Equita, Warrant of Execution for PCN

[L25]

Hello everyone,

I don't know whether anyone out there can offer some advice, this is the first time I am encountering an issue like this. I know a lot of it must sound pretty basic but I really have no idea these kind of things and some input would be much appreciated.

Today, after returning home from a couple of weeks away I found two letters sent to me by Equita. This is the first time I have heard of them.

The first, dated 1/7/13 states that they are writing to me in connection with the Warrant of Execution granted against me by the TEC at Northampton County Court, and that I should contact them asap in order to discuss payment.

The second, dated 3/7/13 is a 'Final Demand', saying that their removal team called by my house, that they were unable to meet with me and that they will attend again in the next 7 days. It also says that if on this occasion they are unable to meet with me they will seek to remove my vehicle/other goods in my absence. Again they've listed a phone number/address so that I can pay.

After a bit of investigating I found out that about a year ago I received a PCN from the borough of Islington for an parking offence caught on CCTV. I never received this PCN as it was sent to my old address. This was entirely my fault as I had left my previous address and due to various reasons had forgotten to inform the DVLA of a change of address for 2 months.

Moving back to the content of the letters: Firstly, my family were home while I was away and none of them said anything about any visits by Equita. Secondly, nowehere does it mention the amount they are asking me to pay. These are the only letters I have received and I'm not sure what to do at this point. I'm planning on calling them tomorrow so I can pay asap. I've been reading a lot about their excessive charging and I just don't want to fall into traps.

What advice can you give me with regards to speaking with them tomorrow and what kind of questions should I ask? Should I pay them tomorrow? I'm not actually staying back at home at the moment (not intentionally) and my car is me, so I know if they come to my house again they won't be finding me there.

Thanks in advance.

[charitynjw]

Re: Equita, Warrant of Execution for PCN

Hi L25, & welcome to Legal Beagles.

I'm sure you will get plenty of help on this later on tomorrow.

Have you read these
http://www.legalbeagles.info/forums/...The-First-Time
http://www.legalbeagles.info/forums/...rking-Offences

[ploddertom]

Re: Equita, Warrant of Execution for PCN

Sounds very much they have traced you to a new address which they know for enforcement purposes is a no no. You need to get on to the Traffice Enforcement Centre & explain what has happened, they can email you the correct forms to fill in if returned back the same day before 4pm will be actioned & enforcement put on hold. If accepted then the PCN's will be rolled back to the original sum demanded & Bailiff fees disappear. In particular ask which adderess the Warrant is issued for.

[charitynjw]

Re: Equita, Warrant of Execution for PCN

Sounds very much they have traced you to a new address which they know for enforcement purposes is a no no. You need to get on to the Traffice Enforcement Centre & explain what has happened, they can email you the correct forms to fill in if returned back the same day before 4pm will be actioned & enforcement put on hold. If accepted then the PCN's will be rolled back to the original sum demanded & Bailiff fees disappear. In particular ask which adderess the Warrant is issued for.

Hi PT,
How does that work?

[bizzybob]

Re: Equita, Warrant of Execution for PCN

The warrant is issued to enforce at a specific address, in this case the OP's old address, as Op had no foreknowledge, they can contact the TEC with an Out of Time submission that that was the first they heard, of the PCN. By the same token Crapqita cannot just change the address on the warrant and enforce at a new address as if nothing had changed, that is a no no, and very naughty. They are hoping a debtor doesn't know that they are acting illegally and pays up.

I wish this "Investigation" by Northamp[ton Trading Standards, concludes and kicks Crapqita as soon as possible
Ploddertom will be able to give better details though .

[charitynjw]

Re: Equita, Warrant of Execution for PCN

Thanks, bizzybob.

[bizzybob]

Re: Equita, Warrant of Execution for PCN

Thanks, bizzybob.

That is just a basic take, ploddertom and bluebottle will no doubt add clarity and fill in gaps

[bluebottle]

Re: Equita, Warrant of Execution for PCN

Some bailiff companies engage in "data cleansing", that is, altering details on a court warrant without the knowledge and authority of a court. This can have the effect of rendering a warrant unenforceable, in certain circumstances, and is a no-no.

[L25]

Re: Equita, Warrant of Execution for PCN

Thanks for your comments. To clarify, the warrant was issued in February, 6 months after the original offence, by which time the DVLA was aware of my current address.

Because I didn't inform the DVLA in a timely manner of my address, won't I be liable to pay the fees? Even if I wasn't aware of a PCN?

[ploddertom]

Re: Equita, Warrant of Execution for PCN

Have a read of this http://www.justice.gov.uk/courts/nor...sked-questions

I have some other bits on another computer elsewhere which I'll try and list later. For now however get on to the TEC ASAP.

[ploddertom]

Re: Equita, Warrant of Execution for PCN

Thanks for your comments. To clarify, the warrant was issued in February, 6 months after the original offence, by which time the DVLA was aware of my current address.

Because I didn't inform the DVLA in a timely manner of my address, won't I be liable to pay the fees? Even if I wasn't aware of a PCN?

They are given the address that the vehicle was registered at when the offence was committed.

[ploddertom]

Re: Equita, Warrant of Execution for PCN

parking ticket change of address

http://www.britishparking.co.uk/writ...%20f%20doc.pdf

[L25]

Re: Equita, Warrant of Execution for PCN

I just spoke with someone at the TEC and like you said, she informed me that Equita shouldn't have come to my house, as the Warrant is for my previous address and therefore unenforceable. She also said she would email me the required forms, so now everything is in motion. Thank you for your help. Without it I would have just paid up.

[bluebottle]

Re: Equita, Warrant of Execution for PCN

Northampton TEC being helpful and agreeing with motorists who have been issued with PCNs? Are they going down with some strange exotic illness, or has someone on high told them to smarten their act up, or have they finally realised the way they were operating and treating motorists was totally wrong and potentially unlawful/illegal? Whatever it is, let's hope they continue to keep the likes of Equita and other bailiff companies in line.

[ploddertom]

Re: Equita, Warrant of Execution for PCN

I just spoke with someone at the TEC and like you said, she informed me that Equita shouldn't have come to my house, as the Warrant is for my previous address and therefore unenforceable. She also said she would email me the required forms, so now everything is in motion. Thank you for your help. Without it I would have just paid up.

Get it in to them via email ASAP.