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Bailiff - Parking Fine (PCN) Please Help!

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  • Bailiff - Parking Fine (PCN) Please Help!

    I'm sorry that this topic has been dealt with several times on this forum. I've spent the last few hours reading pretty much all the posts on it!

    I'm just trying to gather some up to date info on Bailiffs and what they can & can't do and more importantly what I can do if anything.

    In a nutshell.
    I moved out of a property I own for a while. I neglected to inform the DVLA. I received a PCN for being 'Parked or loading/unloading in a restricted street where waiting and loading/unloading restrictions are in force'. This notice was served on 2/08/13.

    Fast forward. I picked up the mail from this property yesterday (7/1/14) and noticed I had received 2 letters from the city council about this incident.

    The first letter is dated 8/8/2013 and is a Penalty Charge Notice (PCN) for the amount of £70.00 which will be reduced by half if paid within 28 days.

    The second letter is a 'Charge Certificate for £105.00 plus an extra £7.00 court fee. Total = £112.00. Dated 26/09/2013.

    As I picked up the mail late last night I wasn't able to contact the council to sort this matter out as I knew their offices would be shut. I rang them from work today (8/1/2014) to pay the fine. As much as the 'extra charges' are annoying, I fully accept it was my own undoing as I should have told the council I had moved.

    I spoke to a male at the Parking Services section of the council. He informed me that the matter had been passed to a bailiff firm called Equita. I was told by this member of the Parking Services team that I wasn't allowed to pay the council directly but rather that I had to contact Equita. I asked how much I would owe Equita. He said that although his figures were only a guide that he would check the Equita website to give me an approx amount and did warn me that this might not be an accurate amount. He then went on to say that he didn't think it would be too much more as they had only referred the matter to Equita in December and he couldn't imagine that they had incurred that many charges relating to chasing my 'debt' yet.
    He gave me the figure of £166.00 as at the time of our conversation, according to the Equita website.

    With that in mind I rang Equita. I pressed option 4. After being on hold for approx 9 mins I spoke to a male who asked for my address details so he could find my account. Once he had found the details he said that I had to contact the bailiff directly and he would provide the bailiffs mobile number.

    I rang the bailiff. His phone went straight to A/P when I called from a withheld number so I left a message.
    I finally got through to him after numerous attempts. He was 'off' with me from the offset. I gave him my ref number and he clearly knew why I was ringing (to sort out the fine) but he asked me 'how can I help you?' in a somewhat sharp, impatient tone. I told him that he had the case details so OBVIOUSLY I was calling about the parking issue. I then explained this and that bla bla bla. I asked him how I would pay the fine so it was secure and he told me that he 'would take my card details over the phone, he would then ring them through to the office that would process the payment'. I asked him if it was secure and he said 'yes'. I then said that the council had told me that the fine was £166.00 ,which was what I wanted to pay, at which point he raised his voice and said 'YOU OWE £348'

    I asked 'why? When a council member had told me moments ago that it was around £166.00 and he further raised his voice and said 'because we've dropped aletter round and put it in your mail box'.

    I told him I had been speaking to the council earlier that day and he said 'well we dropped a letter in your post box at 13.01 hours today!' A bit of bemused conversation ensued on my part until I told him I would need to ring the council back and I ended my call with him.

    I rang the Councils Parking Services back and asked to speak to the man I had spoken with earlier but he was on another call. I asked the older lady that I was talking to if he had made log of my earlier call to which she responded 'yes'. She told me the call was logged at 13.23.
    I explained the situation I had just had with the bailiff and that within the space of an hour his fee had jumped from around £166.00 to £328 odd pounds (I forgot the amount in my blood boiling rage) and she genuinely seemed horrified and said 'Oh, give me a couple of minutes and I'll talk to my manger'. After 5mins she came back on the line and said ' I have spoken to my manager and he has been in frequent contact with Mr. XXXXXX (I’m not sure if I can mention his name) and the fine is correct and payable in full'.

    Something unnerved me about the contact her 'manager' had been having with the bailiff regarding my case.

    I suddenly became very aware that conveniently the bailiff had apparently posted a note through my mail box (while I was at work thus not enabling me to provide back up evidence to this claim or not) some 22 mins before I initially had called the Councils Parking Services dept to pay the fine! I told the woman that I thought it was all too conveniently convenient! The woman insisted that the matter was now in the hands of the bailiff, that the Council was absolved of all sins and that they would not be able to comment any further. I had to stop myself from asking her how much of a back hander the bailiff was giving her 'manager'.

    I have spoken to a company that advertises they can help in these situations and I was quoted £150.00 for them to take on the case. It's not worth me spending more money on this but this company did tell me that actual amount owing should be £70.00 (initial fine)
    +£28% taking it to £89.60
    +£35.00 Bailiff fee for visiting the property
    They also told me that they could seize my car so suggested that I park it away from the property as they 'can't take it if they can't find it' until the matter is resolved.
    The problem with this is that some people are still in unresolved situations with Equita Bailiffs for months after they initially try to sort it out. It seems a bit impractical to hide our cars for months while the situations are ongoing.

    I'm not really sure what my next move is. I have a feeling that the Bailiff will return to the property tomorrow so that he can try and charge me more money on top of the inflated amount he's already trying for and I'm sort of powerless to stop the bailiff visits (and the charges associated with them) unless I cough up his rip off fee.
    There is so much conflicting information on this matter. I have read about Lawful Levy's but I have no idea whether this letter that was dropped round by the bailiff constitutes a lawful levy or not.

    I'm sorry for waffling on and for making everyone repeat things they've said before but I'm unsure what to do from here. If anyone can advise me then it would be really appreciated.



    Last edited by Fhugly; 9th January 2014, 00:25:AM. Reason: spacing
    Tags: None

  • #2
    Re: Bailiff - Parking Fine (PCN) Please Help!

    Originally posted by Fhugly View Post
    The second letter is a 'Charge Certificate for £105.00 plus an extra £7.00 court fee. Total = £112.00. Dated 26/09/2013.
    That is probably all you owe - and it may be possible to get it knocked down lower than that.

    I spoke to a male at the Parking Services section of the council. He informed me that the matter had been passed to a bailiff firm called Equita. I was told by this member of the Parking Services team that I wasn't allowed to pay the council directly but rather that I had to contact Equita.

    That was a lie.

    He gave me the figure of £166.00 as at the time of our conversation, according to the Equita website.
    That is also excessive.

    Read the site notes - link - for details of how much the
    bästärd bailiff may lawfully charge.

    For one visit, he is only allowed to charge £28 - not the £236 he claimed !

    I finally got through to him after numerous attempts. He was 'off' with me from the offset. I gave him my ref number and he clearly knew why I was ringing (to sort out the fine) but he asked me 'how can I help you?' in a somewhat sharp, impatient tone. I told him that he had the case details so OBVIOUSLY I was calling about the parking issue. I then explained this and that bla bla bla. I asked him how I would pay the fine so it was secure and he told me that he 'would take my card details over the phone, he would then ring them through to the office that would process the payment'. I asked him if it was secure and he said 'yes'. I then said that the council had told me that the fine was £166.00 ,which was what I wanted to pay, at which point he raised his voice and said 'YOU OWE £348'
    He is a bailiff.

    Bailiffs tell lies.

    I asked 'why? When a council member had told me moments ago that it was around £166.00 and he further raised his voice and said 'because we've dropped a letter round and put it in your mail box'.
    Another lie.

    I rang the Councils Parking Services back and asked to speak to the man I had spoken with earlier but he was on another call. I asked the older lady that I was talking to if he had made log of my earlier call to which she responded 'yes'. She told me the call was logged at 13.23.
    I explained the situation I had just had with the bailiff and that within the space of an hour his fee had jumped from around £166.00 to £328 odd pounds (I forgot the amount in my blood boiling rage) and she genuinely seemed horrified and said 'Oh, give me a couple of minutes and I'll talk to my manger'. After 5mins she came back on the line and said ' I have spoken to my manager and he has been in frequent contact with Mr. XXXXXX (I’m not sure if I can mention his name) and the fine is correct and payable in full'.
    LIE.

    Something unnerved me about the contact her 'manager' had been having with the bailiff regarding my case.
    It's the same, corrupt company.

    I suddenly became very aware that conveniently the bailiff had apparently posted a note through my mail box (while I was at work thus not enabling me to provide back up evidence to this claim or not) some 22 mins before I initially had called the Councils Parking Services dept to pay the fine! I told the woman that I thought it was all too conveniently convenient! The woman insisted that the matter was now in the hands of the bailiff, that the Council was absolved of all sins and that they would not be able to comment any further.
    Another lie.

    I had to stop myself from asking her how much of a back hander the bailiff was giving her 'manager'.
    The council administrative functions have been outsourced to Crapita, who also own Equita.

    I have spoken to a company that advertises they can help in these situations and I was quoted £150.00 for them to take on the case. It's not worth me spending more money on this but this company did tell me that actual amount owing should be £70.00 (initial fine)
    +£28% taking it to £89.60
    +£35.00 Bailiff fee for visiting the property

    That's a total of £274.60 if they're successful, which I doubt they will be. Is it the firm run by someone calling himself Happy Entrails?

    They also told me that they could seize my car so suggested that I park it away from the property as they 'can't take it if they can't find it' until the matter is resolved.
    That is certainly true - but you'd be better to keep the motor car in a locked garage.

    I have read about Lawful Levy's but I have no idea whether this letter that was dropped round by the bailiff constitutes a lawful levy or not.
    How can it be a lawful levy, as your motor car was not there for that bästärd bailiff to levy distress upon?

    I'll ask ploddertom and bluebottle to have a look; as long as bluebottle sticks to the facts and doesn't go on about the Human Rights Act, you should be OK.

    Which council has this Crapita infestation?

    Comment


    • #3
      Re: Bailiff - Parking Fine (PCN) Please Help!

      If this is a council ticket an out of time to the (kangaroo court) TEC in Northampton would be an option as you didn't get the notices, if OOT accepted then all bailiff fees and charges are rolled back giving the oipportunity tro pay the original ticket, other than that I agree with CleverClogs

      http://www.justice.gov.uk/courts/nor...sked-questions

      http://www.justice.gov.uk/courts/nor...y-declarations
      Last edited by bizzybob; 9th January 2014, 12:02:PM. Reason: typos

      Comment


      • #4
        Re: Bailiff - Parking Fine (PCN) Please Help!

        Hehe your use of the words LIE & LIES did make me laugh .

        Thanks for breaking it down in to managable sections. This is Bristol City Council. I certainly feel like they're trying it on having spent the past 5 hours looking online at other peoples misery with these bailiff things.


        Interestingly I have a friend that knows a bailiff so I asked if I could contact him for some advice. He was so mis-informed it was unreal. He basically said that the bailiff was right to charge the costs he did if he visited my property. He insited this must have been my second visit for the costs to have inflated that much. I insisted this was the first bailiff visit. This guy was supposed to be on my side but it showed me that their underhand tactics are so ingrained in what little psyche they have that they actually believe their own made up laws!

        I was tempted to pay the £112.00 on the councils automated online system just now but thought I'd wait and see what others thought. I'd like to send something off to Equita and the council but i'm worried about wording and getting my facts right. Sending obscenities at them seems like a great idea right now but I don't think it would work some how

        Comment


        • #5
          Re: Bailiff - Parking Fine (PCN) Please Help!

          Originally posted by Fhugly View Post
          The second letter is a 'Charge Certificate for £105.00 plus an extra £7.00 court fee. Total = £112.00. Dated 26/09/2013.

          I spoke to a male at the Parking Services section of the council. He informed me that the matter had been passed to a bailiff firm called Equita. I was told by this member of the Parking Services team that I wasn't allowed to pay the council directly but rather that I had to contact Equita. I asked how much I would owe Equita. He said that although his figures were only a guide that he would check the Equita website to give me an approx amount and did warn me that this might not be an accurate amount. He then went on to say that he didn't think it would be too much more as they had only referred the matter to Equita in December and he couldn't imagine that they had incurred that many charges relating to chasing my 'debt' yet.
          He gave me the figure of £166.00 as at the time of our conversation, according to the Equita website.
          He is also a liar.

          Equita's own website contains the same table of permissible fees and charges as those in the Legal Beagles site notes - or, at least, their public website does! PDF link

          Whether or not Equita operates another website with inflated fees to quote to the public, I cannot say - but I can say that there is no way that the lawfully permitted charges could total £54 merely for accepting a warrant.

          Send Equita letter #1 from here to get a full breakdown of their fanciful charges.

          Comment


          • #6
            Re: Bailiff - Parking Fine (PCN) Please Help!

            Originally posted by bizzybob View Post
            If this is a council ticket an out of time to the (kangaroo) court) TEC in nNrthampton would be an option as you didn't get the notices, if OOT accepted then all bailiff fees and charges are rolled back giving the oipportunity tro pay the original ticket, other than that I agree with ClaverClogs

            http://www.justice.gov.uk/courts/nor...sked-questions

            http://www.justice.gov.uk/courts/nor...y-declarations

            Thanks, I did download the forms earlier but was hesitant as I don't want to get in to hot water about not changing my details with the DVLA (it can invalidate insurance so I've read online tonight). I'm also aware that bailiffs often still persue the debts and I'd be giving them my new address on a plate. I really am not trying to sherk my responsibilites, I just don't want them round my house or taking my car. I am at temporary accomodation right now and will be moving to a more permenant address very shortly. As I'm staying with others I don't want them to be bombarded with bailiff visits and letters. arrrgh how complicated!

            Comment


            • #7
              Re: Bailiff - Parking Fine (PCN) Please Help!

              Definitely a breakdown as Equita are inveterate fraudsters, as they have a propensity to frontload(unlawfully) all possible fees before they even visit by letter. When challenged they usually cry, "potential fees"

              and of course THEY LIE

              Comment


              • #8
                Re: Bailiff - Parking Fine (PCN) Please Help!

                Originally posted by CleverClogs View Post
                He is also a liar.

                Equita's own website contains the same table of permissible fees and charges as those in the Legal Beagles site notes - or, at least, their public website does! PDF link

                Whether or not Equita operates another website with inflated fees to quote to the public, I cannot say - but I can say that there is no way that the lawfully permitted charges could total £54 merely for accepting a warrant.

                Send Equita letter #1 from here to get a full breakdown of their fanciful charges.

                I will do that today. The bailiff actually said to me on the phone that his costs were justified because of section 6 & rule 11. I had no idea what he meant but he said it twice so he must have learnt those lines off by heart. I know realise he was referring to Equita's own table of fees where section 6 says
                6. For removing goods, or attending to remove goods where no goods are removed, reasonable costs and charges. The costs and charges are subject to detailed assessment under rule 11.
                I can't find rule 11 though

                Comment


                • #9
                  Re: Bailiff - Parking Fine (PCN) Please Help!

                  Originally posted by Fhugly View Post
                  I will do that today. The bailiff actually said to me on the phone that his costs were justified because of section 6 & rule 11.
                  Guess what?

                  He is a LIAR.

                  That charge could only be justified if there were a valid and lawful levy in place - which there wasn't.

                  I had no idea what he meant but he said it twice so he must have learnt those lines off by heart. I know realise he was referring to Equita's own table of fees where section 6 says
                  6. For removing goods, or attending to remove goods where no goods are removed, reasonable costs and charges. The costs and charges are subject to detailed assessment under rule 11.
                  I can't find rule 11 though
                  That's because it is in an older piece of secondary legislation - the Distress for Rent Regulations 1988 (link)

                  Do not try that, though, as Equita would insist on a court hearing which they'd then pack with barristers, the better to bamboozle the judge and to bump up the costs they'll demand when you lose.

                  Despite what the Crapita drones told you, the debt can be recalled from the bailiffs at any time. Moreover, the council is vicariously liable for the antics of the goons, trolls and companies staffed by goons and trolls it chooses to employ.

                  Contact your elected ward councillors and your MP over this. You can find those lard-arsed louts at https://www.writetothem.com/

                  Comment


                  • #10
                    Re: Bailiff - Parking Fine (PCN) Please Help!

                    They may claim a levy on a random motor parked by or near the property that is a common Equita ploy, they will then ask you o prove you do not own the vehicle, that would give you more ammunition to fire at CEO and councillors regarding the unsuitability of their appointed agents, as all fees associated with a levy on third party goods are unlawful and therefore void

                    Comment


                    • #11
                      Re: Bailiff - Parking Fine (PCN) Please Help!

                      Equita have form for front loading all fees then when queried claim they are potential fees.

                      Do as you were advised earlier and contact the TEC explain that you have received a ticket that has gone to an old address and you now have a Bailiff chasing you. They should be able to email you the correct forms and if filled in & returned via the same means can put matters on hold the same day - must be done prior to 4pm.

                      If upheld it will revert back to the original ticket price and Mr Bailiff will get zilch.

                      Comment


                      • #12
                        Re: Bailiff - Parking Fine (PCN) Please Help!

                        Equita are under investigation by Northamptonshire Trading Standards for irregularities relating to their fees and which is ongoing. As Ploddertom says, they have form for what Trading Standards Officers call Upfront Fee Fraud. The term "potential fees" is total sphericals on the part of Equita. It is fraudulent conduct, pure and simple.

                        I would not even think about seeking an assessment of fees hearing. As Clever Clogs quite rightly points out, Equita would pack out the hearing with expensive barristers and pervert the proceedings into litigation, landing you with a substantial costs order.

                        Follow Ploddertom's advice, as per Post #11.
                        Life is a journey on which we all travel, sometimes together, but never alone.

                        Comment


                        • #13
                          Re: Bailiff - Parking Fine (PCN) Please Help!

                          I've just sent all the forms to Tec Via email. I sent a TE7, TE9, PE2 & PE3. I also attached a copy of the tenancy agreement to prove I wasn't living at the address at the time the PCN was issued (argue with that bully bailiff man!)

                          I had the PE2 & PE3 witnessd by a solicitor.

                          I'm wondering if I should write to Equita to let them know as I still think the bully bailiff man might try and nab my car. I don't want to talk to him as I'll pretty much be swearing every other word

                          Thank you for all your help, It's made me feel much better having people to talk to and guide me through the process. It's still bloomin stressful but it's helped having you all around. If there is anything I can do to help 'the cause' then let me know.

                          Comment


                          • #14
                            Re: Bailiff - Parking Fine (PCN) Please Help!

                            Originally posted by Fhugly View Post
                            I'm wondering if I should write to Equita to let them know
                            Yes, of course you should. They are barely able to communicate with the public as it is, so why assume they're also psychic?

                            as I still think the bully bailiff man might try and nab my car. I don't want to talk to him
                            So send the mutton-head a text.

                            Comment

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