Enforcement notice - returning this afternoon to remove goods.

[sassy626]

Woke up this morning to an enforcement notice from Equita in respect of a June 2015 PCN at a council car park. We should have appealed the original PCN but it fell down the cracks (my car but husband was driving it at the time, both busy etc etc)

 

 

So what to do now? The notice which is just on Equite headed paper says that the Enforcemen Agent is "authorised by the court" to remove goods/vehicles...

 

 

My questions (and grateful for any other advice which can be offered):

 

 

- What authority do these guys have? In what way are they authorised by the Court? Which Court? I have not seen anything from any Court.

 

 

- I did receive an Charge Certificate from the Council. Can they try to take this?

 

 

- I want to make an out of time appeal against the original PCN but I think I have to have received a TE3 for this and I am not sure at all that I have (we tend at least not to ignore court notices in this house). Is there any way I can find out? From the "authorised by the Court" wording it sounds as if I should have done. Should I telephone the enforcement agent and ask?

 

 

- I am proposing to pay the fine and reclaim it (if we submit an out of time appeal - since I'm being put to all this trouble now I may as well take a little extra time now to reciprocate). I think this should cancel the enforcement action? Any major "DO NOT DO THIS" advice on this front?

 

 

Thanks

[unclebulgaria67]

Have asked site team to move to bailff/enforcement page on site. You can still acess here if you don't know where that is.

 

Authorised by court means that the council have registered the PCN with the court and therefore they are authorised to attempt to take control of goods,

 

Never allow access to your house. Keep doors locked and closed. Keep cars away from your house until this is resolved.

 

What are the reasons for any out of time appeal, as you appear to have received all relevant paperwork ?

 

What is the charge certificate about ?

[sassy626]

Thank you.

 

 

The charge certificate is increasing the charge by 50% due to being unpaid within, I imagine, 30 days or so.

 

 

I'll move the car to the (private) gym. I though that they could not take cars if used in work etc. Nor indeed if the fine had been paid?

 

 

Do they not have to tell me which court and show me the court order. I really do not believe we have overlooked a court notice. Or in the case of a PCN does registry with the Court not generate a notice to the respondent?

 

 

It does not really matter what the out of time reason is - the point is the appeal stops enforcement while it is referred back to the council as I understand it. I don't expect to win the out of time point.

[unclebulgaria67]

This is not a fine by the way. It is just a parking penalty.

 

If you want to avoid the £235 enforcement stage fee, you could pay the PCN amount plus the £75 compliance fee to Equita. Would not prevent you appealing the PCN and if you won you can claim your money back.

 

When did you get the enforcement notice through the door ? When is it dated ?

[citizenB]

Thread relocated to correct forum

[unclebulgaria67]

Thank you.

 

 

The charge certificate is increasing the charge by 50% due to being unpaid within, I imagine, 30 days or so.

 

 

I'll move the car to the (private) gym. I though that they could not take cars if used in work etc. Nor indeed if the fine had been paid?

 

 

Do they not have to tell me which court and show me the court order. I really do not believe we have overlooked a court notice. Or in the case of a PCN does registry with the Court not generate a notice to the respondent?

 

 

It does not really matter what the out of time reason is - the point is the appeal stops enforcement while it is referred back to the council as I understand it. I don't expect to win the out of time point.

 

They can take work vehicles, it depends on usage. It has to be owned by you. If you pay all amounts due, they can't take or clamp car.

 

The PCN is just registered with the court as a penalty outstanding, so enforcement can take place. It is not like a speeding fine, where you get documents from the court.

[unclebulgaria67]

Have you read this

 

https://www.gov.uk/parking-tickets/overview

[Bailiff Advice]

 

It does not really matter what the out of time reason is - the point is the appeal stops enforcement while it is referred back to the council as I understand it. I don't expect to win the out of time point.

 

An Out of Time witness statement is a court procedure that can only be made under one of four 'grounds'. The most common being that the individual had not received a Notice to Owner in the post or the penalty charge on the windscreen of the vehicle.

 

This initial document (NtO) is a vitally important one. Firstly, it provides a period of time to pay the charge at the 50% discounted rate and secondly, it allow the registered keeper/owner to make representation (or appeal) the contravention to the local authority. The common reason for not receiving this document is because the person may have moved address and not update their address details with DVLA.

 

An Out of Time witness statement also requires the signature of the registered keeper and advises that the person signing the form can be prosecuted for making an untrue statement. In your particular case, it would seem from what you have written that your husband had received the initial notice.

[Bailiff Advice]

 

I'll move the car to the (private) gym. I though that they could not take cars if used in work etc. Nor indeed if the fine had been paid?

 

In relation to your vehicle, the following may assist you:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?456387-Bailiff-enforcement...Can-a-bailiff-take-my-car-....Is-my-car-exempt-...I-need-my-car-for-work-etc

[unclebulgaria67]

I will leave this in the safe hands of Bailiff Advice as this is not my area of knowledge, hence not knowing what charge notice referred to. Why use such a name when charges can relate to other things.

 

If all documents have been issued by the council and an appeal cannot be made on one of the 4 grounds, it would seem the option is to pay the increased PCN amount plus the £75 compliance fee, before Equita attends. This then saves the £235 enforcement stage fee being due.

[Bailiff Advice]

Woke up this morning to an enforcement notice from Equita in respect of a June 2015 PCN at a council car park.

 

Can you confirm that the letter that you have received is called an Enforcement Notice and not a Notice of Enforcement?

 

Was the letter hand delivered or sent in the post?

 

Also, how much are Equita asking for you to pay?

[Bailiff Advice]

I will leave this in the safe hands of Bailiff Advice as this is not my area of knowledge, hence not knowing what charge notice referred to. Why use such a name when charges can relate to other things.

 

UB...I beg to differ !!!

 

Your advice on this thread is actually very good indeed.

[unclebulgaria67]

UB...I beg to differ !!!

 

Your advice on this thread is actually very good indeed.

 

Thanks. I try to take in some of the information and have basic understanding, but have not studied in any depth.

 

I don't know why UK government make things so complicated admin wise. They create an industry with the way they do things. Why not just issue the PCN at one rate, send paperwork to address on V5 for RK and if not appealed or paid within say 60 days, just attatch it to the car tax, so the car cannot be taxed, until all PCN's have been paid. Before a car can be sold, make it a requirement that all PCN's registered have to be paid off. Less work for EA companies and more collected PCN's.

[wonkeydonkey]

Thanks. I try to take in some of the information and have basic understanding, but have not studied in any depth.

 

I don't know why UK government make things so complicated admin wise. They create an industry with the way they do things. Why not just issue the PCN at one rate, send paperwork to address on V5 for RK and if not appealed or paid within say 60 days, just attatch it to the car tax, so the car cannot be taxed, until all PCN's have been paid. Before a car can be sold, make it a requirement that all PCN's registered have to be paid off. Less work for EA companies and more collected PCN's.

 

Excellent post UB and very worthy of discussion.

[sassy626]

Hi sorry for not replying - I did not get any more email notifications that I had some additional responses. Just reading now.

[sassy626]

Ok - so scanned quickly and responding (quickly as I can type) to as much as possible:

 

 

The enforcement notice was hand delivered this morning some time before 7.30 am. It was half in half out the letter box. It is called an ENFORCEMENT NOTICE - big red letters across a scabby bit of paper slightly larger than A5 with a bunch of scribbles all over it.

 

 

Actually the application to file out of time (TE7) just asks for a reason for the out of time filing - there are no "grounds". Just a box in which you give your reasons.

 

 

The 4 grounds relate to the witness statement itself (TE9) not the out of time application and the ground I have selected are that the penalty charge has been paid in full (which it has as I popped along to my post office and paid it using the PCN barcode which was still scanning fine at the PO).

 

 

If you are submitting the form online you only have to type sign the signature (I got the forms directly from TEC who were very clear about this both on the phone and on the email).

 

 

Why must I also pay the Equita charge? The Witness statement asks only that the "penalty charge" has been paid in full.

 

 

Also - the penalty charge was £50 increased to £75. All the most recent documents state that the "Client debt" is £82 plus the Compliance fee of £75 (which you all note as the amount paid to Equita). Why is the "client debt" £82 and not £75?

 

 

Will re-read and see if there is anything I have missed. Thanks for all responses so far.

 

 

There is a big red van parked in the shared drive way - not sure if my neighbours are getting a roofing quote (there is no trade name on the van) or I have company.

[sassy626]

PS both cars are owned by me (I mean I am the registered keeper of both and the finance agreement on "my husband's car" is also with me as I had a better credit rating as he was self-employed.

[sassy626]

Equita are asking me to pay £392 being £82 + £75 as noted above plus £235 enforcement fee.

[lookinforinfo]

Your headline states that the bailiff is returning this afternoon to remove goods and if that is what the Notice said, that means that they should have already sent you a "Notice of Enforcement"

the week before last giving you 7 clear days notice for you to contact them. Did you receive such a notice-it would have advised you that their fee for sending the letter was £75 and should you not contact them within the time limit, a bailiff would call to your property with a view to seizing goods to pay the debt and the fee for the visit would be £235.

 

Did you receive the first letter? If not, have you recently changed your address?

 

Until you can answer that please follow the excellent advice by Uncle Bulgaria in Post number 2. Whatever you keep your door locked as they can walk in, and keep any car well away from

your property as they may well clamp it.

[sassy626]

I will leave this in the safe hands of Bailiff Advice as this is not my area of knowledge, hence not knowing what charge notice referred to. Why use such a name when charges can relate to other things.

 

If all documents have been issued by the council and an appeal cannot be made on one of the 4 grounds, it would seem the option is to pay the increased PCN amount plus the £75 compliance fee, before Equita attends. This then saves the £235 enforcement stage fee being due.

 

 

Thanks for your help and getting this moved!

[sassy626]

I am not aware of having received a Notice of Enforcement. We do have 3 kids who get super excited about "deliveries" but not usually to the point where I am not at least vaguely aware that something important has arrived. I will take a look in the usual places. There is a risk though that we did.

 

 

There is a risk though that we did. We have not recently changed address.

 

 

Cars are not here. I have no intention of opening the doors and all the doors lock automatically.

 

 

Presumably at 4pm we should be safe though if the appeal has gone through to TEC?

[lookinforinfo]

Our posts crossed. The important question now is if you received their first Notice of Enforcement giving you 7 clear days to pay or to contact them. If you have please confirm when you received the letter and by when you had to contact them.

 

From your first post you said that you were minded to pay the fine and reclaim if you over paid. It is unclear whether you meant to just pay the "fine" rather than the bailiff fees too. Please be aware that under the recent legislation that should you just pay off the debt minus the bailiff fees, the bailiffs can still pursue you fro the debt if you were considering just paying the Penalty notice. In other words your car could still be clamped unless you pay the fees also.

[sassy626]

Our posts crossed. The important question now is if you received their first Notice of Enforcement giving you 7 clear days to pay or to contact them. If you have please confirm when you received the letter and by when you had to contact them.

 

From your first post you said that you were minded to pay the fine and reclaim if you over paid. It is unclear whether you meant to just pay the "fine" rather than the bailiff fees too. Please be aware that under the recent legislation that should you just pay off the debt minus the bailiff fees, the bailiffs can still pursue you fro the debt if you were considering just paying the Penalty notice. In other words your car could still be clamped unless you pay the fees also.

 

 

When you say pay the bailiff fees do you mean the £75 or the £235? UncleBulgaria mentioned above paying the £75 and therefore not the £235.

 

 

Do I have to pay the bailiff fees direct to Equita?

[unclebulgaria67]

When you say pay the bailiff fees do you mean the £75 or the £235? UncleBulgaria mentioned above paying the £75 and therefore not the £235.

 

 

Do I have to pay the bailiff fees direct to Equita?

 

When did you pay the PCN at the Post Office ?

 

If this was before Equita were employed by the council to start enforcement, contact the council and they can call off Equita.

 

If you only paid the PCN after Equita started enforcement sending an enforcement notice, then you should pay Equita the £75 compliance fee, giving them details of the PCN payment so they can check that. If it gets to the stage of an enforcement visit, you will have Equita after £235 extra.

[unclebulgaria67]

As a by the way. If an enforcement agent says they will visit on a certain day, it often means they won't come. They will visit when it is a surprise, so you have a car on the driveway or you open the door thinking it could be someone else.