Parking Fine and Equita Bailiff Fees

[bizzybob]

Re: Parking Fine and Equita Bailiff Fees

Mauy well have to be Formal Complaint, and copy it to the MP also

[bluebottle]

Re: Parking Fine and Equita Bailiff Fees

Mauy well have to be Formal Complaint, and copy it to the MP also

If no warrant exists, we could be talking criminal conduct on the part of Equita, the bailiffs involved and any officer of BCC who allowed it to happen with their consent or connivance.

[bizzybob]

Re: Parking Fine and Equita Bailiff Fees

If no warrant exists, we could be talking criminal conduct on the part of Equita, the bailiffs involved and any officer of BCC who allowed it to happen with their consent or connivance.

In which case the CEO, may well be in the dock, as they often hold a personal liability for such actions, possibly the elected leader too. OP should enter the Formal Complaint and indicate the criminal nature of their agent Crapquitas actions within.

[bluebottle]

Re: Parking Fine and Equita Bailiff Fees

In which case the CEO, may well be in the dock, as they often hold a personal liability for such actions, possibly the elected leader too. OP should enter the Formal Complaint and indicate the criminal nature of their agent Crapquitas actions within.

If there is no warrant in existence, Section 135, County Courts Act 1984 (Pretending To Be Acting Under The Authority Of A Court) comes to mind. That carries a maximum penalty of up to 7 years' imprisonment on conviction, which means that it is an indictable offence and the police can arrest without warrant.

A local authority, unless decreed otherwise, is a public corporation. I do not know of any cases where a local authority has been prosecuted for criminal conduct, other than health and safety and environmental protection breaches. However, this does not prevent officers of a local authority being prosecuted for any criminal acts committed by them during the course of their employment as an officer of that authority. Unless legislation states otherwise, the CEO of a local authority would not be entitled to or enjoy immunity from prosecution for any criminal acts committed by them or council officers with their consent and/or connivance during the course of their employment.

In all cases, the important words are "during the course of their employment".

[bizzybob]

Re: Parking Fine and Equita Bailiff Fees

If there is no warrant in existence, Section 135, County Courts Act 1984 (Pretending To Be Acting Under The Authority Of A Court) comes to mind. That carries a maximum penalty of up to 7 years' imprisonment on conviction, which means that it is an indictable offence and the police can arrest without warrant.

A local authority, unless decreed otherwise, is a public corporation. I do not know of any cases where a local authority has been prosecuted for criminal conduct, other than health and safety and environmental protection breaches. However, this does not prevent officers of a local authority being prosecuted for any criminal acts committed by them during the course of their employment as an officer of that authority. Unless legislation states otherwise, the CEO of a local authority would not be entitled to or enjoy immunity from prosecution for any criminal acts committed by them or council officers with their consent and/or connivance during the course of their employment.

In all cases, the important words are "during the course of their employment".

Exactly, the buck stiops ultimately with the CEO, the problem is often they do not understand or realise the way they can be held personally liable. As can directors of a company, such as the CEO and board members of the bailiff co involved.

[bluebottle]

Re: Parking Fine and Equita Bailiff Fees

Exactly, the buck stiops ultimately with the CEO, the problem is often they do not understand or realise the way they can be held personally liable. As can directors of a company, such as the CEO and board members of the bailiff co involved.

Same principle, bb.

[bizzybob]

Re: Parking Fine and Equita Bailiff Fees

Needs a council CEO in the dock after bailiff muppetry alongside the gaffers of Crapquita, sadly it is unlikely to happen.

[bluebottle]

Re: Parking Fine and Equita Bailiff Fees

Needs a council CEO in the dock after bailiff muppetry alongside the gaffers of Crapquita, sadly it is unlikely to happen.

Never say never, bb.

[Sir Vere Brayne d'Emmidge]

Re: Parking Fine and Equita Bailiff Fees

The final bill of £413.44 is correct ..... if the initial letter demanding £112.00 PNC and TEC fee was delivered to your current address and a first visit was done at your current address (your presence or absence is immaterial) stating that since you did not pay the original £125.44 (including VAT) within 7 days of receiving the first letter the cost had escalated now by £42.15 to £167.59.

If not then they acted illegally

[bluebottle]

Re: Parking Fine and Equita Bailiff Fees

The final bill of £413.44 is correct ..... if the initial letter demanding £112.00 PNC and TEC fee was delivered to your current address and a first visit was done at your current address (your presence or absence is immaterial) stating that since you did not pay the original £125.44 (including VAT) within 7 days of receiving the first letter the cost had escalated now by £42.15 to £167.59.

If not then they acted illegally

The "Enforcement Fee" is not provided for by the applicable legislation and is, therefore, an unlawful charge. The £413.44 Equita are charging is not correct or lawful. Why do you think Equita is currently the subject of an investigation by Northamptonshire Trading Standards over their fictitious charges and overcharging? TSDs do not launch such investigations for the sheer hell of it. They have to have evidence in order to initiate the investigations in the first place. Need I say more?

[bizzybob]

Re: Parking Fine and Equita Bailiff Fees

The final bill of £413.44 is correct ..... if the initial letter demanding £112.00 PNC and TEC fee was delivered to your current address and a first visit was done at your current address (your presence or absence is immaterial) stating that since you did not pay the original £125.44 (including VAT) within 7 days of receiving the first letter the cost had escalated now by £42.15 to £167.59.

If not then they acted illegally

Tell me where in the Regulations Crapquita are permitted to charge an "Enforcement Fee"? or as they usually do, a visit fee plus the enforcement fee plus the levy fee all at the same time?

[spetewu]

Re: Parking Fine and Equita Bailiff Fees

A letter was sent at the beginning of April requesting a copy of the warrant and offering a final chance for them to review the case, no response is received, shall I send a chaser or give an additional week?

[bluebottle]

Re: Parking Fine and Equita Bailiff Fees

A letter was sent at the beginning of April requesting a copy of the warrant and offering a final chance for them to review the case, no response is received, shall I send a chaser or give an additional week?

How many days from the date of their receipt of the letter were they given in which to respond? Did you send it ordinary post or Signed For? Also, did you obtain a Certificate of Posting?

[Ed Ficante]

Re: Parking Fine and Equita Bailiff Fees

Hi there, my apologies if I am posting in the wrong place but I am new to the forum, and new to the bailiff experience. I have read all the posts on this thread and have a situation similar to that of spetewu. I could really do with and really appreciate some help.

To give some background, I received a penalty charge for being in a bus lane by Plymouth City Council, I refuted and still do (I am taking it up separately with the council), in the meantime I have been unwell and several months elapsed before I received a letter in the post from Equita warning of possible bailiff action. The letter gave no indication of the sum being pursued. Upon calling Equita, I was advised that the amount owed was £ 90.00. Being slightly ignorant of this kind of action, I was taken advantage of and pushed into agreeing to pay £ 20.00 every fortnight (The illness I suffered forced me from work and I am receiving benefits). I made 2 payments totalling £ 40.00 and then through a relapse and other family issues I faltered and missed 2 consecutive payments. I then received another posted letter from Equita branded as a removal notice and this time contained the name of a 'bailiff in charge', again though, no detail of the sum being pursued. I called the bailiff immediately to try to resolve it and explain my extenuating circumstances. He advised me that the debt was now £ 351.84. Utterly shocked, I gave him the biggest sob story and have no means to pay such an amount. He advised me to send an email to Equita's bailiff manager and said that I'm sure we can work something out. I did that and literally got a letter back saying your comments had been noted???

Anyway, on Thursday I received a hand delivered final notice with a different 'bailiff in charge' which says that he called at my home to execute a warrant issued by Northampton County Court and that I should make contact within 24 hours or he will return to impound vehicle / remove goods, once again no written indication of the sum being pursued. Currently I have staved off such action as I called the new bailiff and made an arrangement to pay the amount over the next 4 weeks at nearly £ 100 per week (Which I would have to borrow). As I mention, I am new to this action and wish I had read up on this site before dealing with them in the first place. I feel like I have been a right dumbass. Before illness I was a manager in a private London hospital so I have got some savvy and so with some guidance I'm well versed when it comes to writing a letter or two. I just really need some direction.

I have just today requested a statement and break down of the charges on my account and I have also asked them to provide me with a copy of the warrant. If I understand the regulations and the action that has been taken (bearing in mind that none of the letters received indicate the sum being chased and no attendance to remove or levy has been made) then I believe that the sum owed should be just £ 50.00 (£90.00 original debt minus 2 x £ 20.00 that I have paid already). Please could somebody with greater understanding than I, confirm if I am correct at realising the figure shown and what steps I should take upon receipt of the requested information. The whole business has caused me great personal distress and what I have seen in other posts is equally despicable and I really want to go after these people and hold somebody to account. Your help is really appreciated, thanks.

[bluebottle]

Re: Parking Fine and Equita Bailiff Fees

Hi there, my apologies if I am posting in the wrong place but I am new to the forum, and new to the bailiff experience. I have read all the posts on this thread and have a situation similar to that of spetewu. I could really do with and really appreciate some help.

To give some background, I received a penalty charge for being in a bus lane by Plymouth City Council, I refuted and still do (I am taking it up separately with the council), in the meantime I have been unwell and several months elapsed before I received a letter in the post from Equita warning of possible bailiff action. The letter gave no indication of the sum being pursued. Upon calling Equita, I was advised that the amount owed was £ 90.00. Being slightly ignorant of this kind of action, I was taken advantage of and pushed into agreeing to pay £ 20.00 every fortnight (The illness I suffered forced me from work and I am receiving benefits). I made 2 payments totalling £ 40.00 and then through a relapse and other family issues I faltered and missed 2 consecutive payments. I then received another posted letter from Equita branded as a removal notice and this time contained the name of a 'bailiff in charge', again though, no detail of the sum being pursued. I called the bailiff immediately to try to resolve it and explain my extenuating circumstances. He advised me that the debt was now £ 351.84. Utterly shocked, I gave him the biggest sob story and have no means to pay such an amount. He advised me to send an email to Equita's bailiff manager and said that I'm sure we can work something out. I did that and literally got a letter back saying your comments had been noted???

Anyway, on Thursday I received a hand delivered final notice with a different 'bailiff in charge' which says that he called at my home to execute a warrant issued by Northampton County Court and that I should make contact within 24 hours or he will return to impound vehicle / remove goods, once again no written indication of the sum being pursued. Currently I have staved off such action as I called the new bailiff and made an arrangement to pay the amount over the next 4 weeks at nearly £ 100 per week (Which I would have to borrow). As I mention, I am new to this action and wish I had read up on this site before dealing with them in the first place. I feel like I have been a right dumbass. Before illness I was a manager in a private London hospital so I have got some savvy and so with some guidance I'm well versed when it comes to writing a letter or two. I just really need some direction.

I have just today requested a statement and break down of the charges on my account and I have also asked them to provide me with a copy of the warrant. If I understand the regulations and the action that has been taken (bearing in mind that none of the letters received indicate the sum being chased and no attendance to remove or levy has been made) then I believe that the sum owed should be just £ 50.00 (£90.00 original debt minus 2 x £ 20.00 that I have paid already). Please could somebody with greater understanding than I, confirm if I am correct at realising the figure shown and what steps I should take upon receipt of the requested information. The whole business has caused me great personal distress and what I have seen in other posts is equally despicable and I really want to go after these people and hold somebody to account. Your help is really appreciated, thanks.

Hi Ed and welcome to Legal Beagles.

It would be better if you started you own thread so that LB members can give you advice specific to you case. Speaking as a Janner myself, I have spoken to a number of councillors on Plymouth City Council about the behaviour of Equita bailiffs. In your case, the fees are going to be -

Debt = £90.00
Letter Fee = £11.20
Visit Fee = £28.00
Sub-Total = £129.20
LESS = £40.00
Sub-Total = £89.20
VAT @ 20% = £5.84
TOTAL = £95.04

Equita need to explain where the other £256.80 comes from. The answer you will probably get is "Potential Fees". The answer to that is "B*ll*cks". They are unlawful and fraudulent fees." You may find the request for a breakdown of fees will bring a sudden reduction in the fees being asked. Trading Standards regard "potential fees" as Upfront Fee Fraud. Equita are currently under investigation by Northamptonshire Trading Standards over irregularities relating to the fees they charge. Need I say more?