Chad v Equita

[Amy]

Re: Equita bailiff visit re parking fine

No, don't contact them at all. Let them stew.

[chad81]

Re: Equita bailiff visit re parking fine

thank u.x

[chad81]

Re: Equita bailiff visit re parking fine

hi again,today ive received my letter back from the courts and theyve refused my out of time statement and referred it back to the bailiff,any ideas on wot i can do now,the cheque for the sar has been taken from my bank but as of yet ive not received the statement from them,im back to parkin my car away from my house and keepin my blinds closed!nerves r on edge again.pls help.thanks.x

[Amy]

Re: Equita bailiff visit re parking fine

What does it say, if anything?

[chad81]

Re: Equita bailiff visit re parking fine

it is ordered that under rule 23.8 of the civil procedure rules the court will deal with the application for leave to file a statutory declaration/witness statement out of time without a hearing because the court does not consider a hearing in northampton would be appropriate.

the application for leave to file a statutory declaration/witness statement out of time to be REFUSED.

the traffic enforcement centre tec is unable to assist with any queries you may have regarding why the application was refused.reasons are not held on court record and the court officer is not required to give an explanation for refusal.please be aware that any enforment action may be reintroduced by the local authority pursuing you and the tec do not have the authority to stop such enforment action.

thats the most of wot it says.basically i can pay 75pound to have a hearing but that may not be successful and there may be more costs put on top.where do i go from here,i really cant afford to pay 391.06 to any1 never mind a bailiff.pls help.x
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hi can i just add that apart from the bailiff comin and clampin my car when this issue was on hold ive had no other visit to my house.apart from 2 letters which i did ring to sort this mess out but tnt post put paid to that before i even received the letters.x

[Amy]

Re: Chad v Equita

What forms did you use to file the Out of Time and what wording did you use in it?

Did you have it sworn?

Have you had a reply to your SAR?

[chad81]

Re: Chad v Equita

i filled out the forms the court sent me,they emailed them to me and i emailed them back,not sure if they were sworn,wot does that mean,ive had no reply to the sar as of yet but they cheque was taken from my account already.x
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ill have to wait for my partner to find the email,im not that great with computers.ill get him to copy and paste it and u can have a look if u dont mind,he wont be in till later tho.thanks.x

[Amy]

Re: Chad v Equita

If you filled out a PE2 and a PE3, then they would have needed to be sworn. However, if you filled out a TE7 and a TE9 then they do not need to be sworn.

Did you take a copy of the forms?

Send them this reminder for your SAR, but do not include the final paragraphs unless you mean it.

Dear

Re: Data Protection Act 1998 Subject Access Request

On (date you wrote the SAR) I sent a formal Subject Access Request and included the statutory maximum fee of £10, according to the above Act, which was received by your office on **************.

I have attached a copy of my original letter of (date you wrote the SAR) for your convenience. I suggest that you attend to my request as a matter of urgency.

This letter has been sent by first class post and therefore should have reached you by (calculate the date) and the date of receipt will be indicated by Royal Mail's service audit. I have no doubt that you will be aware, as of this date your statutory 40 days for compliance will be almost expired.

I look forward to receiving the information I requested. However, should the statutory deadline expire without receipt of the information that I have requested, I will be left with no alternative but to commence a County Court action under s.7 and s.15(2) of the Data Protection Act 1998 when I shall seek a Court order obliging you to comply together with damages at the discretion of the Court and without further notice to you.

Furthermore I will escalate this matter into an official complaint to the Information Commissioner.


Yours sincerely

[chad81]

Re: Chad v Equita

it was the te7 and te9 that was sent to the tec.that is wot they emailed to us.i sent the sar to them on the 23/4 by recorded delivery and they would have received it on the 26/4.they still have a couple of wks to send the sar to me,will i hold out till nearer the time to send that letter to them.we have still got copies of both the forms that were sent to the tec do u want to take a look at them.where do i go from here.ive no doubt that the bailiff will be back at my house in the nxt day r so,as he will be looking to reclaim the clamp that he illegally put on my car.xx

[Amy]

Re: Chad v Equita

What wording did you use on the forms?

[chad81]

Re: Chad v Equita

Form TE7
Application to file a statement out of time/extension of time

Please complete this form in black ink using BLOCK CAPITALS
Traffic Enforcement Centre
Northampton County Court Bulk Centre
St. Katharine’s House
21 – 27 St. Katharine’ Street
Northampton, NN1 2LH

Penalty Charge No.


Vehicle Registration No.





You must ensure that all details above are correctly entered from the form TE3 - Order for Recovery of unpaid penalty charge (Parking).
This application must be completed (Read notes overleaf) before sending the statement to the Traffic Enforcement Centre at the above address or customerservice.tec@hmcourts-service.gsi.gov.uk


If your application is refused you may apply to review the Court Officers decision. The matter will then be transferred to your local county court. Please note: The District Judge will only consider whether there is good reason to file the Witness Statement out of time and will NOT hear the case of the alleged traffic contravention.



The above named respondent applies for permission to file a statement to file a witness statement:
Reason(s): I had genuinely sent a cheque for the full amount of 35 pound to cover the ticket there was no reason not to. I’m a full time u.k resident with 3 children and a part time job and a car on h.p there is no way for me to evade this ticket and would be stupid to think I could. About a month had passed by when I received another fine for 105 pound I didn’t respond to the letter having all ready responded to the previous fine. On the 8th of April I then received a letter from the bailiffs for removal of goods from my home. I instantly contacted the bailiffs and was pretty much brushed aside by the ignorance of the bailiff company who told me to check my bank statements to see if the amount had been taken whilst i was checking my online banking she hung the phone up on me. The cheque was never cashed. But was most definitely sent I can only apologise for the cheque not making it to the correct place but it was pretty much out of my hands. I received another letter notice of removal of goods with no breakdown of costs which were incurred along with this fine I then contacted the bailiffs to resolve this problem but they would not give me any information what so ever numerous times i contacted this company and have phone records to back it up and time after time they tried bully boy tactics into scaring me into paying money and continuously time after time which became very upsetting hanging the phone up on me. How am I supposed to resolve this. It seemed to me they were stalling for some reason. I also received a letter from them dated the 16th of April but never received it until the 22nd of April again more stalling. When I finally got to talk to the bailiff to pay the fine which I have no problem with paying it had escalated to a whooping 391.06p now surely something is not right there and above all that I most certainly cannot afford this ridiculous amount. When I told the bailiff this he said “well there’s nothing more to discuss” which again made me even more worried and concerned. Do you know how threatened and vulnerable I was made to feel by this man which I think in this day and age is sickening. I hope this can be dealt with as a matter of urgency and understanding as I am unbelievably stressed from all of this especially the threats from bailiffs who have no consideration that mishaps do happen. Why would I risk a 35 pound ticket to get my 9000 pound car towed away. Thank you for taking the time to read my explanation and enjoy the rest of the day.
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apart from my details ive copied the letter and did as they told me to do.x
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i have to go to work now but ill check tom wot ur suggestion could be get this sorted.thanks.x

[chad81]

Re: Chad v Equita

hi can u advise on where i go from here,i feel like ive hit a brick wall.thanks.x

[Amy]

Re: Chad v Equita

You need to push for your information using the letter I gave you in post #23.

I think this is the best way to go now.

[chad81]

Re: Chad v Equita

so im gona have to pay them regardless?ill send them the letter and hope they respond asap.thanks for ur advise,ill let u no how i get on.x

[Amy]

Re: Chad v Equita

Don't be so defeatist.

You need to have your information before you can fight the fees.