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Equita clamped vulnerable daughters Car - RE: driving in a bus lane PCN


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I am hoping some of you can help me,

 

my daughter has had 3 bailiffs letters re a parking offence,

 

she doesn't deny that she owes some money and

 

she has good cause re not dealing with it,

she is being treated for depression and is currently in fear of her life due to violent former boyfriend,

 

she has made statements to police and is going to be a witness in the court case, despite threats from him.

 

I wrote a letter ( on her behalf) to equita and explained her situation

and informed them that the situation came under the vulnerable debtors, clause and

asked them to send the debt back to the council,

 

I have sent the letter twice, had an email acknowledgment ,

 

however all they did was write back,

gave a breakdown of charges and ignored the vulnerable debtors bit

and told her she could expect a call from them anytime within the next 7 days

and they would clamp her car,

 

she is frightened enough about knocks on the door ( with violent ex)

 

Can anyone advise what to do next?

Thanks

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Move the car at least 10 mins walk away or at least out of sight.... Then if they cant find it they cant levy it...

Thats best for now.

 

On top of this my suggestion would be... Advise the council direct. Tell the bailiffs to disappear... Dont let them into the house... Simple.

I know its scary dealing with Equita (Owned by Capita) by read some of the forums here and youll see how people have dealt with them

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Hi the best thing to do is put it in writing, get it sent RD RM. Sorry to hear re her situation, But with MH issues the Bailiff still has to attend and will continue to increase her debt.have you written to the courts fine officer to explain this situation yet?

 

 

Have you asked if the fine officer can make a new payment plan? Also is she in receipt of benefits, if this is the case they can do a direct payment from them each week.

 

 

Was she aware of the case against her? why has she not paid. AS A Court fine is PRIORITY, as you can get sent to jail for non payment, (unlikely) but possible.

Please be aware of the new rules coming out this April. This needs sorting ASAP but you really should speak to the fines officer as well.

 

 

But under no circumstances should you use a method advised by other sites of PAY and RECLAIM with a Bailiff. Also please read this stickie by TT http://www.consumeractiongroup.co.uk/forum/showthread.php?407528-HMCS-Forced-Entry-Protocol-for-use-by-bailiffs-enforcing-Magistrates-Court-FINES to get a background of what Bailiffs can do. Please get this sorted to take the strain off of the person concerned

 

 

MM

If I have been of any help, please click on my star and leave a note to let me know, thank you.

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Hi the best thing to do is put it in writing, get it sent RD RM. Sorry to hear re her situation, But with MH issues the Bailiff still has to attend and will continue to increase her debt.have you written to the courts fine officer to explain this situation yet?

 

 

Have you asked if the fine officer can make a new payment plan? Also is she in receipt of benefits, if this is the case they can do a direct payment from them each week.

 

 

Was she aware of the case against her? why has she not paid. AS A Court fine is PRIORITY, as you can get sent to jail for non payment, (unlikely) but possible.

Please be aware of the new rules coming out this April. This needs sorting ASAP but you really should speak to the fines officer as well.

 

 

But under no circumstances should you use a method advised by other sites of PAY and RECLAIM with a Bailiff. Also please read this stickie by TT http://www.consumeractiongroup.co.uk/forum/showthread.php?407528-HMCS-Forced-Entry-Protocol-for-use-by-bailiffs-enforcing-Magistrates-Court-FINES to get a background of what Bailiffs can do. Please get this sorted to take the strain off of the person concerned

 

 

MM

 

This will not be a Magistrates Court Fine.

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recorded delivery.

 

 

Sorry didn't read the post correctly was multitasking.

As not a court fine you can still send off a letter to the bailiffs office asking for time to pay but since you are working the bailiff will want paying fast or they will more than likely continue enforcement. Also as you have stated she is still working, what are the reasons for non payment?

 

 

Tomtubby is good for pcn,s perhaps if you find her posts then you maybe able to get better advice from her, but she is very busy atm and may not respond straight away ok?

 

 

MM

If I have been of any help, please click on my star and leave a note to let me know, thank you.

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Clearly this debt is in relation to 3 PCN's. Given your daughter's circumstances ( which I would agree indicate that she is "vulnerable") it is vitally important to ensure that a copy of your letter is sent to the local authority as they are wholly responsible for the warrant and how it is enforced.

 

How old is your daughters car and roughly how much is it worth? Is there any finance on the car?

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  • 3 months later...

I would really appreciate some advice,

 

long story

 

my daughter got a fine

-driving in a bus lane

 

she did n't pay it,

 

yes I know she should have but you may understand the pressure she was under if you read this.

 

She had a bailiffs letter a few months ago, left sticking out of her letterbox,

 

I wrote a letter on her behalf stating that she was a vulnerable client for the following reasons:

 

She was a victim of severe domestic violence including being held prisoner in a house,

threatened with being shot ,

said he would disfigured, her,

he smashed the patio door and broke on to beat her up etc,

 

it took a lot of persuasion to finally make her make a statement

and go through with a prosecution and

her ex is currently on remand,

 

at this moment in time she is still saying she will attend court,

despite threats from his family.

 

Not surprisingly she is being treated for depression. she is also a single parent of a 4 yr old child.

 

The letter that I wrote stated that she was in fear of violence a witness in a court case

where her ex would be stand trial for serious offences, being treated for depre4ssion etc.

 

They ignored that and turned up again ,

this time I wrote on her behalf saying that if they pursued it

then I would complain to their governing body,

I also wrote to the council informing them.

 

Fast forward to today ,

I was at work and my other daughter got an hysterical call from her,

the bailiffs had clamped her car and were demanding £340,

my other daughter used her bill money to pay it.

 

My daughter told them about the letters and the bailiffs told her

they were aware but she had been rejected for vulnerability .

 

I don't know where to start,

 

do I complain to the courts ( think it came through Mc court)

the bailiffs?

The council?

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I would complain to the council starting a formal complaint

You would also benefit of contacting your local MP and councillors they should get answers out of the council as the bailiffs are there agent

If i have helped in any way hit my star.

any advice given is based on experience and learnt from this site :-)

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  • dx100uk changed the title to Equita clamped vulnerable daughters Car - RE: driving in a bus lane PCN
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