Parking charge paid months ago.... Equita chasing fees

[GaryHatesPaypal]

Hi guys.

 

Simply put.

 

Parking fine - £82

 

Forgot to pay it. Went to a Debt Collector, who added their £75 on top.

 

As soon as I got the letter and remembered the debt, I paid Stockport Council via their website The £82. I have an email proving so.

This was October 3rd

 

Just had a letter placed through the door tonight for....

 

The original debt £82

Compliance fee £75

1st visit £235

 

Total: £392.

 

Am I missing something here?

Clearly a lack of comms between the council and the bailiff.

 

According to the law, do I have to pay the bailiffs' fees for a debt I paid 2 months ago?

 

Thank you so much in advance

[BankFodder]

You probably have to pay the compliance fee

 

You probably don't have to pay the visit fee

 

I should contact the enforcement company quickly and provide them a copy of the email receipt

[GaryHatesPaypal]

You probably have to pay the compliance fee

 

You probably don't have to pay the visit fee

 

I should contact the enforcement company quickly and provide them a copy of the email receipt

 

Thank you, this is what worries me.

 

If I have to pay the compliance fee, can the bailiff who called today claim that the £235 is a valid debt to the £75 compliance fee which is still unpaid?

 

I'm very confused as, to me, the debt is paid.

[josephbloggs]

You pay direct, they pay the company who take the £75 and split the remainder pro-rata, so until the balance including fees is paid the warrant remains outstanding and equita will come knocking for £310 fees.

[lookinforinfo]

I'M not sure that Bankfodder is right.

 

The debt collector was actually a bailiff [completely different kettle of fish].

The accompanying letter should have stated that because you were late with the fine, it had been handed to a bailiff thus legally adding £75 to your bill.

 

 

The letter would have given you at least 7 days to agree a payment plan with the bailiffs or a further charge of £235 would become due after that date when they called.

 

By just paying the £82, you left the £75 unpaid.

 

 

The Law changed a couple of years ago so that the Council have to pay the bailiff fees first therefore you only paid the Council/TFL £7 so the bailiff would be instructed to carry on pursuing the other £75.

 

 

As you did not appear to contact the bailiff to make a payment agreement they called round to collect the £75 thereby incurring their £235 charge also.

It is harsh but I think you will be very lucky to have the £235 quashed.

 

No doubt someone else will point out that would have been sent at least two reminders before the bailiffs were called in.

 

 

If you didn't receive those [perhaps because you have moved address in the mean time], you might have grounds to query the final fee.

[Bailiff Advice]

Hi guys.

 

Parking fine - £82

 

Forgot to pay it. Went to a Debt Collector, who added their £75 on top.

 

As soon as I got the letter and remembered the debt, I paid Stockport Council via their website. The £82. I have an email proving so. This was October 3rd

 

Just had a letter placed through the door tonight for....

 

The original debt £82

Compliance fee £75

1st visit £235

 

Total: £392.

 

Am I missing something here? Clearly a lack of comms between the council and the bailiff. According to the law, do I have to pay the bailiffs' fees for a debt I paid 2 months ago?

 

As you have confirmed above, you received a notice from the bailiff company and a Compliance fee of £75 had been added to the debt.

 

If you read back the letter (Notice of Enforcement) you will see that it gives very clear instructions of where payment should be made....the date by which payment must be made and, ...... even the time of day by when payment must be made. You chose instead to divert the payment (minus the bailiff fees) to the council.

 

Unfortunately, as is always the case, doing so has not avoided you paying bailiff fees. This is because, the regulations provide that from the initial payment, the compliance fee of £75 must first be deducted.....with the balance (in this case £7) must be allocated on a 'pro rata' basis. This is best explained by reading the following 'sticky' which I produced for the forum when the regulations were introduced (in 2014):

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?453047-Bailiff-enforcement-Setting-up-a-payment-arrangement-and-whether-you-can-pay-the-court-or-the-council-direct

[Bailiff Advice]

 

Just had a letter placed through the door tonight for....

 

The original debt £82

Compliance fee £75

1st visit £235

 

Total: £392.

 

The amount that you owe should be £310 and not £392.

 

You need to contact the council to ask what they have done with the payment. They should have either passed the payment to Equita or advised them of the payment so that Equita could adjust the balance accordingly.