter gives rise to a Formal Complaint, as capita do back office work for some councils, and they happen to own yes Equita. I would write to Mp and contact local councillor as a matter of urgency also, so they can ask questions about ignoring a vulnerable situation.

[Jamberson]

 

I received the ticket on my car and totally forgot about it

 

 

Not a problem. You don't need to respond to it at that stage if you don't want to.

 

the next notification I received was from equita asking for £100 and something pounds of which I rang straight away and advised of my situation and that I couldn't pay in full, to no avail.

 

This is where you might have solid grounds for the TE7/9. Can you give a reason why you would not have received the communications from the council prior to Equita chasing the case? You must explain fully why that would be when you fill in the forms.

 

Meantime, can you tell us what the situation was? Is the car not registered correctly? Were you away? Have you moved house? etc...

[tomtubby]

Thank you for providing further details about the car. As many people reading this response will know, the registered keeper is "assumed" to be the owner of a vehicle. However, in all of the regulations the following 5 words are crucially important: UNLESS THE CONTRARY IS PROVED. Therefore, in your case, the car is "assumed" to be yours but you can provide evidence that in fact, the true owner is your father.

 

Almost certainly your complaint should be made to the council and you MUST refer to section 11.4 of the Operational Guidance to local Authorities (which I have given details about in my earlier post). This is because the Ombudsman has already made a public report against Bexley council for failing to consider this particular section. You must ensure that your letter is clearly marked as a Formal Complaint and if rejected, you are then able to ask for the complaint to be considered by the Ombudsman.

[rudeyjudey32]

Thank Tomtubby, how would I go about doing a chargeback ?

[tomtubby]

You cannot do a "chargeback" yourself. This must be done by the card holder.

[old bill]

Due to the conduct of the bailiff and Equita, I would be inclined to make a formal complaint to the OFT Credit Fitness Team as Equita hold an OFT Debt Collection Licence. You need to send a complaint by email to [email protected] and insert CREDIT FITNESS in the subject box. Give a clear and concise resume of your complaint. You need to quote the following details in your complaint -

 

Company Name: Equita Limited

Credit Licence No.: 483020

 

Report this incident to your local Trading Standards Department as well as OFT Credit Fitness Team. The bailiff has committed a number of breaches of the OFT's Debt Collection Guidelines. I am attaching copies of the National Standards for Enforcement Agents and OFT Debt Collection Guidelines. Quote any breaches of the Guidelines in your complaint to the OFT and Trading Standards.

 

I am also attaching copies of the Enforcement of Road Traffic Debts (Certificated Bailiffs) Regulations 1993-2003. These contain the fees Equita are allowed to charge. You can mention the Regulations when complaining to OFT and Trading Standards.

OFT Debt Collection Guidelines (2011).pdf

national-standards-enforcement-agents.pdf

Enforcement of Road Traffic Debts (Certificated Bailiffs) Regs 1993.pdf

Enforcement of Road Traffic Debts (Certificated Bailiffs) Regs 2003.pdf

Edited August 2, 2012 by old bill

[Feebee_71]

You cannot do a "chargeback" yourself. This must be done by the card holder.

 

Tomtubby,

 

From the additional information posted by the OP it was she who paid the bailiff using her own card after her friend transferred the money into her bank account.

 

Feebee_71