Parking Fine and Equita Bailiff Fees

[Fair-Parking]

Re: Parking Fine and Equita Bailiff Fees

Birmingham City Council like many other councils do not prepare warrants and thus there could never be any lawful enforcement. Do not argue about bailiffs fees with BCC because none are due. No warrant - no enforcement.

BCC is one of more elaborate 'smoke and mirrors' tricks. Bet they didn't tell you that BCC doesn't administer its own tickets and instead outsources the whole lot to a company called Civica. And here is the even more devious hidden trick - Civica own Equita.

Fair play for all is guaranteed to be unobtainable. It just won't look like that with succesive layers of deceit as thick as an onion skin.

[bluebottle]

Re: Parking Fine and Equita Bailiff Fees

Birmingham City Council like many other councils do not prepare warrants and thus there could never be any lawful enforcement. Do not argue about bailiffs fees with BCC because none are due. No warrant - no enforcement.

BCC is one of more elaborate 'smoke and mirrors' tricks. Bet they didn't tell you that BCC doesn't administer its own tickets and instead outsources the whole lot to a company called Civica. And here is the even more devious hidden trick - Civica own Equita.

Fair play for all is guaranteed to be unobtainable. It just won't look like that with succesive layers of deceit as thick as an onion skin.

Don't you mean Capita? Or has Capita changed their name, thinking they fool everyone? If Birmingham City Council has, indeed, not issued a valid distress warrant, that would make Equita's actions ultra vires ab initio

As for the fees Stephen Hughes claims are legitimate, as you will know, F-P, you cannot attend to levy and attend to remove on the same visit. TSOs regard this as "upfront fee fraud", one of the many reasons Equita is being investigated by Northamptonshire Trading Standards over its fees.

[bizzybob]

Re: Parking Fine and Equita Bailiff Fees

All councils with a Capita infestation should look very closely at what their agents are doing, they could end up in a lot of bother

[bluebottle]

Re: Parking Fine and Equita Bailiff Fees

To the best of my knowledge and belief, elected representatives can be surcharged for any losses a local authority incurs as a result of their failure to exercise due care and diligence or as the result of corrupt and improper practice on their part. They are also amenable to the full might of the law. Westminster City Council's gerrymandering scandal is a classic example. Dame Shirley Porter was surcharged £42 million and promptly absconded to Israel, knowing the UK had no effective extradition treaty with Israel. Council officers, too, are amenable to the full might of the law. To the best of my knowledge and belief, current legislation does not confer any form of immunity from prosecution, whether civil or criminal, upon them for any act committed by them during the course of their employment.

[bizzybob]

Re: Parking Fine and Equita Bailiff Fees

To the best of my knowledge and belief, elected representatives can be surcharged for any losses a local authority incurs as a result of their failure to exercise due care and diligence or as the result of corrupt and improper practice on their part. They are also amenable to the full might of the law. Westminster City Council's gerrymandering scandal is a classic example. Dame Shirley Porter was surcharged £42 million and promptly absconded to Israel, knowing the UK had no effective extradition treaty with Israel. Council officers, too, are amendable to the full might of the law. To the best of my knowledge and belief, current legislation does not confer any form of immunity from prosecution, whether civil or criminal, upon them for any act committed by them during the course of their employment.

Exactly the lot of bother i was alluding to, perhaps BCC need to sort themselves out before they end up being surcharged.

[CleverClogs]

Re: Parking Fine and Equita Bailiff Fees

Who imposed the surcharge on "Lady" Tesco?

[bluebottle]

Re: Parking Fine and Equita Bailiff Fees

It's up to the good people of Birmingham to expose corruption within their local authority and to make a lot of noise about it, too. The more people who speak up and expose corruption, the better. The likes of Capita rely on the public being compliant and docile. Once the public show they will not be compliant and are angry about corruption and private sector companies trying to undermine their democratic rights, rights their ancestors have fought and died for, the sooner private sector companies will realise their days of ripping off the public purse and exposing individuals to violence and fraud are coming to an end.

Public apathy is the ally of these private companies. Campaign groups like 38 Degrees, Avaaz.com and change.org can and do force politicians, both local and national, to think again. I belong to all three and significant victories have been won, especially with the proposed attempts to privatise the NHS.

Get organised because that is what scares corporate interests. They know that when the public become involved in organised campaigns, the politicians will be forced to listen and not try and cheat or deceive, because they know the campaigns will simply up the pressure on them.

[Fair-Parking]

Re: Parking Fine and Equita Bailiff Fees

My mistake - It is Capita. That's whats happens when you spend over 50 years supporting Birmingham City

[bluebottle]

Re: Parking Fine and Equita Bailiff Fees

Who imposed the surcharge on "Lady" Tesco?

It was either a court or a tribunal, CC. However, it does need to be researched in order to confirm this as it was sometime ago.

[spetewu]

Re: Parking Fine and Equita Bailiff Fees

Guys, many thanks for all your responses. I am still a little confused, Stephen Hughes claimed £160 was charged for removal or attendance with the intention to remove goods (by clamped my partner's car), does his arguement stand? To be honest I am not so sure what are the differences between "levy distress" and "enforcement". In his response, Stephen Hughes attached a breakdown of fees which stated that Equita charged £80 for 2 visits/levy and £160 for enforcement visit(s). Beside, how can I be sure whether a warrant was issued at the first place? I am completely clueless on what am I supposed to argue here, should I claim that Equita can only charge for levy distress as no enforcement was actually taken place; or should I argue that the so-called "enforcement charge" be not legitimate because they do not have a valid warrant in place?

[bluebottle]

Re: Parking Fine and Equita Bailiff Fees

Debt - £112.00
Initial Letter - £11.20
Levy/visit fees - £80.00
Enforcement Fee - £160.00
VAT - £50.24
Total - £413.44

Okay. The above are the fees Equita and Stephen Hughes, CEO of Birmingham City Council, claim are correct. A few questions -

1. How many visits did Equita make in total?
2. When they turned up to remove the clamp, what vehicle or vehicles did they turn up in?
3. How many days elapsed between them clamping the vehicle and removing the clamp?
4. Have Equita or Birmingham City Council produced a copy of a warrant to you at any time?

I am not satisfied that either Equita or Birmingham City Council have or are acting lawfully in your case, spetewu. If you could provide answers to the questions I have listed, this might enable us to determine the legality of their actions and what course of action, if any, needs to be pursued.

[spetewu]

Re: Parking Fine and Equita Bailiff Fees

Many thanks for offering help bluebottle. Please find below answers to your questions.

1. How many visits did Equita make in total?

Equita claimed they made 3 levy visits dated 8 July, 21 July 2011 and, surprisingly, 10 August 2013 (although no fee was charged for the 3rd visit but this is clearly wrong as the case closed in November 2011). The levy fees charged were £35 and £45 for the first 2 visits.

And 3 enforcement visits on 21 Sep, 10 Oct and 29 November 2011 at which the vehicle was clamped. A sum of £160 was charged for all 3 visits.

2. When they turned up to remove the clamp, what vehicle or vehicles did they turn up in?

Not sure, my partner was working at a client's office nearby. When she returned to her car shortly after I made the payment, the clamp's gone already.

3. How many days elapsed between them clamping the vehicle and removing the clamp?

It was on the same day, probably just a couple hours from the point they clamped the vehicle.

4. Have Equita or Birmingham City Council produced a copy of a warrant to you at any time?

They have never produced this.

[bluebottle]

Re: Parking Fine and Equita Bailiff Fees

Right. I am sure other LBs will correct these figures if there are any errors -

PCN = £112.00
Letter = £11.20
1st Visit = £31.36
2nd Visit = £43.28
3rd Visit = £56.83
Sub-Total = £254.67
VAT@20% = £28.54
TOTAL = £283.21

They can only charge for a maximum of three visits. They cannot levy and remove on the same day. A debtor must be given an opportunity to pay and the period between seizure and removal is normally 5-7 days. Therefore, in view of this and the fact that the "Enforcement Fee" is not provided for under the Enforcement of Road Traffic Debts (Certificated Bailiffs) Regulations 1993-2003, it cannot be charged.

The only visits they can legitimately charge for are -

08/07/11
21/07/11
21/09/11

The 10/08/13 visit may be an error and the correct date may be 10/08/11. However, if this is the case, it makes the visits on 21/09/11, 10/10/11 and 29/11/11 not chargeable.

Certainly ask to see a copy of the warrant. Any refusal and I would be inclined to smell a rat. Equita has overcharged you to the tune of at least £130.23

[CleverClogs]

Re: Parking Fine and Equita Bailiff Fees

The 10/08/13 visit may be an error

Do you really think they'll not turn up this August?

and the correct date may be 10/08/11.

Or 10/08/12? But wouldn't the warrant - if there ever was one - have expired by then?

[bluebottle]

Re: Parking Fine and Equita Bailiff Fees

Do you really think they'll not turn up this August?


Or 10/08/12? But wouldn't the warrant - if there ever was one - have expired by then?

Very true, CC. The OP needs to insist on seeing the warrant, if it exists. If it doesn't, Equita, their brainless bailiffs and the CEO of BCC are in serious excrement.