Equita Bailiffs Help!!

[bizzybob]

Re: Equita Bailiffs Help!!

I have a feeling Observer v Gordon [1983] has been overused by the civil enforcement industry to the point where judges have heard the same tired excuse over and over again are beginning to get wise to the fact that certificated bailiffs are too lazy - or corrupt - to conduct proper checks as to the ownership of a vehicle, which would be in their interests as it would show they had, at least, made an effort to establish ownership. Failure to do so would, IMHO, amount to reckless conduct and leave a certificated bailiff open to legal action.

As regards the OP's case, I would recommend they contact DVLA's Data Access Unit on Monday morning and make enquiries about obtaining details of the lawful owner/keeper of this black Hyundai, sending a photocopy to Equita with a caveat that the information is now available to the courts and the police, as evidence, should it become necessary to involve them. Such a caveat can be sufficient to put a certificated bailiff or civil enforcement company on their guard. Do they carry on brazenly asserting they have a right to charge fees in the face of evidence they have an invalid and unlawful levy and risk taking a pasting or do the sensible thing and back down?

DVLA are likely to charge a fee for any information they provide as regards the owner/keeper of the black Hyundai, but it is likely to be money well-spent if it stuffs Equita.

It would probably be reclaimable from the council who are 100% liable for any criminal act of their agents Crapita and Equita.

[bluebottle]

Re: Equita Bailiffs Help!!

It would probably be reclaimable from the council who are 100% liable for any criminal act of their agents Crapita and Equita.

I agree with your analysis 100%, BB.

[annoyed.com]

Re: Equita Bailiffs Help!!

Whaal thank you guys i shall be getting onto DVLA first thing tomorrow. To my further annoyance Equita still keeps sending me letters threatening to send a bailiff for my goods even when i'm clearly disputing their bill!! I dont mind paying what i owe, which i have done in all honesty, but paying for some fabricated charges that i refuse

[annoyed.com]

Re: Equita Bailiffs Help!!

Right - let's see if we can change that.

The CEO of Coventry City Council is Martin Reeves, PhD; telephone 024 7683 1100, email martin.reeves@coventry.gov.uk, Twitter https://twitter.com/martinrreeves

Got a call back from Martin Reeve's office!! Result, they have agreed to ring equita and tell them to put enforcement on hold for 6 weeks while i contact dvla for details on the levied vehicle and he is also going to ask that they provide gps data showing that they were in my area on the date of the two visits! Thank you so much guys:tinysmile_twink_t2:

[bluebottle]

Re: Equita Bailiffs Help!!

Got a call back from Martin Reeve's office!! Result, they have agreed to ring equita and tell them to put enforcement on hold for 6 weeks while i contact dvla for details on the levied vehicle and he is also going to ask that they provide gps data showing that they were in my area on the date of the two visits! Thank you so much guys:tinysmile_twink_t2:

If I may offer a word of advice, I would advise Martin Reeves that GPS co-ordinates can be easily obtained from Google Maps and any alleged GPS data tendered by Equita cannot and should not be relied upon or accepted as being factual or reliable for the purposes of evidence.

Something along the lines of -

"Dear Mr Reeves,

Ref.xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

Thank you for your communication of [date] concerning the matter at reference.

I note that you intend to ask Equita Limited to provide GPS data to qualify any visits they have allegedly made to my home. Unfortunately, GPS co-ordinates are easily obtained from Google Maps. There is, therefore, nothing to prevent Equita or any other civil enforcement company, for that matter, obtaining GPS co-ordinates from Google Maps and offering this as evidence.

Under the foregoing circumstances and in view of the conduct of Equita in this matter, there is no way that any GPS data Equita offer can be reasonably regarded or accepted as factual or reliable for evidential purposes.

I trust that this makes my position in this matter clear. As soon as I hear from DVLA, I will be in touch soonest.

Thanking you for your kind co-operation and assistance in this matter.

Yours sincerely,

xxxxxxxxxxxxxxxxxx"

Hope this helps.

[annoyed.com]

Re: Equita Bailiffs Help!!

That's true i wondered how reliable gps data would have been. Thanks for that draft i will certainly be writing back to him on that. If at all on one of the days listed as having had a visit i remeber having a conversation with this bailiff telling me that she wasn't going to be in coventry on that day as she was on the other side of the country! funny thats the same date listed on the visit!

[CleverClogs]

Re: Equita Bailiffs Help!!

That's true i wondered how reliable gps data would have been. Thanks for that draft i will certainly be writing back to him on that. If at all on one of the days listed as having had a visit i remeber having a conversation with this bailiff telling me that she wasn't going to be in coventry on that day as she was on the other side of the country! funny thats the same date listed on the visit!

As you may have noticed by now, bailiffs tell lies!

As for the use of GPS data, all it may prove is that the bailiff may have been on that road at some time. I doubt that there is any way that one could use it to prove one's presence in a particular location at a specified time and, as the data may be obtained from Google Maps or other, on-line resources, its evidentiary value is really very low.

[ploddertom]

Re: Equita Bailiffs Help!!

Why do you have to provide details from the DVLA?

[CleverClogs]

Re: Equita Bailiffs Help!!

Why do you have to provide details from the DVLA?

Is Equita likely to get data from the DVLA to establish that Equita had not even tried to establish who owned the motor-car allegedly levied?

[bizzybob]

Re: Equita Bailiffs Help!!

GPS data is as concrete evidence as an IP address on a dynamic ISP server, i.e. no evidence at all.

[CleverClogs]

Re: Equita Bailiffs Help!!

GPS data is as concrete evidence as an IP address on a dynamic ISP server, i.e. no evidence at all.

Especially not when the company uses different GPS coordinates to "prove" that they visited someone's flat, apparently oblivious that they seemed to have suggested that the flat was moving by several feet. Was it built on rubber foundations?

[bizzybob]

Re: Equita Bailiffs Help!!

Especially not when the company uses different GPS coordinates to "prove" that they visited someone's flat, apparently oblivious that they seemed to have suggested that the flat was moving by several feet. Was it built on rubber foundations?

Nah, they will say that the earth jumped 10 metres to the left or right whichever direction their error lies.

[annoyed.com]

Re: Equita Bailiffs Help!!

Nah, they will say that the earth jumped 10 metres to the left or right whichever direction their error lies.

msl:msl: