Excessive bailiff charges - Please help

[joemanton]

I'm new to the site but just came across and need some advice.

I'm one thats usually very good with finances so this is all new and scary to me. Anyway, about 3 months ago I received a parking ticket, I didn't pay it as I was disputing it due to it being a bank holiday.

The rejected my claim but stated I could dispute again, however, due to new job and finishing uni (excuses) I just kept putting it off. The original fine was around £70 and then went to £112.

Anyway still putting it off I received a letter from Equita. I barely read it and stuffed it in a draw to deal with the next day. However, 2 days ago a bailiff turned up on my door. Luckily no one was in but my sister came home later to find a hand delivered letter.

I called the bailiff and he told me my balance had now gone up to £414+ and I must pay now unless they'll come tomorrow and increase again around £150. I was absolutely stunned. But to cause any further costs I unwillingly paid and then decided to try and fight it rather than fighting further costs.

I am waiting of a breakdown of the costs but as my claim will probably get rejected again I take it I'm not entitled to claim anything back?

But surely these costs are ridiculous and I've been overpriced?

It will be the last time I put something off anyway. This has crippled me.

Any help or advice will be greatly appreciated.

[labman]

Re: Excessive bailiff charges - Please help

It is impossible to advise you on this without knowing the type of parking fine, whether it was processed through County Courts or Magistrates' Courts and the name of the Bailiff company in question as they all have differing scales of fees. If its ended up in the Magistrates' Court as I would guess, then you can get the fees either from the court or from the enforcement agents (often they're on their website).

If you could provide the information above please it would be helpful. Have you read this?

Parking Fine Guide - Legal Beagles Consumer Forum

[joemanton]

Re: Excessive bailiff charges - Please help

Hi Labman, Thanks for your reply.

It was through Northampton County Court and the company was Equita.

I have a breakdown of the costs;


Debt: £112.00
Initial letter: £11.20
Visit fee: £80.00
Attendance charges: £160.00
Card charge: £10.33
VAT: £52.31

Do I have a leg to stand on with claiming any of this back?

[labman]

Re: Excessive bailiff charges - Please help

Here is a breakdown of Equita's charges taken directly from their website:

http://www.equita.co.uk/LinkClick.as...0%3d&tabid=202

By my reckoning on a fine of £112 you should pay:

Initial Letter: £11.20

Visit Fee: £31.36

VAT: £8.51

Total: £51.07

(A little different to their £313.84)

There is NO mention in their Schedule of Charges of a card fee, and if this is legal (I believe it is now?) then it should be a one off fee, MUCH lower than this, and should not have VAT on top of it.

For what was the Attendance Fee? Did they actually visit more than once?

Whatever the scenario their charges are ridiculous. I would write to them and copy in the council reminding them of their vicarious liability with their appointed enforcement agents, demanding that all excessive fees be refunded forthwith.

[joemanton]

Re: Excessive bailiff charges - Please help

So how am I to claim this back?

Write an email or letter to Equita and the council that initiated the charge? (Salford Council) or the County Court the fine was processed through.

They only visited once. I don't understand the difference between visit fee and attendance fee?

So in theory I could ask them to remove the attendance fee and card fee? And also reduce the visit charge?

Thanks

[labman]

Re: Excessive bailiff charges - Please help

A visit fee is what it says - a fee for visiting you. An attendance fee is a fee to attend to remove goods. If no valid levy is in place, no attendance fee should be charged, and you cannot be charged for two things on the same day.

It's not "in theory" - they should not have been charged, full stop! (not 100% on the card fee, but IF they can charge it, it certainly should not be this much and no VAT should have been charged on it. ALL unlawful charges should be reclaimed. They have stolen your money.

To reclaim you need to go through the bailiff's Complaints Procedure to complain about their fees. Copy everything you send to the bailiffs to Salford Council's Head of Revenues as the council are 'vicariously liable.' This means they are equally culpable, with Equita, for the overcharging.

I would also complain to:

ACEA - Association of Civil Enforcement Agencies

and to:

CIVEA - Civil Enforcement Association

Both of these are the 'Professional' Associations to which Equita belong. Simply click the link, then click the Complaints tab.

[joemanton]

Re: Excessive bailiff charges - Please help

Thanks very much for this. It's greatly appreciated.

I have emailed their complaints department and also copied in the Head of Finance for Salford City Council.

Do I not need to send anything to Northampton County Court?

I have basically asked for a refund for the added charges. What happens next? I assume they will just outright reject my request.

[labman]

Re: Excessive bailiff charges - Please help

We wait and see!:tinysmile_grin_t: It's important to follow the Complaints Procedure properly though, so forget about this for a few days and get on and enjoy a good Christmas!

[joemanton]

Re: Excessive bailiff charges - Please help

Thanks.

You too. Have a good one.