Equita - Illegal fees

[Toyahsam1979]

Hello all,

Thank you for taking the time to read this, I have read through some of your threads but cannot specifically see how to move forward with my issue.

My husband received a parking fine (council issued) and didnt pay it. As the car is in my name it has all fallen on me. When I received the first letters from Equita there was no amounts etc, so I fell into the trap and rang them, I paid half the amount they were asking for £80 ish plus 1 letter, so around £92.00 and said I would call back the following month with the second half which was agreed to. However this week I have been away and on my return I have a Bailiff Removal notice from them. I work in a law firm in the same department as debt recovery, although don't do it myself, so know most of my rights etc.

I know not letting them in and not signing anything limits their powers substantially. My issue is that the amount written on the top of their notice is £361.84. I have seen their own website limits their legal charges to the original debt (now half, plus 1 letter, plus a max of £28.00) coming to roundabout 80.00.

I am guessing first thing TUesday morning the bailiff will be back. Although me and my children are out all day, I am guessing they might come early morning when my car will be here, it is not on HP and is in my name, and as we live on a small close would be hard to park away from my house. I haven't got a problem with paying what I owe, roughly 80.00, but am worried that this bailiff will demand the amount including the illegal charges or will take my car. I don't have family I can turn to to pay on a credit card, and dont have 360.00 to pay and then try and claim back. I am stuck as to what to do now, I was considering ringing the bailiff, but am worried I might just let my desire to sort this out make me look like an easy target.

Any ideas - would emailing Equita help?

[labman]

Re: Equita - Illegal fees

Have a read of this - it should help.

Parking Offences - Legal Beagles Consumer Forum

[Toyahsam1979]

Re: Equita - Illegal fees

Thanks for the reply. I had a read through before I posted.

I cant really do a stat declaration because I was aware of the parking ticket, and this is proven by the fact that I paid half the fee to Equita straight away. My big question is how I get the bailiff to accept the right amount (what I calculate to be the legal fee) and not insist upon the illegal fees. Would emailing Equita help. I have seen from other threads they tend to charge £150 for an attendance fee - Am I right in saying this is totally illegal? How do I get the bailiff to admit it? Or will he just take my car (or clamp it).

Thanks

[labman]

Re: Equita - Illegal fees

Send this to them asking for their fee break down. You can then dispute the amounts as you will have them in writing. You don't say whether it was a PCN or FPN?

[YOUR ADDRESS]
[DATE]



To:
[Insert Name and Address of Bailiff Company]

Ref: Account No: 123456

Dear Sir,

With reference to the above account, I would be grateful if you could provide me with a breakdown of all charges incurred.

This includes, but is not necessarily limited to the following:

a the time and date of any bailiff action that incurred a fee or charge.
b the reason for the fee or charge.
c the name(s) of the bailiff(s) that attended on each occasion a fee was charged.
d the name(s) of the Court(s) at which the Bailiff(s) was/were Certificated.
e the date of certification.
f the initial balance, and any amount currently outstanding on the account

This is not a Subject Access Request under the Data Protection Act S7 1998 so does not incur a fee of £10. You are obliged to provide this information.

I require this information within 14 days.

Yours faithfully,

Sign

[PRINT NAME]

[Toyahsam1979]

Re: Equita - Illegal fees

I will do, thank you.

What is the definitive position on non-statutory charges? I have seen in this forum a lot of occasions where they charge £150 attendance fee (non-statutory). Can they do this?

Also, if anyone has any ideas on how to deal with the bailiff if he visits before I hear back about the list of charges, I would be extremely grateful.

[labman]

Re: Equita - Illegal fees

Could you clarify the position re PCN or FPN please. I am assuming with your reference to the stat dec that it is a PCN, but want to be sure. Fees also vary depending on which it is, as does the court which deals with it.

If the bailiff turns up, continue as you have, don't let them in. Try (I know you said it's hard, but is there nowhere you can put it?) to park your car a little way away. That is the first thing they will go for as they don't need to gain peaceful entry to levy on a vehicle outside.

[Hurricane Puffrose]

Re: Equita - Illegal fees

dont let him in, tell him to post the information and leave or you will call the police, walk away from the door, do not enter in to any discussions with him, park your car away from your house so he cant levy it.

if he gets threatening, call 999

[Toyahsam1979]

Re: Equita - Illegal fees

Sorry, it is a PCN (is that the parking ticket, say for parking on double yellow lines etc).

I will work on parking the car away, I have a garage which is full of junk, I might spend tomorrow moving it out and put the car in there. It is an integrated garage so assume they couldnt go in there when I am home without permission.... if I am not in, the car wont be here anyway.

[labman]

Re: Equita - Illegal fees

PCN or FPN depends on who issued it. If it was the police it will be a FPN and dealt with as a criminal offence, if anyone else it will be a PCN and dealt with as a civil offence.

Good idea about the garage - you don't want to make his job easy!

If a PCN you should file a Statutory Declaration, Out of Time as per the link in my first response.

[Toyahsam1979]

Re: Equita - Illegal fees

It was issued through Derby City Council. So definately PCN.

I thought about the Stat Declaration, but am not sure about what grounds I could lawfully use. I knew about the ticket (albeit assumed husband would sort), and Equita can prove this by the fact I paid half straight away. Can I do a statutory declaration just on the fact I don't know what the £361.84 consists of?

[labman]

Re: Equita - Illegal fees

Is the car registered in your name or your husband's?

[Toyahsam1979]

Re: Equita - Illegal fees

My name. He was driving the car, but as the legal and equitable owner, the PCN came to me.

[labman]

Re: Equita - Illegal fees

If you have the breakdown of fees from the bailiffs, I see no reason why this cannot be submitted as part of your Stat Dec, Out of Time. The point should be made to the LA they are vicariously liable with their appointed enforcement agents for ensuring the process of collecting the fine is lawfully carried out. Adding nefarious fees to the original debt is hardly lawful.

Do you remember how much the original debt passed to the bailiffs was for? If not, you should phone the court and find out. You can then easily calculate the fees which are lawfully payable.

Remember, that even if you complete a SD Out of Time and it is rejected, it will go back to the court for an impartial decision. If the vicarious liability and unlawful fees have been pointed out, can you see the LA allowing it to go back to court for an independent decision?

[Toyahsam1979]

Re: Equita - Illegal fees

Good point! Original debt was about 70.00 and I paid half immediately so less than 40. I will get the ball rolling on it tomorrow. Thanks for all your help tonight, very much appreciated.

Is there any onus in the bailiff to refrain whilst thus process is taking place?

[labman]

Re: Equita - Illegal fees

If you file a Statutory Declaration, Out of Time, you should tell the bailiff and provide them with evidence. On receiving an acceptable application, the TEC will notify the Local Authority concerned, and give them 19 working days to either accept or reject the application.

If accepted, the application will be treated as ‘in time’ and the Court registration will be revoked. The matter is then referred back to the Local Authority who will decide on their next action. If rejected, the application will be referred to a Court Officer at the TEC for an impartial decision to be made.