Complaints about Bailiff Companies enforcing PCNs

[diveboy]

I'm new to these forums so firstly my apologies if I have posted this in the wrong place.

 

Is anyone able to tell me how to make a complaint against a bailiff company - Equita - as opposed to an individual certificated bailiff?

 

I have had the misfortune to experience two roadside collections by bailiffs - one for TFL (collected by Equita) and one for a PCN (Camden). On both occasions the bailiffs act well outside their code of conduct and in a dangerous manner. The case concerning the Equita bailiff has now been passed to Northamton's enforcement section and will be put before a judge in November. The second is still an on going complaint with the company themselves (Task).

 

In the case of Equita, they ignored my complaint and request for further information for 8 months. This was in spite of letters, phone calls, dozens of emails and a request from the bailiff's association. They only responded once it had been passed to the Court Service. I also took up the issue of the scale of charges, which again, Equita have ignored.

 

I have spoken to the Court Service who tell me that they only deal with individual bailiffs. They suggested one of the bailiff associations, but in my experience they are useless.

 

Does anyone have any ideas of how to complain about Equita?

 

thanks

[tomtubby]

I have plenty of advice that I can provide for you in the morning.

[starlight50]

Hi Can anyone help me! I had a car parking ticket from southampton, I do have the ticket! but apparantly it was not clearly displayed. I have now recieved a letter from a EQUITA CERTIFIED BAILIFFS! FOR A CHARGE OF £353.74. this is for a £30 car parking ticket!

they visited my home in the early hours of the morning and put a sticker on my car and folded a peice of paper through the door with the hand written amount on of £353.74. no time was specified, the date was hand written and it was not signed! it said to phone within 24hrs!|

 

I still have the actual car parking ticket what should i do?

 

Please help

 

thanks:?

[WWOW]

Ask a moderator to move your post on to its own thread.

 

Find out who issued the ticket and ask them for an Out of Time Statutory Declaration. That stops enforcement.

 

The fees dont look right. They should be made up according to Schedule 1 of the Enforcement of Road Traffic Debts (Certificated Bailiffs) Regulations 1993 and amended in 2003. I assume no goods were removed and you havn't signed a walking possession agreement.

 

£90 ticket including time limit charge

£5 court fee issuing liability order

 

Bailiffs fees:

 

£11.20 - Letter fee (only one allowed)

£26.60 - 28% on £95.00 ticket & court fee

£11.52 - VAT on bailiff fees

£172.31 -Total payable to bailiff on first visit.

 

If a bailiff tries to charge you more then consider a Form 4 complaint against the bailiff for trying to defrauding you with his fees. Form 4: http://www.hmcourts-service.gov.uk/courtfinder/forms/form4_0606.pdf Have ducks in a row before shooting.

 

Im puzzled why you didn't receive any mail. You should have the NTO, Liability order, Charge Certificate (mandatory under Section 66, 76 and Schedule 6 of the Road Traffic Act 1991) et-al before the bailiffs visit. Is your vehicle correctly registered at your address?

[starlight50]

Hi Thanks for your reply on reading around the site should i send a SAR?

[WWOW]

Ask the bailiff how he makes £353.74. If he comes down in price then you've caught him with his underwear at half-mast and you can go straight to a Form 4. http://www.hmcourts-service.gov.uk/courtfinder/forms/form4_0606.pdf

 

If the bailiff becomes defensive then tweak the following as necessary.

 

Name of Bailiffs

Address 1

Address 2

Address 3

Address 4

 

[DATE]

 

Dear Sir/Madam

 

Re: YOUR NAME + ANY REF: Request for Information & opportunity to mitigate incorrect fees

 

I write pursuant to Section 7 of the Data Protection Act 1998 and enclose payment of £10 the maximum prescribed under the Act and request you send me the following.

 

a) An itemised breakdown of all the fees charges orders costs and other monies that make up the total obtained by your bailiff being £[AMOUNT].

 

b) The name and address of the court that certificated your bailiff.

 

c) All letters documents emails comments faxes personal opinions memos and other related information which would qualify as information defined under the Act.

 

d) All other information relevant and related to this request and occurrences therein.

 

e) Whilst I appreciate the Act allows you 40 days from the date of this request to fulfil your obligation, I look forward to receiving the above at your earliest convenience.

 

This notice gives you an opportunity to examine whether you or your bailiff has charged fees correctly truthfully and complaint to prescribed law regulating bailiff’s fees for this type of debt and amount. If you find an irregularity you now have an opportunity to refund me the difference in the next seven days along with a written explanation why I was overcharged. In the absence of that refund and an irregularity is later discovered, I will automatically file a Form 4 complaint before the bailiff’s certificating court for committing an offence under Sections 1 to 5 of the Fraud Act 2006. This may also involve a criminal investigation by the police and your firm’s director may be liable for receiving or benefiting from a money transfer originating from a crime.

 

This document is delivered by Royal Mail and I deem it to be served on you by the ordinary course of post in the meaning of Section 7 of the Interpretation Act 1978. Its therefore your responsibility and in your own interests this letter is handed to the relevant person within your organisation. I regret I am unable to discuss this matter by telephone or in person.

 

Yours Sincerely

 

[NAME]

[starlight50]

I have recieved a letter dated 6/6/08 but revieved on the 9.6-08

which stated to pay £143.41, then on the 18th i recieved the visit in the early hours of the morning no knock on the door just a sign on my car and a folded up piece of paper through the door with the hand written amount of £353.74.

are these costs still excessive?

 

thank you michelle

[kermit2482]

£353.74 sounds like a figure that has basicly had a letter, 1st visit second visit and van call fee added to it, this is indeed extortionate if you HAVE NOT received anything other than a first visit, however in my experience many people will lie and say this is the first visit they have had, not saying your lying atall but just ensure you are correct in what you say as the advice would change accordingly, oh and by the way good luck the bailiffs from the company you talk of that i have come across are in general complete bar stewards and thats coming from a bailiff !!

[kermit2482]

I have recieved a letter dated 6/6/08 but revieved on the 9.6-08

which stated to pay £143.41, then on the 18th i recieved the visit in the early hours of the morning no knock on the door just a sign on my car and a folded up piece of paper through the door with the hand written amount of £353.74.

are these costs still excessive?

 

thank you michelle

 

 

So this basicly then is not the first correspondence you have had, see what i mean about being factually correct!! However the fees should still not be this exessive providing you are indeed correct about only having had the 2 letters!!!!

[kermit2482]

The parking structure for a bailiff is Letter by post first, then 1st visit from bailiff with letter, then second visit with letter hand delivered, then third visit with letter hand delivered, then van call which is an enforcement visit which would be up around the fees that you have been asked to pay, therefore if you have not had all these letters then i would follow the advice of WWOW

[WWOW]

My feelings suggest the difference is an 'attending to remove' fee has been charged. I dont quite know if this applies when no entry to a property has been made, and you don't appear to have signed a walking possessions agreement.

 

I think it should be £172,31 as explained above - a difference of £181.43.

 

The law doesn't prescribe a value for attending to remove and a walking possession fee, only provides for 'reasonable cost' and it would ultimately be up to a court to interpret whether £181.43 is reasonable cost. You would need to file a Form 4 to have a court decide this.

 

Send a PM to Tomtubby whose more clued up on attending to remove fees, but the law doesn't provide for a fee of that description so I cant comment.

[kermit2482]

An attending to remove fee is normally £146.88 this is made up of £125 van call fee and vat at 17.5% which equalls £146.88 i hope this clarifies the fee for you WOWW

[WWOW]

£181.43 minus 17.5% = a pre-VAT fee of £154.41

 

Send the above letter & ask the bailiff. It'll be interesting to see his arithmetic.

[mechman]

Hello,..im new to this site,..but am also having trouble with "Equita", over a parking fine,.i received a letter from them saying i owed my local council(sutton) £168.00,..i immediatley called equita, to ask if i could pay this sum in 2 monthly instalments,..as i can only work part time,..i was in formed that the bill had increased to £224.00!!!, when i enquired why this was the case, i was told a bailiff had visited my home address,..i told them that this was the 1st correspondance i had received from them,.and that no-one had called or left a note! , the guy on the phone then told me,that the bailiff wouldnt have neccessarily knocked ,or left a note?

is this right?...now, some months later, i have recieved a demand,threatening to call any time ,day or night, to remove car/goods,..i then rang the bailiff himself, because the letter had no amount stated, only to be told it now over £500.00!!!!!!!!i again tried to come to a payment arrangement,..but he said it was now too late, yesterday,..i recieved another letter,..this time through the post stating more or less the same, within 48 hrs?

Can anyone help me with this?? im at my wits end! many thanks in advance.