Enforcement notice - returning this afternoon to remove goods.

[sassy626]

I only just paid the PCN so after the commencement of the enforcement.

 

 

Is there a recommended way to pay Equita the £75? I read things previously about never paying Bailiffs direct so am a bit nervous about this. What if they try to insist on the £235 as well as the £75? Presume they are likely to class the delivery of the Enforcement notice as an enforcement visit in which case I may as well see what comes of the witness statement and late filing application which makes me reluctant to speak to them - I do prefer an impartial court process!

 

 

Any idea what the difference between the £75 PCN and the £82 describes as "client debt" is?

 

 

Noted re the element of surprise. Thanks.

 

 

I've been right through the paperwork and can't find a Notice of Enforcement. There are not many things (if any) that I can literally never find and all the other correspondence from Equita seems to be there. My husband says he might have seen something but I think he is confusing it with something else.

[unclebulgaria67]

If you have had the notice of enforcement or Equita say they have sent it giving 7 days previously, then you are faced with having to pay the £235 enforcement stage fee.

 

If you have made the application to TEC, you could advise Equita of this, plus that you have paid the PCN. If you have not stated one of the 4 reasons they allow it will get rejected and enforcement started again.

[sassy626]

Thanks - I've given one of the 4 reasons - ie that I have paid the parking notice. Which I had at the time I submitted the form.

 

 

I had a letter from Equita on 29 Jan saying that the PCN is outststanding and remains subject to enforcement action. It notes that unless I pay the PCN and their £75 fee they would instruct enforcement agents to call. So presumably they are suggesting that the Notice of Enforcement was issued sometime between 29 Jan, allowing time for me to respond to that letter and 7 days ago.

 

 

Seems a bit unlikely.

[unclebulgaria67]

Thanks - I've given one of the 4 reasons - ie that I have paid the parking notice. Which I had at the time I submitted the form.

 

 

I had a letter from Equita on 29 Jan saying that the PCN is outststanding and remains subject to enforcement action. It notes that unless I pay the PCN and their £75 fee they would instruct enforcement agents to call. So presumably they are suggesting that the Notice of Enforcement was issued sometime between 29 Jan, allowing time for me to respond to that letter and 7 days ago.

 

 

Seems a bit unlikely.

 

That letter makes it sound like there was already some previous communications. As i thought they just issued a notice of enforcement and then if not paid, they visited.

 

Given that you have only just paid the PCN and sent the application to TEC, it will fail. The council will see that you have only just paid the PCN after an enforcement visit. Equita will then continue enforcement hassling you for £75 compliance and £235 enforcement fee. It is whether you pay it now or later.

[ploddertom]

The difference between the £75 & £82 Client debt fee is the £7 the Client (Council) are charged to register the debt.

[sassy626]

I expect it will fail eventually.

 

 

I had a couple of letters from Equita before now. Which is why I'm pretty sure we did not get a Notice of Enforcement. I may ignore them but I do read them and at least consciously decide to ignore them. So I would expect to remember if we had had a Notice of Enforcement as it's not a concept I am familiar with.

 

 

I had expected the whole procedure to follow the same route as with DCAs - so eventually you would receive a CC claim form but it seems that with regard to PCN's the collection agents/enforcement agent's are able to sneak up on you somewhat better.

 

 

I expect I will have to pay it. I definitely prefer later and I'd definitely prefer £235 less. And slightly pedantically I want to know why they say the original amount was £82.

 

 

Thanks for your advice - this is definitely a little trickier than dealing with DCA's. I've emailed Equita to say "PCN paid and submission made to TEC so back off".

[sassy626]

Sorry x-posted. So the £7 is owed to the Council? They will have paid to register the debt?

 

 

One last question - I think one of our cars is fine to have at home since it is on HP? My understanding is the bailiff can't take a car if it is on HP?

[lookinforinfo]

I would check with the Council as to the reason for the £82 charge-it doesn't sound right.

 

I am sorry to say that the other fees are definitely payable. When you are asking the Council about the £82, you could explain that you are uncomfortable about paying the bailiffs direct and ask if you could pay their money to the Council and then if they would kindly forward the fees on to the Bailiffs.

[unclebulgaria67]

Sorry x-posted. So the £7 is owed to the Council? They will have paid to register the debt?

 

 

One last question - I think one of our cars is fine to have at home since it is on HP? My understanding is the bailiff can't take a car if it is on HP?

 

I think the £7 extra becomes due once they register it with the TEC and is invoiced as part of the enforcement process. Not sure the council issue anything showing this.

 

The position on HP has changed and was discussed in a recent thread. Depends on whether there is any money available if it can be sold. They HP company would be contacted. I would not keep the car near the house believing it is safe.

 

To be honest, this sounds like it is now a bit of a game now. Nobody wants to pay PCN's or enforcement companies. At some point you will have to pay the amount being requested. If i were you i would phone Equita to advise that you have applied to TEC and paid the PCN in the meantime. That they should put enforcement on hold until the application with TEC has been decided. Also ask for a copy of the notice of enforcement to be sent with any proof of posting as you have never received it.

[ploddertom]

If you have a vehicle on HP then still be very cautious. Make sure it is HP & not some form of personal loan. Also you need to check how many payments are left & what the car is worth.

[sassy626]

Thanks Plodderton - what is the reference to what the car is worth (I understand that in the context of "exempt" assets but did not realise this was relevant to it being on HP?

 

 

There are 8 payments still to make. I doubt the car is worth £1,350 more than the outstanding payments if that is the concern. We've had it for 5 years and it was used as a taxi for 4 of those years.

[lookinforinfo]

Ah i see that Ploddertom has explained the £82. I am using a new browser and it does not update as I go along unlike my previous browser.

 

As far as HP is concerned that is now also trickier than it once was. In the past you would have been right to think that but a recent judgement [quite wrong in most people's eyes] has

indicated that where there is a sufficient amount of equity in the car, it may be taken. Doubtful it would be seized in your case for a few hundred pounds but one wouldn't like to stake

one's life on it.

[brassnecked]

When did you pay? if yesterday after Equita left the note you do indeed owe them the £235 Enforcement Fee unfortunately, unless the OOT is successful.

[Bailiff Advice]

 

Given that you have only just paid the PCN and sent the application to TEC, it will fail. The council will see that you have only just paid the PCN after an enforcement visit.

 

Absolutely correct UB. Also, on the Out of Time witness statement it does ask for details of when the payment was made, who the payment was made to and the amount. In most cases that I have come across (which are an awful lot) it is usually the case that TEC will not even process the application in such circumstances.

 

The following is a link to a very recent decision (13th January 2016) from the Local Government Ombudsman where they state that an Out of Time witness statement cannot be submitted if the penalty charge notice has previously been paid.

 

http://www.lgo.org.uk/decisions/transport-and-highways/parking-and-other-penalties/15-009-495

 

PS: I do have some serious concerns with this decision but these are best discussed elsewhere (I am in the process of setting up three individual threads (council tax, parking related debts and Attachment of Earnings) in the Bailiff discussion section of the forum with examples of LGO decisions.