Parking Fine and Equita Bailiff Fees

[spetewu]

Re: Parking Fine and Equita Bailiff Fees

Hi everyone, after 2 letters and a long wait (3 months), I've eventually got a letter from Equita with details of their "fees". I copied this letter below and any comments/thoughts gratefully received:

<<our address>>

5 January 2012

Dear xxxx

Re: Warrant dated xx/06/2011 - Vehicle Registration: Rxxxxxx

Further to your recent correspondence please find detailed below the information you require relating to the above.

Bailiff reference number: xxxxxxxx
PCN: xxxxxxxxxx

Debt: £112.00 xx.06.2011
Initial Letter: £11.20 26.08.2011
Visit Fees: £80.00 08.07.2011 & 21.07.2011
Enforcement Fee: £160.00 29.11.2011
V.A.T £50.24

Total £413.44

Payment received: £413.44 29.11.2011

BALANCE: £0.00

I can also confirm that Mr xxxx Cxxxxxx was certificated at Southampton County Cour on 7 June 2011.

Yours sincerely


Miss x xxxxxxxx
Equita Ltd

Not sure how creditable these statements are, e.g. the actual dates of visit, as we moved house so didn't to receive any correspondence from Birmingham Council/Equita. Even these statements were true, they just kept visiting our old address instead (although they may argue that at the time they searched with DVLA, we were still at the old address).

Many thanks.

[labman]

Re: Parking Fine and Equita Bailiff Fees

They certainly bear no resemblance to the fees they should have charged.

I would send a copy of these to the Head of Revenues at Birmingham city Council along with the following letter:

Dear Sir,

Your Ref: [Insert your reference]

I am writing with regard to the above account. I have been visited recently by your appointed enforcement agents [insert name of bailiff company] who have charged me a total of £xxx.xx.

I do not believe that these fees are legitimately charged, as prescribed by The Enforcement of Road Traffic Debts (Certificated Bailiffs) (Amendment) Regulations 2003. I would therefore be grateful if you could confirm whether or not you believe these to be fair and honest. If they are not, I would request that all excess fees be removed from the total I was charged. Further I would request that any overcharge be refunded to me, along with a suitable gesture of compensation for the distress caused by this.


It may be that you consider it fairer to refund the entire amount when you bear in mind the potential gravity of this abuse by your enforcement agents. I am sure you are aware of your vicariously liability with them, for their actions and charges.

I look forward to receiving your written confirmation one way or another regarding the fees charged. I would also be grateful if you would confirm the position regarding the debt, and any action you intend taking against your nominated enforcement agents. Once this is clarified, I can consider what, if any, further action I may wish to pursue regarding this matter.

Yours faithfully,

Sign you name here

[PRINT NAME]

[spetewu]

Re: Parking Fine and Equita Bailiff Fees

Dear Labman, I've been working abroad since last May and just got back to the country. Remember this case remained unsolved before I went and the last correspondence I had from the Birmingham Council was a letter stated that "the charges appeared to be reasonable and your request for compensation is therefore declined". I just spoke to the council and they were trying to wash their hands about this by pushing me to Equita. May I please get some further help on this? Many thanks.

[labman]

Re: Parking Fine and Equita Bailiff Fees

I am unsure what happens with the time delay due to you working abroad. The council will try to push you back to Equita as that's why they use them. This does not mean you should give in to them.

What correspondence have you had relating to this on your return to this country? An update would be good.

[spetewu]

Re: Parking Fine and Equita Bailiff Fees

Thanks for getting back to me Labman.

I have sent a letter to the Birmingham City Council (the "BCC") in April 2012 requested compensation by using the template you provided on 21 March 2012. The last correspondence I had from the BCC was dated 30 May 2012, in which they claimed the charges were reasonable and therefore they would not pay out any compensation. I then moved abroad in June and only returned to the country in early Jan. During the period I was abroad, I had not been able to deal with the case and literally no progress was made.

Just talked to the BCC yesterday and the person claimed that he could not access to any previous correspondence as the case is old; he also claimed that it was Equita who charged us the fees so if I have ANY reservation I must go back to Equita (and not BCC). The person appeared to be very rude and kept interrupting while I was still talking to him, I just felt this conversation would take me nowhere and if I still want to fight back I must write to them again or take them to court.

Would you please kindly advise me what action I should take at this stage. I really want to bring this to an end, dealing with those people is difficult, it really is!

Thanks again.

[labman]

Re: Parking Fine and Equita Bailiff Fees

I think the next step would be to calculate the charges as you believe they should be. These are outlined in the bailiffs tab - Parking Offences sticky at the top of the page.

I don't have them in front of me at the minute but to calculate charges, as I remember, you:

1. Initial debt

2. Letter fee £11.20

3. Visit 1 @ 28% x (1 + 2)

4. Visit 2 @ 28% x (2 + 3)

5. Visit 3 @ 28% x (3 + 4)

If sum exceeds £200 then the 28% drops to 5.5%

I'm not sure what an Enforcement Fee is. I would have to check, but I can't remember this being legitimate.

VAT @ 20%

Gives total.

If this does not match with what you paid (bet it doesn't!), then write to the CEO, enclosing a copy of the letter from the Head of Revenues which stated all charges were correct and adapt Letter 5 from here: http://www.legalbeagles.info/forums/...604#post310604

Wait and see what response you get.

I'd post up the breakdown of charges once you've done them so we can double check them.

[spetewu]

Re: Parking Fine and Equita Bailiff Fees

Thanks for the valuable advice. Before I start drafting the letter, would you please kindly review my calculations of the fees (these compared with Equita fees in red):

- Initial debt: £112.00 £112.00

- Letter fee: £11.20 £11.20

- 1st visit: £34.50 = 28% x (112.00 + 11.20) £80.00

- 2nd visit: £44.16 = 28% x (112.00 + 11.20 + 34.50) £0.00 (they only disclosed a sum of £80 for 2 visits)

- Enforcement Fee: £0.00 £160.00

- VAT: £40.37 £50.24 (even the VAT was made up as it does not work out to be anywhere near 20%)

So total fees they could possibly charge is £242.23 (compared with Equita's fee of £413.44)

I just checked the standard fees, charges and expenses on Equita's website http://www.equita.co.uk/Portals/6/Th...20amended).pdf, no such "Enforcement Fee" is listed in any of the clauses. I believe that this was made up and should not be charged at all.

Can you please confirm my understanding of the "Enforcement Fee" is correct. If you agree with my calculations, I will then draft the letter to Stephen Hughes, the CEO of Birmingham City Council.

Thank you.

[labman]

Re: Parking Fine and Equita Bailiff Fees

Working before I look at yours to see if they're the same.

1. Initial debt £112.00

2. Letter fee £11.20 (Total 122.20)

3. Visit 1 @ 28% x (1 + 2) ----> 28% x £122.20 = £34.22 + 122.20 = Total of £156.42

4. Visit 2 @ 28% x (2 + 3) -------> 28% x £156.42 = £43.80 + 156.42 = Total of £200.22

5. Visit 3 @ 28% x (3 + 4)--------> 5.5% x 200.22 = £11.01 + 200.22 = Total of 211.23

If sum exceeds £200 then the 28% drops to 5.5%

I'm not sure what an Enforcement Fee is. I would have to check, but I can't remember this being legitimate.

VAT @ 20% --------> 20% x £211.23 = £42.25 + 211.23 = Total of £253.48

Gives total. --------> £253.48

If this does not match with what you paid (bet it doesn't!), then write to the CEO, enclosing a copy of the letter from the Head of Revenues which stated all charges were correct and adapt Letter 5 from here: http://www.legalbeagles.info/forums/...604#post310604

Wait and see what response you get.

Their own website linked below mentions nothing at all about Enforcement Charges. I would quote this link to their own website in a letter to the council's CEO. It would appear to me they are trying to overcharge considerably. The only calculation I haven't done, which they might to increase the debt, is to add VAT at every stage. I know of nowhere else where this happens or acceptable, so I would question their ability to do this if they say they can.

Hope this has helped!

http://www.equita.co.uk/Portals/6/Th...amended%29.pdf

[ploddertom]

Re: Parking Fine and Equita Bailiff Fees

Just talked to the BCC yesterday and the person claimed that he could not access to any previous correspondence as the case is old; he also claimed that it was Equita who charged us the fees so if I have ANY reservation I must go back to Equita (and not BCC). The person appeared to be very rude and kept interrupting while I was still talking to him, I just felt this conversation would take me nowhere and if I still want to fight back I must write to them again or take them to court.

One thing of note is that BCC have outsourced the majority of all their admin functions to a private company called Capita. It is quite obvious from what you say that you did not speak to an actual Council employee but one of Capita's instead. They are known for being rude & unhelpful and will blatatntly lie to you. Did I also mention that Capita own a Bailiff Co called Equita - need I say more.

[spetewu]

Re: Parking Fine and Equita Bailiff Fees

Thanks guys, the letter is off to Stephen Hughes yesterday, let's wait and see what response I get. Will post an update here once I have an response. Thanks again to all you kind people.

[L-Smillie]

Re: Parking Fine and Equita Bailiff Fees

Good luck I have opened an official complaint with equita, quoting their own fees. Have had an email saying I will get a witten response within a few days. I have requested a £255 refund as they sent me one letter and stuck one letter through my front door then charged me £423 for the pleasure!! I let them know I had also copied to OFT, council and local councillor. Bunch of crooks!

[spetewu]

Re: Parking Fine and Equita Bailiff Fees

Dear all,

Just report back the response I have about 3 weeks ago from Stephen Hughes, the Chief Executive Officer of BM Council. He mentioned in his letter that "the bailiff fees that you have been charged have been reviewed and it has been confirmed that they are correct and consistent with current legislation".

He confirmed the breakdown of the fees is as follow:

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

He also mentioned that I have not correctly calculated the fees as I have not allowed for the enforcement charges. He quoted Article 6 of the Enforcement of Road Traffic Debts (Certificated Bailiffs) Regulations 1993 (Schedule 1 as amended 2003) that " 'reasonable costs and charges' may be added for removal or attendance with the intention to remove goods. Equita have therefore charge £160.00 for all removal visits, which also includes a van attendance fee."

Is this true or is it just another letter attempting to shut me up? Should I swallow the £400 bill and let Equita carry on laughing at me?

[CleverClogs]

Re: Parking Fine and Equita Bailiff Fees

Ask the Chief Idiot where in the regulations there is any mention of an "enforcement fee" rather than fees to levy distress.

Tell him that as he seems unable or unwilling to ensure that Equita charge only those fees specified in the regulations, you intend to refer the matter to the Local Government Ombudsman, that your letter (or email) offers him one last chance to remedy the problem and that, if the matter is not satisfactorily resolved by fourteen days hence, you will take it to the LGO with no further notice.

[spetewu]

Re: Parking Fine and Equita Bailiff Fees

CleverClogs,

Thanks for your advice.

He is somewhat correct that Article 6 does specify that "For removing goods, or attending to remove goods where no goods are removed, reasonable costs and charges." The Legislation can be found at http://www.legislation.gov.uk/uksi/1...chedule/1/made.

Are there still spaces for me to argue?

Thanks.

[CleverClogs]

Re: Parking Fine and Equita Bailiff Fees

He is somewhat correct that Article 6 does specify that "For removing goods, or attending to remove goods where no goods are removed, reasonable costs and charges." The Legislation can be found at http://www.legislation.gov.uk/uksi/1...chedule/1/made.

But the bailiff had not attended to remove any goods - all he had done was attend to levy distress by affixing a clamp to a motor car and, subsequently, to remove that device. All he is entitled to receive is the letter fee and the two visit or levy fees, when properly calculated rather than made up to suit the bailiff's bar tab.

Are there still spaces for me to argue?

Yes, of course!