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Hi guys.

 

I've done some swotting up all over the web but just wondered if anyone could help with something I can't seem to find an answer for.

 

Got 3 outstanding pcns from 2 years ago.

 

I've just moved back to my home address after working away and I'm trying to sort out my finances.

 

I contacted the council last month with a £100 cheque and a query about what was outstanding.

 

They cashed the cheque and then wrote back to me saying I had to contact Equita/Marstons re the other tickets

- and gave me a breakdown of amounts.

 

Marstons - 95

Equita 413!!!!

 

that was only a couple of weeks ago,

payday is due again and

 

I thought OK I will try and pay the council directly with another £100.

 

Too late..

 

. Marstons turned up at my house and posted a note (2pm) while I was at work.

 

Didnt get home til late that night and thought OK I will ring them in the am.

 

Too late again...

 

. I heard noises outside at 6.30am while I was getting ready for work and saw they were clamping my car.

 

Then knocked on my door and I said,

 

why did you clamp it

- why not just knock

- the lights are on?

 

He replied - its health and safety!!!

 

they extorted nearly £400 from me to remove the clamp

- I had to get to London quickly so had no choice but to pay.

 

I've complained to the council and intend to go through the small claims track to get my money back.

 

I've asked the council to return the other debt from Equita which I don't think they will do.

 

Question is, what do I do when Equita turn up?

 

Can I challenge the fees prior to paying them?

 

I am going to have to hide the car for now which is a massive pain as there is nowhere nearby to hide it

- but I'm stressing at 6am every morning waiting for them to knock.

 

I guess I could transfer ownership of my car but that could create some other issues I guess like insurance..

 

I had no problem paying what I owe but theres no way I am lining Equitas pockets.

 

Can anyone offer any help?

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Have you checked to see if the Bailiff(s) are suitably Certifcated? Have you been left a Notice of Seizure? Have you been left a breakdown of fees? If not then here's an example of what to send, use and adapt at will. Send initially by email followed by a copy in the post.

 

"From:

My Name

My Address

 

To:

Acme Bailiff Co

Bailiff House

 

Ref: Account No: 123456

 

Dear Sir

 

With reference to the above account, Can you please provide me with a breakdown of the charges.

 

This includes:

a - the time & date of any Bailiff action that incurred a Fee.

b - the reason for the fee.

c - the name(s) of the Bailiff(s) that attended on each occasion a Fee was charged.

d - the name(s) of the Court(s) the Bailiff(s) was/were Certificated at.

e - the date of the Certification.

 

This is not a Subject Access Request under the Data Protection Act S7 1998 so does not incur a fee of £10. You are obliged to provide this information.

 

I require this information within 14 days.

 

Yours faithfully

 

Ripped off customer"


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thanks for that already sent that to marstons.... ive read that if you settle the debt with the debtor the bailiff can't use the warrant to recover his own fees? Is this correct?

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I have another thread running where I have asked if anyone knows under what rule/regulation/law that allows them to clamp for an unpaid PCN. To date no one has come with an answer. In your case I would contend the Bailiff has acted unlawfully as he clamped the car before making the levy plus not giving you the option to be able to pay until he added extra fees. Now having said that I have to be honest and say PCN's are not my forte so stand to be corrected on what I have said but thought it may give you an idea of what they may have done wrong. As to your question this may be confused with Council Tax.


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