Trying it on or for real

[suash1950]

Hi, Is there anyone out there can get their head around my daughter's problem?

Yesterday she received a removal notice from Equita regarding PCN due to London B. Barnet. It says the bailiff (name withheld) will be calling during the week with a removal contractor to remove goods to the local auction house. I'm sure you are all aware of the bumph contained in the letter.

However, the letter does not give a date for the supposed PCN nor does it contain any reference to the amount of debt supposedly owed, although it does give the option to 'pay balance outstanding'. Presumably this debt is for parking charges but does not supply a vehicle registration number.

Now here's the best bit. None of my family live anywhere near London, in fact we are in the Midlands. My daughter has never been to London nor anywhere close in her life.

We believe that this may be related to a letter she received in January of this year from Camden Council for congestion charges on a vehicle she parted company with in May, 2007. During the course of 4 months she had dealings with both the council concerned and Equita explaining that she did not own the vehice at the time of the charges. She also had the proof by way of her hire purchase agreement for the car she now drives. This showed the offending vehicle as having been taken in part exchange. Therefore one would suppose the debt would pass to the car company that took the car in exchange but apparently not.

I have emails I sent to Equita showing that they received a copy of this proof on 2 separate occassions and acknowledgement from them on 1. Now either Equita are hoping to get money under false pretences, London Council's records offices are useless or the DVLA don't upgrade records as they should do. It would appear to me that there is a vehicle driving round London with no valid tax, insurance, etc., as it does not appear to have been re-registered to it's new owner. Surely after all this time the DVLA would have notified the police that there is a car beng driven illegally. They keep telling us that their computers can pick up a car not taxed a day after it runs out.

What would be the best thing for my daughter to do in this case? There's no way she's paying a debt that is not hers.

[Guest]

Re: Trying it on or for real

Send Equita the following letter, with your daughters details on it and send a copy to the London Borough of Barnet Council.

Dear Sir/Madam

TAKE NOTICE

That any visit to the above property post (add date of this letter) by yourselves, your agents, or those otherwise acting on your behalf or upon your instructions, stating either verbally or in writing an intention, unlawfully or by force, or guile (and other than by express invitation) to enter these premises and remove property, will result in the arrest of the agent/person concerned for attempted burglary. Steal shall mean any removal or attempted removal, or intention to remove, any property in which you have no lawful Title or Property therein.

I reserve the right to produce a copy of this Notice to the Court in future proceedings.

Yours faithfully






cc. London Borough of Barnet Council

You should also write a separate letter to the London Borough of Barnet Council and inform them of what you have told us in your post above, that the car no longer belongs to your daughter and that she has never been to London.

You should add that as as Equita act directly as their agents and upon their instructions then the London Borough of Barnet Council is equally culpable and liable in this matter and that you believe that they will be held vicariously liable for the conduct of the bailiffs and furthermore that they have a responsibility to monitor what is done in their name. An equally important principle is that everyone who is employed by the Council automatically incurs a legal duty of care to all those who might be affected by his work, his actions or his failure to act

Tell them that you reserve the right to instruct your solicitors to issue proceedings in the County Court, against the London Borough of Barnet Council and Equita as second defendants, within which proceedings you will, inter alia, seek substantial damages together with costs should any further action be taken.