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Hi all,

 

yet again i am here with another battle , i am starting to think i am in somebodys gunsight.

 

please forgive me if it is in the wrong section.

 

I recieved 8 seperate letters from Equita today all with seperate notice of enforcements.

 

There are 2 seperate dates , 5 letters with 1 date and 3 letters with another date.

 

To cut a long story short i have never came back to my vehicle to find a parking notice on it, i did get a letter from the council prior to xmas with a PCN number on however but i stupidly decided to bin in.

 

Each letter has a different Enforcement agent reference number on it and the reasons vary in the enforcement details. E.g DISC WITHOUT CLEARLY DISPLAY & PARKED IN A LOADING PLACE & PARKING ON RESTRICTED STREET. Which i am guessing rules out an error from an automated computer?

Each letter on the back says i have until 17/05/19 to agree a payment arangement or they will be coming to seize goods.

 

I really don't know what to do next here i was hoping for some crystal clear advice.

 

Thanks again

 

Cosmic Dancer

 

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2 hours ago, Cosmicdancer said:

I really don't know what to do next here i was hoping for some crystal clear advice

 

Start parking properly :)

 

If you keep your doors locked, the bailiffs cannot force entry to take your goods. You might want to hide your car, though, unless it's essential for your work and worth less than £1350.

 

 

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How many tickets in all, and how much are Equita asking for?


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Hi thanks for the replies ,

 

Ive only ever received 1 ticket in the post , and there is only 2 dates in question spread across all of the letters .

 

I’m afraid I do not have access to a scanner

 

they are all notices of enforcement .

 

My car is probably worth £500 at the very most and that is a top end estimate.

 

The amounts vary from £140 to £187.

And as said above they all have different reference numbers .

 

I can’t undersand how it’s 5 separate tickets on the same day and 3 separate tickets on another day

yet I have never came back to my car and had a parking notice on it.

 

I’ve only ever received 1 notice in the post and this was prior to Christmas .

 

Will they take my car from me ? 

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i wouldn't worry too much about uploading the letters. It  is clear that you have incurred 5 penalty charge notices for various road traffic contraventions over a period of just 2 days. Each Notice of Enforcement should provide a brief description of the contravention (parked without displaying etc and parked in loading bay).

 

Each of the contraventions relating to 'parking' would have meant that notices would have been stuck on your windscreen. Gone are the days when hooligans would remove tickets left under windscreen wipers. Now, tickets are enclosed in a sticky backed envelope and trying to remove them is not that easy. 

 

I am assuming the other contraventions may have been for what is  called a 'moving traffic' offence (driving in bus lane etc). 

 

As you had received one notice from the council before Xmas, I would assume that the address held for you at DVLA is correct? Have you moved in the past year or so? Have you checked to see that your V5C (Log Book) is correctly registered to your address?

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Hi my address is correct but I have never came back to my car to find a parking ticket ... it’s impossible for me to have incurred all of the offences in the same day .. I would of thought I could have seen the evidence before it’s gone to court though surely ? 

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In addition to the notices on the car, you would have also been sent approx. 3 letters for EACH penalty (Notice to Owner, Charge Certificate and Order for Recovery). 

 

As you have the PCN numbers, have you visited the local authorities website to see whether they have pictures of the contraventions?

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I only received one pcn notice in the post and this was the one prior to Xmas I’ve had no prior letters apart from the 8 I received yesterday and will the pcn numbers be the ref numbers on the letters ?

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as they will have been issued by a local authority the first thing you need to do is find out wich one and ask for evidence of the issuing of the PCN's.

If you live and work in London and all the PCN's are from Newcastle you can bet that your reg has been cloned and you will need to make a submission to this effect. The images they will ahve of the car may well throw up small details like scratches or dents on the image that your vehicle doesnt have, interior details that are different etc

 

You say the vehicloe is basically a banger, that is actually the most likely to be cloned and the ringer used as a pool car by crims.

Report to the police as well but try and get the ball rolling on the council staying the enforcement whilst this is all sorted out

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Hiya

 

First time poster, but hopefully I can help you to resolve your matter.

 

I really empathise with your position. I received a visit from an equita baliff on 10 May 2019. The feeling was horrible and they were exceedingly polite but also inflexible and threatening. I was informed that they would clamp and remove my car.

 

The rationale behind this is that the Baliffs are not employees, they are sub-contractors paid based on the fees that they can generate. Taking a vehicle creates more fees. Unfortunately for them, there is a very quick process to get the matter resolved:

 

1) Phone the Traffic Enforcement Centre in Northampton - it is crucial to do this first thing in the morning.

2) Request permission to file an out of time witness statement (forms TE7 and TE9). Upon correct completion, the forms will be passed to the local authority and enforcement action will cease at that point. The TEC will inform you that the forms have been correctly filed and the action will cease.

3) Forward a copy of this email to equita

4) Contact the local authority directly and explain your circumstances. The local authority will be more sympathetic than the baliffs - especially if you are a vulnerable person. A manager within the local authority will have the authority (as the prosecuting party) to instruct the Baliffs not to continue and instruct them to waive their enforcement fees

5) To ensure that this goes smoothly, make sure you offer to pay the council what you owe and also cover the cost of the court filing fee. At this stage, it will be worth complying with the council and paying the c. £80.

 

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Hi LePatron thanks for the reply , what do I say to them in regards to an out of time witness statement ? I am really trying to make sense of your post , thanks

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53 minutes ago, Cosmicdancer said:

Hi LePatron thanks for the reply , what do I say to them in regards to an out of time witness statement ? I am really trying to make sense of your post , thanks

 

For the traffic enforcement centre, just ask to file an out of time witness statement - this is a standard form that they will have to hand for you and will email over.

 

Upon completion of the form, and recognition from the TEC that the form has been correctly filed, email the TEC's recognition to equita which will suspend any enforcement action.

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Thanks for the reply , I was just researching this and I have seen on the gov.uk website about the fees involved , seeing as they are 8 separate letters does this mean it’s a fee for each ticket ? Or will it only be the actual one and only pcn notice I received in the post ?

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18 minutes ago, Cosmicdancer said:

Thanks for the reply , I was just researching this and I have seen on the gov.uk website about the fees involved , seeing as they are 8 separate letters does this mean it’s a fee for each ticket ? Or will it only be the actual one and only pcn notice I received in the post ?

I'm not too sure sorry

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6 hours ago, Cosmicdancer said:

Thanks for the reply , I was just researching this and I have seen on the gov.uk website about the fees involved , seeing as they are 8 separate letters does this mean it’s a fee for each ticket ? Or will it only be the actual one and only pcn notice I received in the post ?

 

Which fees are your referring to, can you link to the page? There shouldn't be a fee to submit either form. These are links to the TE7 and TE9:

 

https://www.gov.uk/government/publications/form-te7-application-to-file-a-statement-out-of-time-extension-of-time-parking

https://www.gov.uk/government/publications/form-te9-witness-statement-unpaid-penalty-charge-parking

 

You will have to submit a TE7 and TE9 for each ticket. You will also need to have grounds to appeal for each ticket, not receiving the notice to owner is grounds to appeal. But you said that you received a notice to owner for one PCN and binned it, that is not a good ground to submit a witness statement :)

 

It also indicates that you were parking where you shouldn't have been and ignored one ticket at least. Claiming that it's impossible to incur all of those tickets in one day is also not a good argument. It's possible if the tickets were issued at different times of the day with enough travel time inbetween tickets. Have you ever parked where the tickets were issued?

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Posted (edited)
On 19/05/2019 at 17:06, LePatron87 said:

 

Unfortunately for them, there is a very quick process to get the matter resolved:

 

1) Phone the Traffic Enforcement Centre in Northampton - it is crucial to do this first thing in the morning.

2) Request permission to file an out of time witness statement (forms TE7 and TE9). Upon correct completion, the forms will be passed to the local authority and enforcement action will cease at that point. The TEC will inform you that the forms have been correctly filed and the action will cease.

3) Forward a copy of this email to equita

 

 

Welcome to the Consumer Action Group forum. 

The application that you are referring to is called an Out of Time witness statement (or; depending on the actual type of contravention; an Out of Time Statutory Declaration). 

 

Crucially, before being able to submit such an application, our poster; Cosmicdancer would need to know what type of contravention the Penalty Charge Notice relates to. I have asked him to contact the council for this information. He hasn't as yet responded. If the debt is for 'parking', Dart Charge or Merseyflow penalties, the forms required would be TE7 & TE9. 

 

If on the other hand the penalties relate to 'moving traffic offences' (bus lane, box junctions etc), then forms PE2 & PE3 would be required. There is a significant difference between both applications. Forms TE7 and TE9 can be submitted to the Traffic Enforcement Centre by email and as long as they are received at TEC by 4pm, will be PROCESSED that day and bailiff enforcement would be placed 'on hold' by early the following weekday.  Forms PE2 and PE3 would need to be printed off and taken to either a County Court or local solicitors to have the signature witnessed. The sworn forms would then need to be scanned and emailed to the Traffic Enforcement Centre. 

 

Secondly, there is actually no need at all to telephone the Traffic Enforcement Centre. The forms are available to download from their website. 

 

When calling TEC you do NOT ask THEM  for permission to file an Out of Time application. It is the LOCAL AUTHORITY who make the decision whether or not they are wiling to accept the witness statement being submitted late. 

 

If the completed forms are submitted to the Traffic Enforcement Centre by 4pm, the motorist will receive an email from TEC as confirmation of safe receipt. 

 

A letter outlining the decision (on whether the council are willing to allow you to file your witness statement LATE) should be received around 4 weeks after submitting the forms. 

 

Lastly, as Cosmicdancer has 8 penalty charge notices, he would be required to submit a separate Out of Time application (Forms TE7 and TE9) for EACH penalty. Furthermore, each application MUST be sent by individual email to TEC. 

Edited by Bailiff Advice

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On 19/05/2019 at 17:06, LePatron87 said:

 

4) Contact the local authority directly and explain your circumstances. The local authority will be more sympathetic than the baliffs - especially if you are a vulnerable person. A manager within the local authority will have the authority (as the prosecuting party) to instruct the Baliffs not to continue and instruct them to waive their enforcement fees

 

5) To ensure that this goes smoothly, make sure you offer to pay the council what you owe and also cover the cost of the court filing fee. At this stage, it will be worth complying with the council and paying the c. £80.

Although the advice that you have provided is helpful, the fact is; once a warrant has been issued and passed to bailiffs, it is extremely rare for any local authority to agree to 'waive' enforcement fees and accepted payment direct. 

 

In your particular case, you mention that you have submitted an Out of Time witness statement. Did you contact the council and ask if they would accept payment direct (minus bailiff fees?)

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Hi guys thanks for the replies ,

i have had contact back from the local authority and these letters are all from tickets 4-5 years ago. I am going to file an out of time statement as soon as possible for them all as most of them ( not all ) are for parking at a street I was living on with the correct permits in place . As it stands will this company come and take my car ? 

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