Equita want 350 for a parking ticket !!!

[iad77]

Ticket was passed to them from Poole council after saying I could have more time to pay, I received a letter from Equita stating the fine was now 125.00, the last letter I got from them was stating I should call the Bailiff in charge, not them. Today I phoned the Bailiff (i know) and was suggesting installments after checking he told me the outstanding amount was now 350.00 !

I've not had any letters explaining this increase, the Bailiff told me it was because they had visited my flat twice in the last few days ... (where are the letters, apart from the request to call which looks posted)

After I said I'd call tomorrow and that I'm not trying to "run away from this" he said "no you cant run, we have your registration"

I'm really stressed about this as I've got a mountain of bills that I cant pay. PLUS Poole council has another ticket held with them but told me nothing will happen with it till after Christmas ....

Help please

[labman]

Re: Equita want 350 for a parking ticket !!!

I assume you've been through the TEC process and the ticket has been handed back to the council then?

You need to know how the bailiffs have arrived at their fees, so you need to send Letter 1 from here:

http://www.legalbeagles.info/forums/...Useful-Letters

If you could clarify what has happened with the PCN so far, that would be good, as normally it is much more involved than just going from the council to the bailiffs.

[ploddertom]

Re: Equita want 350 for a parking ticket !!!

Is there a reason why the original ticket was not paid?

[iad77]

Re: Equita want 350 for a parking ticket !!!

Hi Ploddertom, I honestly don't remember getting this ticket, I had a member of my family pass away at the start of the year and affected me quite badly. but I did get a Charge certificate on the 16/07/2012 - 105.00 - This was out of the blue and I had no money as I hadn't been working, Spoke to the Council to get more time to pay.

26/09/2012 - TE3 form from Northampton county court - 112.00
06/11/2012 - Equita x2 Identical letters on the same day TAKE FORMAL NOTICE - 125.44
22/11/2012 - BAILIFF REMOVAL red letters, says delivered by hand but I'm sure it was a paid envelope (two black verticle bars in top right corner)

I emailed them that I was talking to the council saying they told me I had an extension to pay .

27/11/2012 - TAKE FORMAL NOTICE printed letter, just telling me to contact the bailiff instead of them.

Thats all the letters, The ticket was issued on the Loading bay next to my house (its not a bay it's half a street) at 18:13 - sign states parking from 18:30, the area I live in is on a quay and from April through the summer, It's biker night. 1000 bikes take up all the regular parking and our building is the only one not given resident parking permits.

Thats all the information I think, I am working now, 6am-6pm 6 days a week...

[ploddertom]

Re: Equita want 350 for a parking ticket !!!

I was looking for an angle that may have meant you could apply to the TEC but that looks as if it is done & past now, meaning you have the Bailiff to face unfortunately. It doesn't mean to say that their charges are correct as these are governed by the Regulations - worth having a read here http://www.legalbeagles.info/forums/...rking-Offences .

One thing you must be aware of and that is that the Warrant the Bailiff has will have you car reg no on it so he knows what he is looking for. In the circumstances you describe above about how this came about would your local Councillor(s) fight this corner for you - got to be worth a try I think.

[iad77]

Re: Equita want 350 for a parking ticket !!!

Is there no possibility of TEC At this point?

[iad77]

Re: Equita want 350 for a parking ticket !!!

Can they legally take my car? I thought I had to go to a local court and then if I refused to pay then they could take the car :tinysmile_cry_t:

[ploddertom]

Re: Equita want 350 for a parking ticket !!!

Can they legally take my car? I thought I had to go to a local court and then if I refused to pay then they could take the car :tinysmile_cry_t:

If they have the reg no then it makes for an easy target, they will already have an inkling of what it may be worth. If you can you need to hide it preferably in someone elses garage as out on the street it may be prone to ANPR. Unless of course it is on HP or similar.

[iad77]

Re: Equita want 350 for a parking ticket !!!

Can you explain why TEC is done and past? Or a link to the conditions? I've left a message with local councillor, hope to hear back from them soon. Any other suggestions? What about an out of time tec form? Thanks for all the advice btw...

[labman]

Re: Equita want 350 for a parking ticket !!!

To appeal to the TEC you'd have to file a Statutory Declaration (out of time). The Statutory Declaration is an oath stating that an earlier part of the enforcement process which should have happened, did not.

Which part do you think has not been followed correctly?

[ploddertom]

Re: Equita want 350 for a parking ticket !!!

Can you explain why TEC is done and past? Or a link to the conditions? I've left a message with local councillor, hope to hear back from them soon. Any other suggestions? What about an out of time tec form? Thanks for all the advice btw...

I assumed you had made a previous representation as in Post 4 you allude to a TE3 which I thought was part of their OOT and had been refused. After refusal you only have a certain time in which to appeal against their decision and thought you had not done so - fo whatever reason. Apologies if I have misled you.

As Labman has pointed out above do you have anything on which to appeal to the TEC - have you read their FAQ's http://www.justice.gov.uk/courts/nor...sked-questions . Have you checked to see if the Bailiff is suitably Certificated http://certificatedbailiffs.justice....catedBailiffs/ .

[iad77]

Re: Equita want 350 for a parking ticket !!!

I can only think of mitigating circumstances such as, council organised event resulting in a much higher number of vehicles (motorbikes) with no extra parking provided. My building is the only one not permitted resident's parking (only response being "park in the multi story pay and display") it was a maximum of 15 minutes early to park. I had a recent family bereavement.

I will check the loading bay tomorrow for signs and markings, maybe something there. Will speak to local councilor.

Is there anything else I can do ?

[iad77]

Re: Equita want 350 for a parking ticket !!!

also I havn't , made any representations as of yet.

[labman]

Re: Equita want 350 for a parking ticket !!!

Have you sent the letter linked from post 2?

[iad77]

Re: Equita want 350 for a parking ticket !!!

Have you sent the letter linked from post 2?

I'll be posting it, recorded delivery today.