Equita - Parking Fines

[CYNthesys]

Im trying to help a friend on this one.
My knowledge of enforcement of parking fines is zero

A few months ago my friend started receiving demands from Equita for an alleged unpaid parking fine. She began challenging this immediately.

Unknown to my friend it appears that Leeds City Council lodged a claim with Northampton Court, that Equita are trying to enforce.

She has telephoned around this morning, Northampton says it has transferred the case to her local court, and that there will be a hearing in November.

If the case is being transferred it suggests to me that no judgement has been made.

Surely Equita can only enforce Judgement debts

Help anyone?

[diskmandave]

Re: Equita - Parking Fines

If the case is being transferred it suggests to me that no judgement has been made.

Indeed.

This all seems very cloak and dagger?? Has your friend even been served?

There's a very helpful and knowledgeable chap over the road, or if that's not an option, on Pepipoo called (username) patdavies, i'ld be tempted to fire him a PM.

Best wishes, Dave.

[CYNthesys]

Re: Equita - Parking Fines

Thanks DMD, it seems really odd to me.
My friend assumed a CCJ had been made against her, so applied to the Court for it to be set aside. She attended a hearing, the other side didnt bother to attend. The judge said he had no power to deal with it, and advised her to go back to the council.

[Guest]

Re: Equita - Parking Fines

The court had no power to deal with what?

Was a judgment entered?

[CYNthesys]

Re: Equita - Parking Fines

Its all a bit vague, but I think my friend assumed that the reference number shown on Equita's letters was a CCJ number.
When she applied to have (the assumed judgment) set aside, the Judge said he had no powers to deal with it and her application was refused. He directed her back to the council.

[Guest]

Re: Equita - Parking Fines

So, it would seem that Equita are pursuing an alleged debt and not a judgment debt?

If your friend had a judgment against her, then she would surely know and failing that, the Court should - why did she need to go in front of a Judge before she found this out?

Of course, this opens a whole new can of worms as if Equita are misrepresenting themselves or the status of this debt then action can and indeed should be taken.

The “National Standard for Enforcement Agents” issued by the Department of Constitutional Affairs has a section titled “Professionalism and conduct of the enforcement agent” by which Equita should abide.

I would suggest that they clearly broke the National Standards for Enforcement Agents.

In addition, in the Office of Fair Trading’s Debt Collection Guidance (July 2003) it states, under the heading of “False representation of authority and /or legal position”, there are examples of “falsely implying or claiming authority…” “misrepresenting status or backing”. You friend clearly thought somehow or other that this alleged debt had reached the stage of a court claim and judgment.

Finally if she were not aware of a claim against her then she may be able to have any judgment set aside, although not of right, because she would be a stranger to the proceedings.

[CYNthesys]

Re: Equita - Parking Fines

My friend doesn't even know if there is a judgement debt against her, the only thing she knows for sure is that Equita are trying to enforce a parking fine that she wasn't even aware of.
She has never had any papers served on her.

[Guest]

Re: Equita - Parking Fines

She needs to ascertain this as fast as possible as Equita are some of the worst in this grubby little business and charges will spiral out of control before much longer.

[strangewayofsavin]

Re: Equita - Parking Fines

Hi, don't know if this helps, but found a forum that deals with motor and parking offences, there are some threads on the site that have common links to yours.

http://www.pepipoo.com/