Equita parking Fine

[mcknat]

Hi, have seen a few posts but not sure which path to follow.

 

I have a parking ticket in my husbands name ( car registered to him) which I have not dealt with and now the Bailiffs are sending letters.

It looks like it has gone to County Court - they have a warrant for removal of goods and have advised that they will return within 7 days ( date unspecified) and would prefer if he were at home ( how when we do not know they are coming I do not know).

There is no amount specified

They are threatening to 'return' to remove goods.

The letter is signed with a name rather than 'Bailiff in Charge' etc

 

What is my best course of action? Obviously the debt must be paid but I know any plan I put forward would be laughed at and also at the moment we have no spare cash.

Recently paid one from around about the same time which had escalated to £450 - they caught me as the door was open - (it was a hot day) luckily I had some friends who helped me out.

 

I was thinking to re-register the car in my name to buy time and to offer a payment plan but I do not know if it has gone too fa. Unfortunately I should have dealt with this a long time ago but due to personal issues let t slide and I have a feeling there may be another one lurking.

 

Current financial situation is that my husband works full time, I am 'self employed' although not making any money as such.

His wages cover all our outgoings ( JUST) we are also in an IVA which has run for 1 year to date.

 

I have read about denial of access.... Does this actually work? Should I try this?

Can anyone help?

 

Yours desperately

 

Mcknat

[Jamberson]

Is this for a council-issued PCN?

[mcknat]

Hi I really can't remember - Actually yes it is Greenwich Council but think it goes as far back as last year

[dx100uk]

equita ??

 

unusual for them to be operating on behalf of a council parking scheme?

 

dx

[Jamberson]

It is very important in terms of what your rights are.

 

If it is a council PCN then the keeper will be liable and might possibly be able to contest the charges, depending on circumstances.

 

If it was Greenwich Council,

they should have sent him three pieces of official documentation before the bailiffs were instructed.

 

Did he receive these, and if not, do you know why (eg, was the council writing to the wrong address)?

[mcknat]

Yes definitely Equita and definitely Greenwich Council.

 

I do not know why it has got to this stage.

 

In all honesty I asked him to reply saying that I was the driver so that I could contest using Pepipoo suggestions etc

but he never did and I never followed through and now we are at this dire stage.

 

...he was diagnosed with depression last year which kind of lead to a lot of unopened post etc etc

but regardless of the personal issues is there any way around this?

[Jamberson]

If he is named on the documents from the council, and they were sending them to the correct address, then your chances of contesting are slim.

 

Did he receive the council documents? You said you asked him to reply, which suggests he did.

 

By the way, if Pepipoo told you that naming you as the driver meant you could contest it, then they are talking nonsense. The registered keeper has to contest it - it's irrelevant who was driving.

 

What to do? I don't know - do you know what documents he received?

[mcknat]

Hi thanks,

no I do not know what documents he received. I am guessing everything i.e. the notice of court action and everything.

Is it worth - sorry for the delayed response our little girl was in hospital fro he last few days and just got home late last night. Is there anything I can do to delay the action by the bailiffs?

Except for avoiding opening he door etc?

[Jamberson]

The only thing you could do - actually, he would have to do it - is file a witness statement claiming that he did not receive the Notice to Owner from the council. It would not be false if there is genuine uncertainty over the issue.

 

If he decides to do that, then the case will go on hold for maybe a week or two, but if the council were writing to the correct address from the start, then they will almost certainly reject the application and resume bailiff action. Still, it will buy you a little time.

 

The other thing you could do is speak to the bailiffs. Tell them your financial situation and ask for time to pay or a payment plan. They don't have to say yes, but they might.