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i have just been left a form 7 notice of seizure on my car from a mr kindell of equita (0401bailiff no)regarding an unpaid pcn.i checked the bailiff register and found no trace of this man.the origonal offence i ignored by burying my head in the sand which i know was foolish.at the time of the pcn i owned the car but was not registered as the owner on the log book.when i first received the demands from equita i filed an oot explaining that i was not the registered keeper till feb 09 ,ieven sent in the log book which i never received back.the o.o.t. appeal was rejected and i managed eventually to get hold of someone from equita about resolving the situation.i was told i had to pay £140 pounds that day over the phone by debit card,i explained it was not possible for me to do so at that time but i would be willing to pay asap, i kept trying the mobile number but it was always switched off,which brings me to where i am now.the amount owing is now at£359.73,i do not know which way to turn now as i have been laid off from work a week after receiving my notice of seizure and can not pay this sum.i would be most grateful for any advice you can give me.
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Tags: bailiff, bailiffs, bailiffs., clamp, clamped, court, debit card, debt, defend, dell, demands, dispute, dvla, equita, explained, find, help, home insurance, insurance, judgement, law, legal, legalbeagles, legally, notice of seizure, offence, owned, parking fine, payment plan, pcn, set aside, settlement, subject access request, wondered -
Re: kjcceltic1 v Equita (Parking Fine)
Where did Equita get your details from if you were not the registered keeper?
The thing is, if you disputed the debt initially, why are now willing to pay? -
Re: kjcceltic1 v Equita (Parking Fine)
equita had my details because it went to northhampton county courtand a judgement was passed against me,like i said foolishly i just ignored it till equita started pestering me ,and on 7th of october they left stickers on my car saying not to move it because it had been immobilised and i would be breking the law.i dont know if they were waiting to clamp the car but as soon as i spotted the stickers i moved the car away.im just looking for some advice as the best way to deal with the situation,cheersComment
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Re: kjcceltic1 v Equita (Parking Fine)
you need the judgement to be set aside.
You would need proof that you were not the owner at the time the offence was committed.
Have you replaced the logbook and does it show you were not the owner?
If so then you need to show this to the court as they cannot make you pay a fine if you were not the legal owner. I take it the court got your details from DVLA after you became the legal owner as it went to court afterwards?
I am sure the original court judgement could be overturned if you can prove this.....
RussComment
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Re: kjcceltic1 v Equita (Parking Fine)
the offence was dated aug 08 ,i was the owner of the car but it was not registered in my name till feb 09,this is shown on the log book,i appied for an o.o.t and sent the log book in to northampton.the out of time appeal was rejected but they never returned my log book.the thing im really looking for is advise with how to deal with the bailiffs with regards to this matter,Comment
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Re: kjcceltic1 v Equita (Parking Fine)
If you are willing to pay, I would suggest that you send the bailiff a Subject Access Request and you can find that here Bailiff - SAR - Legal Beagles
This will help you determine how they have arrived at a figure of £359.73.Comment
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Re: kjcceltic1 v Equita (Parking Fine)
i have just copied the template on sar , i am going to post it today , just wondered what the procedure is after i post it,will it put everything on hld or can the bailiffs still call at any time. cheers kevinComment
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Re: kjcceltic1 v Equita (Parking Fine)
Ok.... I read this wrong.....
I thought the car was someone else's at the time of the charge....
I don't know where you stand legally with removing the car with the stickers on it before they clamped it?
have you got RAC or AA cover or legal advice line with Car or Home insurance company?
As all of these can give very good free legal advice....
Only a thought.....
RussComment
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Re: kjcceltic1 v Equita (Parking Fine)
They can still call, but it will at least let them know that you know your rights.Originally posted by kjcceltic1 View PostComment
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Re: kjcceltic1 v Equita (Parking Fine)
id rather fight the original parking offence as well as the bailiffs if anybody knows how to challenge it ,and what the legal situation is regarding my name only being on the log book as registered keeper since feb 2009. many thanks for all your time and help ,kevinComment
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Re: kjcceltic1 v Equita (Parking Fine)
Hi kjcceltic1, was it you that received the PCN ?
Or was someone else using the car at the time?
Why was the car owned by you in Aug 08 but not registered to you until Feb 09?
Why did you not pay the PCN when it was issued?
Why did you not defend the case when it went to court?
What reason do you feel there is to fight the PCN now?
Sorry to sound blunt, but these are all questions that they will ask you...... just thought I would get this out of the way.....
If you are going this route then continue to negotiate a settlement or payment plan with court or bailiffs.......You must make payments......
treat payment and original PCN dispute as seperate.......
Was the PCN was issued incorrectly?
Was it on private land?
We will need to know what you intend to fight it with....
Let me know.....
RussComment
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Re: kjcceltic1 v Equita (Parking Fine)
I SENT A SAR TO EQUITA ON 23/10/09, THE LETTER WAS DELIVERED BY RECORDED DELIVERY BEFORE 10AM ON 26/10/ 09.my cheque for £10 was taken out of my account on 20/11/09 but i have still not heard anything from equita,could you please tell me what course of action to take next now the 40 days has passed.thanks.Comment
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Re: kjcceltic1 v Equita (Parking Fine)
Write them one reminder letter and make it clear that they must supply you with your data as requested within (say) the next 7 days or you will file an N1 which will force them to supply it.Comment
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Re: kjcceltic1 v Equita (Parking Fine)
cheers, will get on to it straight awayComment
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Re: kjcceltic1 v Equita (Parking Fine)
could you please tell me what an N1 form is and how do i go about sending it. thanks for your helpComment
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