Equita Issue - Clamp

[theldb]

Hey All,

On the 2nd May I awoke to discover a clamp fitted to my car at about Half 7 in the morning and a letter pushed through my door from Equita Bailiffs.

The reason for the clamp was a parking ticket which I did not dispute, but was awaiting contact in order to make an arrangement to pay it as i'd been unable to reach an agreement with the council prior to it going to court.

Equita claim to have sent a letter and had someone visit on the 8th April but i'm strongly disputing this and nothing was pushed through. Allegedly they have a description of my property but this hasnt been forthcoming.

As a result on the day I had to pay the bailiff the following amount to release the car (which incidently wasnt registered in the name on their records):

Original Debt: £112.00

Initial Letter: £11.20

First Visit Fee: £35.00

Second Visit Fee: £45.00

Attendance Charge: £167.00

Card Payment Fee: £1.25

VAT: £51.89

Total: £423.34

I have written to Equita on the 29th May and have told them I believe this is excessive, which they have obviously disagreed with. In addition I also pointed out that there had been no contact, and that I am prepared to commence legal action 28 days from that date, which apparently they're prepared to defend.

I'm just wondering if anyone knows if their actions violate either Distress for Rent Rules 1988 or the Fraud Act 2006. The Police believe it's entirely a civil matter apparently and the CAB have been no use either. Any known options available to me would be greatly appreciated.

Thanks

[ploddertom]

Did they give you dates for each time they added a fee? Have you now paid this in full?

[theldb]

Did they give you dates for each time they added a fee? Have you now paid this in full?

 

Yes I had to pay it in full on the day or apparently a van was coming to take the car. The dates the charges accrued weren't given, just what they were all for

[letsmakeamark]

If the warrant is live you cant do alot about it. However if you have the warrant revoked you can do alot. You can chase around for the fees etc but you will not get any where unless the authority under which the fees were charged is revoked.

[ploddertom]

The dates the charges accrued weren't given, just what they were all for

 

In that case you need to write and ask they also give the dates. I am struggling with your reasoning for having let it get to this stage as you say you disputed it with the Council and were waiting to reach an agreement before it went to Court - can you expand on that? Is it because you knew nothing of the original ticket? Had you moved after the ticket was issued? I'm not being critical but wondering why it was left to go to the Bailiff?

[theldb]

The original ticket was issued in July last year. I initially didnt know about it. I then had a letter, asked the council for the proof which they had a photograph and so couldnt dispute it any further.

 

But...at the time I wasnt working and couldnt afford the increased fee. The council wouldnt accept any payment options however because I wasnt in receipt of benefits. Hence why I was waiting to make an arrangement with the bailiff as I knew payment options would be available.

 

Had the bailiff acted correctly, I would have only ended up paying the debt and the letter fee, which I would not have had a problem with. My argument is that they didnt, and so levied these charges unreasonably

[ploddertom]

Is there a reason you did not know about it? Was the ticket issued by post? had you moved recently?

[theldb]

Is there a reason you did not know about it? Was the ticket issued by post? had you moved recently?

 

No idea I was just sent a postal notice and by that time it was at the higher price. I'm not trying to get out of paying the ticket though?

[letsmakeamark]

Do a out of time witness statement and be very quiet about it.

[renegadeimp]

How many times did these bailiffs come to your home?

[theldb]

How many times did these bailiffs come to your home?

 

Well they're saying 3 times by the looks of the charges but in actual fact it must only have been the day they clamped the car. That's the only day a letter was pushed through and it was done at some point before 7 on the morning.

 

I wrote to them to complain and was told they wouldn't discuss it any further but do have a receipt.

[theldb]

Do a out of time witness statement and be very quiet about it.

 

What's that?

[renegadeimp]

So they are adding on unlawful charges... again. Equita are well known for this.

[theldb]

So they are adding on unlawful charges... again. Equita are well known for this.

 

I believe so yes, I've submitted a complaint to Action Fraud but i'm not sure what else I can do?

[renegadeimp]

Well, you need to make sure they did turn up the amount of times they said. Equita are very well known for front loading the entire amount of charges on the first visit. Even though they are NOT allowed to do so.

[brassnecked]

Well, you need to make sure they did turn up the amount of times they said. Equita are very well known for front loading the entire amount of charges on the first visit. Even though they are NOT allowed to do so.

 

Equita are under investigation by Northampton trading Standards for illegal fees

[ploddertom]

Equita are under investigation by Northampton trading Standards for illegal fees

 

I suspect that has died a death as this has been mentioned on more than one occasion over the last 2 or 3 years and although the wheels may turn slowly I would assume this is slower than a snails pace. Of course I could be wrong if anyone if anyone else knows anything.

[theldb]

Well, you need to make sure they did turn up the amount of times they said. Equita are very well known for front loading the entire amount of charges on the first visit. Even though they are NOT allowed to do so.

 

This is interesting. Any suggestion as to how I can prove this?

[tomtubby]

The original ticket was issued in July last year. I initially didnt know about it. I then had a letter, asked the council for the proof which they had a photograph and so couldnt dispute it any further.

 

But...at the time I wasnt working and couldnt afford the increased fee. The council wouldnt accept any payment options however because I wasnt in receipt of benefits. Hence why I was waiting to make an arrangement with the bailiff as I knew payment options would be available.

 

Had the bailiff acted correctly, I would have only ended up paying the debt and the letter fee, which I would not have had a problem with. My argument is that they didnt, and so levied these charges unreasonably

 

 

Your post above makes interesting reading. You say that "if the bailiff had acted correctly "that you would have only ended up paying the amount of the PCN £112) and the letter fee £11.20).

 

Personally,the days in which a bailiff agreed to just take the debt and letter fee are long since gone. Once a bailiff has a warrant he will of course visit the property and attempt to seize goods ( in this car your car).

 

If you could not pay the local authority I am at a loss to understand why you would have waited for the case to go to a bailiff as by this stage, the debt would have increased substantially ( as indeed it has).

 

The correct fees on a PCN at £112 is 1st visit fee £34.97 and the 2nd visit at £44.29 (plus vat)

 

Of course a bailiff may only charge fees for visits that have been made and you need to ask for a copy of the screen Shot of your account as proof.

[theldb]

Your post above makes interesting reading. You say that "if the bailiff had acted correctly "that you would have only ended up paying the amount of the PCN £112) and the letter fee £11.20).

 

Personally,the days in which a bailiff agreed to just take the debt and letter fee are long since gone. Once a bailiff has a warrant he will of course visit the property and attempt to seize goods ( in this car your car).

 

If you could not pay the local authority I am at a loss to understand why you would have waited for the case to go to a bailiff as by this stage, the debt would have increased substantially ( as indeed it has).

 

The correct fees on a PCN at £112 is 1st visit fee £34.97 and the 2nd visit at £44.29 (plus vat)

 

Of course a bailiff may only charge fees for visits that have been made and you need to ask for a copy of the screen Shot of your account as proof.

 

Well thanks for that but it makes no difference now. Fact is I waited, now it's a question of their misconduct and recouping some of the charges.

 

That I'm envisioning could be in the form of proving the phantom visits (suggestions appreciated) or pursuing the matter in court.

[renegadeimp]

If they visited then they are meant to supply a sealed letter posted through your door to state that they have come.