PAID PCN- TO COUNCIL- EQUITA STILL CHASING -HELP

Stop or Suspend Enforcement. Appeal the PCN. Claim Damages for Unlawful Interference with Vehicles.
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James129
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#1 PAID PCN- TO COUNCIL- EQUITA STILL CHASING -HELP

Post by James129 » 16 Feb 2017 11:33

PLEASE....PLEASE...can you advise as recent visit from EQUITA has left my mother shaken ...

I had read advise being given on this forum and paid £98.00 for a parking ticket direct to the council that was originally issued in August 2016 after the vehicle was sold. I have been in touch with the owner and he accepts liability. The only reason i paid was the new owner accepted liability & would have refunded me the £98.00.

Equita wrote on the 13.01.2017 that an enforcement would be taking place on the 24.01.2017 if I had not paid the £98.00 debt and £75.00 (compliance fee) £173.00. I made this payment of £98.00 online 23.01.2017.

No one turned up on the 24.01.2017 as mentioned in the letter. However, a letter was sent on the 02.02.17 to say (please see image 1).
This was then followed by a letter which seems to me as typed up by the agent as 'hand delivered' on the 15.02.17 even the letter is incorrectly dated as 15.02.16!! adding enforcement fee of £235.00 total to pay £408.00 . My mother was home but she was that shaken by the banging on the doors she did not open the door she suffers from poor health and is mostly house bound which is my main concern at this moment.

I have spoken to the council and they too have confirmed they have received the payment but the enforcement agents can still come for their fees.
They didn't really want to discuss anything. Having read the posts here i am of the understanding their is no point in contacting Equita direct or the agent?

Please can you advise what shall I do next--
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Schedule 12
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#2 Re: PAID PCN- TO COUNCIL- EQUITA STILL CHASING -HELP

Post by Schedule 12 » 16 Feb 2017 11:50

James129 wrote:
16 Feb 2017 11:33
PLEASE....PLEASE...can you advise as recent visit from EQUITA has left my mother shaken ...

I had read advise being given on this forum and paid £98.00 for a parking ticket direct to the council that was originally issued in August 2016 after the vehicle was sold.
Can you be more precise.

Was the DATE of the PCN - AFTER - you sold the car, and if so, what is the date of the contravention, and the date you sold (financial transaction) of the car.



I have been in touch with the owner and he accepts liability. The only reason i paid was the new owner accepted liability & would have refunded me the £98.00.

That is the wrong procedure.

You should have completed either a statutory declaration or a witness statement depending on the type of contravention. You will then get a fresh Notice to Owner (NTO) then you name the person whom you sold it to, and include evidence of the sale.

That would have been the end of it.



Equita wrote on the 13.01.2017 that an enforcement would be taking place on the 24.01.2017 if I had not paid the £98.00 debt and £75.00 (compliance fee) £173.00. I made this payment of £98.00 online 23.01.2017.

No one turned up on the 24.01.2017 as mentioned in the letter. However, a letter was sent on the 02.02.17 to say (please see image 1).
This was then followed by a letter which seems to me as typed up by the agent as 'hand delivered' on the 15.02.17 even the letter is incorrectly dated as 15.02.16!! adding enforcement fee of £235.00 total to pay £408.00 .


  • 1. Get the PCN Number. Its on the top-right of your document starting with CV052.... PCN numbers start with two characters followed by eight numbers.

    2. Telephone the Traffic Enforcement Centre on 0300 123 1059. They will email you the forms to complete. It will either be TE7/TE9 or a PE2/PE3.

    3. Complete them as instructed. Add EVIDENCE of the DATE of the sale. Bank transaction, bill of sale, V5 everything you can get.

    4. When you return the completed forms and evidence by email. Enforcement stops at 4pm the week day you emailed them back to the TEC. The bailiff and his fees are out of the loop.


Then you can ask for a refund of all money paid from the council.

If the council is not forthcoming with your refund, then recover it in the small claims track. This article gives a summary of the procedure for bringing a claim in the small claims court.



My mother was home but she was that shaken by the banging on the doors she did not open the door she suffers from poor health and is mostly house bound which is my main concern at this moment.

I have spoken to the council and they too have confirmed they have received the payment but the enforcement agents can still come for their fees.

The council will mess you about. Get the appeal forms completed and returned. Make that a priority.


They didn't really want to discuss anything. Having read the posts here i am of the understanding their is no point in contacting Equita direct or the agent?

They will mess you about as well. Ignore them.


Please can you advise what shall I do next--
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Author: dealingwithbailiffs.co.uk

James129
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Joined: 16 Feb 2017 09:49

#3 Re: PAID PCN- TO COUNCIL- EQUITA STILL CHASING -HELP

Post by James129 » 17 Feb 2017 10:27

Hello

Thanks Jason for your quick reply, highly appreciated !

The vehicle was sold beginning of August 2016 and the date of the contravention was 20.08.2016 driving in a bus lane i believe.
The financial transaction was in cash but I have asked the owner to send me a copy of the Log Book which would show the date the vehicle was purchased.

I will get the appeal forms completed and returned asap!

In the mean time am I right in thinking I make no contact with the agents or Equita I feel they know the pcn has been paid for that's why they've not turned up on the 24.01.17 but now coming for their fees?

Thanks Again!!

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Schedule 12
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#4 Re: PAID PCN- TO COUNCIL- EQUITA STILL CHASING -HELP

Post by Schedule 12 » 17 Feb 2017 10:40

There is no enforcement fee owed. Once you return the completed appeal form and supporting evidence of the date of the sale of the vehicle to the Traffic Enforcement Centre (TEC), all enforcement is suspended.
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coffeepot
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#5 Re: PAID PCN- TO COUNCIL- EQUITA STILL CHASING -HELP

Post by coffeepot » 26 Apr 2017 16:56

Do i need to write an letter to go with the statutory out of time declaration form?

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#6 Re: PAID PCN- TO COUNCIL- EQUITA STILL CHASING -HELP

Post by Schedule 12 » 26 Apr 2017 18:11

No.
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