Equita pcn

[mrsmeme]

Good evening
Hoping someone can help! I was off work last Thursday poorly with my little boy when a van with cameras all over it pulled up. A big burly block knocked and advised me our number plate had just been picked up on his ANPR? camera in his van that our car has an outstanding penalty charge notice unpaid and he was there to recover the costs. I had not received any correspondence from Equita or anyone else to advise that they are now dealing with recovering the costs. He wanted £370.24 immediately. The PCN was for £80.

So far I have not paid. I have done as advised and sent Equita and council an email asking for a breakdown of the charges on the 31/01/13. I am still awaiting this but they have advise me today its been sent today! The bailiff is due to call back on the 23rd.

I am now in a position where I can pay the fine, however the additional £290.24 the bailiff is demanding is just unmanageable.

What do I do next?! how do I challenge equita about how the fees are not reasonable. As I have said I have never before the bailiff turned up had any letters etc from equita to advise they are dealing with this etc.

thank you

[bluebottle]

Re: Equita pcn

Which council is involved and what is the breakdown of charges, please?. Be aware that Equita have "form" for excessive and illegal fees and are currently under formal investigation by Northamptonshire Trading Standards over this.

[ploddertom]

Re: Equita pcn

Were you aware of the ticket?

[mrsmeme]

Re: Equita pcn

Hi thanks for replying. I was completely aware of the ticket, and appealed but lost. I then received a letter from Southampton city council advising I had until the 23/12/12 to pay it. Due to my husband losing his job and christmas, I could'nt pay it and just naively thought I would receive more correspondence from Southampton city council. But instead on the 31/01/12 Mr Equita Bailiff turns up at the door demanding £370.24 or he will take my car. I can honestly say I have not received any correspondence to inform me this was the case. I'm really worried.
I have requested a breakdown but yet to receive it. The staff were not helpful on the phone. I can already tell that the "breakdown" of charges is not going to be honest or make any sense to me so i want to prepare for the next stage....
I really appreciate you all taking the time to help me.

[bluebottle]

Re: Equita pcn

Fees chargeable for enforcing PCNs are governed by the Enforcement of Road Traffic Debts (Certificated Bailiff) Regulations 1993-2003. This means that Equita are obliged to stick to what that piece of legislation says.

If the fine is £80 including court fees, the other fees should be as follows -

Letter (if received) = £11.20 + VAT @ 20%
1st Visit Fee = £28.00 + VAT @ 20%
VAT on £39.20 @ 20% = £7.84
Total = £127.04

Unless the bailiff has a valid levy, that is all they can claim at present. Any other fees are illegal as they are regarded by Trading Standards Officers (TSOs) as "Upfront fee Fraud", something Equita are well-known for.

Equita also need to explain where the other £243.20 comes from. My gut-feeling is that they are fraudulent. Send Letter 1 from the following link giving them 7 days to respond. http://www.legalbeagles.info/forums/...Useful-Letters. Also, park you car well away from your house or, better still, in a garage attached to your own or a neighbour's house where the bailiffs cannot get at it.

[labman]

Re: Equita pcn

Good advice BB. Please send the letter first thing tomorrow requesting the breakdown of fees. Without that it is clearly impossible to see quite where they are making up the extra amount; I can get part of the way there by altering the way in which they work things out, but nowhere near the amount they're charging. This means some of the fees are unlawful.

I would also write to the Head of Revenues at SCC insisting that he suspend ALL further enforcement action and charges until these disputed fees are resolved. In the letter remind him the council is vicariously liable for the actions and charges of their appointed enforcement agents.

If the bailiff comes, get all their details, tell them the fees are in dispute and you refuse to pay until the fee issue is resolved. If possible record the conversation, even if only using a mobile phone.

Hopefully they won't come.

[mikerb]

Re: Equita pcn

Bailiff in ANPR van decides to have a punt.
No warrant, no documentation, "you owe me £370 "
Come on! I thought the days of the highwayman were long gone.
Love to see what the breakdown of fees says.
I love a bit of fiction.

[mrsmeme]

Re: Equita pcn

Hi
So I have finally received the breakdown from Equita.

It reads

Debt: £82.00
Initial letter: £11.20
Visit fees: £62.00
Attendance fee: £167.00
VAT: £48.04
Total: £370.24

Please be advise that your file has an arrangement in place for £125.00 per month. The first payment is due in our office no later than 28.02.13, and then on a monthly basis thereafter. Failure to adhere to this agreement could result in further action and possible costs.

There are no dates etc on the letter. The bailiff has text me this morning saying payment is due. Do I pay something to keep him off my back? Can he take my car? My husband works away, so I am home with with little boy alone and feel intimidated. What should I do next? Again thanks for any help

[CleverClogs]

Re: Equita pcn

I have finally received the breakdown from Equita.


Debt: £82.00
Initial letter: £11.20
Visit fees: £62.00
Attendance fee: £167.00
VAT: £48.04
Total: £370.24

As is immediately obvious, Equita are "double charging" - they are charging £62 and £167 for the same visit.

[UnitedFront]

Re: Equita pcn

Also the visit fee quoted is far higher than BlueBottle posted earlier in the thread...

[wales01man]

Re: Equita pcn

One would think that they HAD to put down time and dates the OP may have witnesses to say the morons never turned up as they were there it happens if they have illegally charged action should be taken by the OP is it not Deception?

[labman]

Re: Equita pcn

Hi
So I have finally received the breakdown from Equita.

It reads

Debt: £82.00 They've charged VAT on this fine - unlawful - should be added at very end
Initial letter: £11.20 Fair
Visit fees: £62.00 £22.96 if only one visit
Attendance fee: £167.00 I assume they were attending to remove. They are not allowed to remove goods until the day of a sale so invalid
VAT: £48.04 £6.83
Total: £370.24 £41.00 + initial fine £82.00 = TOTAL £123.00

Please be advise that your file has an arrangement in place for £125.00 per month. The first payment is due in our office no later than 28.02.13, and then on a monthly basis thereafter. Failure to adhere to this agreement could result in further action and possible costs.

There are no dates etc on the letter. The bailiff has text me this morning saying payment is due. Do I pay something to keep him off my back? Feel free to pay the amount owing Can he take my car? As long as there is a debt owing he can levy on goods to cover the fine + his legitimate costs. Cars are a good target as they're outside so the bailiff doesn't have to gain entry. My husband works away, so I am home with with little boy alone and feel intimidated. What should I do next? Again thanks for any help Point out in both letters below that you are effectively a single woman with a child at home.

Did you send Letter One from here? http://www.legalbeagles.info/forums/showthread.php?34062-Useful-Letters

If you did, they haven't read it. You MUST get the dates of the visits. I would resend it, pointing out they have not answered your request fully, you are in no way avoiding payment, but will only pay lawful fees, and are entitled to the full detailed breakdown you are requesting.

Did you also write to the CEO of the council as advised? If not, you must.

[mrsmeme]

Re: Equita pcn

Hi

Yes I did send the letter one as advised.

Is there a template follow up letter I could send. The bailiff has just phoned but i have ignored his call. My car is essential for work etc and not sure if i should pay him £125.00 which leaves me another month to contest the unlawful fees.

Yes I have written to the council and copied them into any correspondence to Equita. The initial letter was never sent as well.

many thanks

[labman]

Re: Equita pcn

Yes I did send the letter one as advised.

Is there a template follow up letter I could send. Not as such, no. All you need to do is resend it saying that they provided a list of charges, but nothing else, so you have are re-sending the letter and ask them to comply fully with the questions this time. The bailiff has just phoned but i have ignored his call. My car is essential for work etc What do you do as a job - essential user of a car is quite tightly defined and not sure if i should pay him £125.00 I wouldn't as I only make the total fees owing at maximum £123.00, and these may reduce further when you get a full breakdownwhich leaves me another month to contest the unlawful fees.

Yes I have written to the council and copied them into any correspondence to Equita. The initial letter was never sent as well.

Is it possible to post a reacted copy of the letter you sent to the council please. Who at the council did you send it to?

Thanks :beagle:

[mrsmeme]

Re: Equita pcn

Hi

Its Southampton City council so who is the best person to copy into the email. Also how does this sound?

Good Evening

Thank you for your response which I received on the 15th February 2013.

Unfortunately you did not provide me with the details I requested, just a list of the charges.

Please could you comply with providing me with a response to all questions as detailed in my first email below.


This includes:
a - the time & date of any Bailiff action that incurred a Fee.
b - The reason for the fee.
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) the Bailiff(s) was/were certificated at.
e - The date of the Certification.


I am in no way avoiding payment, but will only pay lawful fees, and are entitled to the full detailed breakdown I am requesting. Please could this be provided within 7 working days.