Equita - TFL stop boxjunction notice of enforcement

[jackvdbuk]

Hi all,

 

the register keeper has received out of the blue a notice of enforcement for "entering and stopping in a box junction in march 2017".

 

unbeknown to them and without any prior communication from TFL or equite, this Equita letter is demanding £278 which is made of £203 debt and £75 Compliance stage fee!

 

the date on the equita letter stating the date of the contravention is also incorrect on the equita letter. tfl states it was in November last year.

 

they are asking for the money within two days too, is that even legal?

 

just seen the photos from 2016, looks like the keeper has entered the box junction and half the car is blocked from exiting. can we speak to someone to reduce the PCN to the original amount if we have not received ANY communication?

 

not sure what to do and the keeper (related to me) is very worried.

 

seen this on the TFL site, do they not have 30 days to issue?

15/11/2016 PCN Issued

23/12/2016 Charge Certificate Issued

 

sorry contravention date is : Contravention date and time:

09 November, 2016

[Bailiff Advice]

Hi all,

 

The registered keeper has received out of the blue a notice of enforcement for "entering and stopping in a box junction in march 2017".

 

unbeknown to them and without any prior communication from TFL or equite, this Equita letter is demanding £278 which is made of £203 debt and £75 Compliance stage fee!

 

they are asking for the money within two days too, is that even legal?

 

seen this on the TFL site, do they not have 30 days to issue?

15/11/2016 PCN Issued

23/12/2016 Charge Certificate Issued

 

The contravention was in November and a warrant has now been issued.

 

On the day of the contravention, the keepers vehicle number plate would have been read/noted and a request made to DVLA for keeper details (address). All notices from TfL (the Notice to Owner, Charge Certificate and Order for Recovery) would have been sent to that address. Do you know whether the keeper moved address and maybe had not updated the V5C (Log Book) with DVLA? This would more than likely explain the absence of any previous notices.

[BazzaS]

Ahh, details, details. They may well make all the difference here.

 

One has to wonder why it has taken this long for the keeper to receive any paperwork.

So, to start: Has the keeper's address changed since the address shown as held in November 2016? (Even if they moved before Nov 2016, have they moved from the address DVLA had / showing in Nov 2016?)

Have they had problems with other post going missing?.

[jackvdbuk]

Ahh, details, details. They may well make all the difference here.

 

One has to wonder why it has taken this long for the keeper to receive any paperwork.

So, to start: Has the keeper's address changed since the address shown as held in November 2016? (Even if they moved before Nov 2016, have they moved from the address DVLA had / showing in Nov 2016?)

Have they had problems with other post going missing?.

 

ah! cracked it, dont know why i didnt think of that!

 

it was registered at a house that due to the death of the person was sold and the car registration moved to the correct address after the penalty.

 

i take it, should just recommend to pay?

 

is it worth asking for video footage for de minimis type appeal or is it too late? even the original PCN price would be nicer!

 

[Bailiff Advice]

ah! cracked it, dont know why i didnt think of that!

 

it was registered at a house that due to the death of the person was sold and the car registration moved to the correct address after the penalty.

 

i take it, should just recommend to pay?

 

is it worth asking for video footage for de minimis type appeal or is it too late? even the original PCN price would be nicer!

 

You have two choices:

 

One is to pay and put the matter behind you whilst the bailiff fees comprise of just the Compliance fee of £75

 

Alternatively, you can submit an Out of Time witness statement to the Traffic Enforcement Centre. If accepted, the penalty charge will be rewound allowing you to pay the charge at the earlier discounted rate. However, given that you had not updated the V5C with DVLA as you should have done, the chances of the application being accepted are greatly reduced. The choice must be yours.

[jackvdbuk]

You have two choices:

 

One is to pay and put the matter behind you whilst the bailiff fees comprise of just the Compliance fee of £75

 

Alternatively, you can submit an Out of Time witness statement to the Traffic Enforcement Centre. If accepted, the penalty charge will be rewound allowing you to pay the charge at the earlier discounted rate. However, given that you had not updated the V5C with DVLA as you should have done, the chances of the application being accepted are greatly reduced. The choice must be yours.

 

as its been a while since the change i agree, however i feel a death your immediate family, the last thing you would be thinking about is a V5C.

 

if i appeal using the OOT forms via Email, does the clock stop immediately as they are are after payment by tomorrow (a whole two days since the letter was received!)

 

if it does fail, would the fee still remain the same or would Equita add yet more money?

[Homer67]

Did the contravention occur before the death of the person who lived at the house where the car was registered?

 

If it did and the deceased was driving at the time then the fine is not enforceable and this would also explain why the current keeper didn't receive any paperwork.

 

My partner's Father incurred several parking charges shortly before his untimely death and the local council tried to get us to pay from his estate - as he owned nothing and left no money we offered them a percentage of the debts he left if they wanted to claim financial rights as debt was his only legacy, we received a letter very quickly to state that the charges had been dropped.

[Bailiff Advice]

If A appeal using the OOT forms via Email, does the clock stop immediately as they are are after payment by tomorrow (a whole two days since the letter was received!)

 

if it does fail, would the fee still remain the same or would Equita add yet more money?

 

The Traffic Enforcement Centre stop processing Out of Time applications at 4pm each weekday. Contrary to some internet advice, this does not mean that bailiff enforcement ceases at 4pm because it doesn't.

 

The local authority should receive notification from the Traffic Enforcement Centre that a completed OoT has been filed by mid morning tomorrow at the latest. The notification will inform the local authority that they must instruct their respective enforcement company to cease enforcement of the warrant. That instruction can take a few hours to get onto the enforcement companies computer system. My advice is always to expect enforcement to cease by midday the day after filing the application.

 

As long as the application is served on the Traffic Enforcement Centre today (by 4pm) then you should be safe in that a visit should not be made tomorrow (and a £235 enforcement fee being added)

 

If the application is rejected, then you will be in the same position that you are at present. A word of caution though...if the application is rejected, you would need to ensure that you make payment to Equita immediately. There will be no time to waste as the 'compliance period' (the date given on the Notice of Enforcement to make payment by) would have expired.