Bailiff, where do I stand :(

[Bexxi79]

Hi, my first post here so please be gentle, I'm worried sick at the moment, anyways I borrowed my mothers car for a trip to Newcastle and stupidly parked in a permit zone , got a ticket and forgot about it, after two months or so the first letter that was sent was an order for recovery of unpaid penalty charge, no reminder before that whatsoever, due to financial difficulty I stupidly ignored the letter, second letter then came a month later off Equita demanding a sum of £125, no problem phoned them up to arrange a payment plan but said I'm too late and has been passed on to their Equita certified bailiff, mr bailiff can only deal with it, surprise surprise a letter this morning stating "delivered by hand" bailiff removal " I have called at your home today to execute a warrant issued by Northampton county court"
I phoned mr bailiff up and said hello I'd like to make a payment plan for my debt which is now £352 from a few days ago, he said sorry don't do payment plans, see you tomorrow, !!

I want to pay £125 yeas but £352 in just a few days and only three letters? I've looked on the bailiff register and cannot find him, where do I turn I'm so scared he will take my mothers car which is now parked elsewhere , I also asked gor a copy of the warrant, a breakdown of charges and his bailiff certificate, he said no problem and see you tomorrow .

Any help really appreciated

Becky

[bluebottle]

Re: Bailiff, where do I stand

Hi Becky and welcome to Legal Beagles.

Firstly, Equita are under investigation by Northamptonshire Trading Standards for overcharging. Fees for unpaid PCNs are regulated by the Enforcement of Road Traffic Debts (Certificated Bailiffs) Regulations 1993-2003. Bailiffs cannot deviate from what this legislation says, not matter what lies they may tell you.

The amount Equita can legitimately charge is -

PCN + Court Costs = £125.00
Letter Fee = £13.44
Levy Fee = £33.60
TOTAL = £172.04

Equita need to explain the difference between the above and what they are asking. Could you please send me a PM with the bailiff's details I will will do some digging.

They cannot levy on or seize your mother's car as it is third-party property and for them to do so would be illegal.

[Bexxi79]

Re: Bailiff, where do I stand

Hi bluebottle, pm'd

[bluebottle]

Re: Bailiff, where do I stand

Hi again Becky,

Here is the applicable legislation. Use it to your's and your mother's advantage.

BB

[Guest]

Re: Bailiff, where do I stand

Hi, my first post here so please be gentle, I'm worried sick at the moment, anyways I borrowed my mothers car for a trip to Newcastle and stupidly parked in a permit zone , got a ticket and forgot about it, after two months or so the first letter that was sent was an order for recovery of unpaid penalty charge, no reminder before that whatsoever

You need to stop enforcement action. Contact the Traffic Enforcment Centre and ask to make an Out of Time statutory declaration 01604 619450. You will need your PCN number and they will send you the forms.

You (or the keeper of the vehilce) say on the form that you did not receive a Notice to Owner.

If you prefer, you can download the forms (as its now a weekend). You need to complete a Form PE2, and a late a late statutory declaration, a Form PE3.

http://hmctscourtfinder.justice.gov...._forms_id=2708 and
http://hmctscourtfinder.justice.gov....TS/GetForms.do

If you need help completing the forms, there are experts more informed than me who can guide you through the process.

[Bexxi79]

Re: Bailiff, where do I stand

Thanks sooo much guys, will post up about the forms, just hope the courts don't reject iy.

How long from them Tec receiving forms to notifying Equita, how much longer could mr bailiff keep pestering me for ?

Becky

[pepsie]

Re: Bailiff, where do I stand

I suspect...in view of BB's excellent post#2 they will back off as soon as they are challenged over their fees lol

Pepsie