Forced to pay by Equita Bailiffs, what can I do to challenge?

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DC1010
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#1 Forced to pay by Equita Bailiffs, what can I do to challenge?

Post by DC1010 » 25 Jul 2017 11:44

Hi

So yesterday morning I had quite the surprise, I left to go work at 7am and noticed my girlfriends car had a note on it (please see attached) with a clamp. After some investigating and calls turns out that she had a parking ticket for being slightly in a box junction in November 2017 but we had received no letters or correspondence. After checking with them found out my GF hadn't changed her address for her log book and license (granted this is her fault and she changed it immediately today) and they were demanding £516 to remove the clamp. It seems the fine was £290 and the reminder was Equita fees

Around 1pm my GF went to check on the car and this bailiff was waiting in the van and got out and smugly said to her I clamped your car and I am towing it away unless you pay me £516 today. I raced down to there from work and asked to see his badge which he showed me but would not allow me to take a photo of. As most baliffs, a very unpleasant human being ride and aggressive. He would not agree to any payment plans, half the payment nothing. He said it will be towed today UNLESS we paid today even though we explained we knew nothing about this. We did not dispute that the letter had or hadn't been sent but it was at wrong address. I asked him why did they not send any correspondence to her new address as they clearly knew she lived there as the clamped it around her home address. Just ignore me.

He said it was going to be towed and the amount owed would be more if went something stupid like £1000. My GF got scared and forced to pay it. But I feel this has been massive bullying and they have not allowed us to investigate from the point of being clamped. Does anyone have any advice on what I can do?

Many thanks
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Schedule 12
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#2 Re: Forced to pay by Equita Baliffs, what can I do to challenge?

Post by Schedule 12 » 25 Jul 2017 12:19

DC1010 wrote:
25 Jul 2017 11:44
Hi

So yesterday morning I had quite the surprise, I left to go work at 7am and noticed my girlfriends car had a note on it (please see attached) with a clamp. After some investigating and calls turns out that she had a parking ticket for being slightly in a box junction in November 2017
November 2016?



but we had received no letters or correspondence. After checking with them found out my GF hadn't changed her address for her log book and license (granted this is her fault and she changed it immediately today)
Bailiffs say it's the keeper's fault which excuses the bailiff for taking non-compliant enforcement action.

The bailiff is wrong. They traced her new address, didn't give statutory notice or inform the authority to enable them to issue a new Notice to Owner or a fresh warrant under CPR 75.

and they were demanding £516 to remove the clamp. It seems the fine was £290 and the reminder was Equita fees
The bailiff has defrauded you. He took an enforcement step knowing the address on the warrant is wrong.



Around 1pm my GF went to check on the car and this bailiff was waiting in the van and got out and smugly said to her I clamped your car and I am towing it away unless you pay me £516 today. I raced down to there from work and asked to see his badge which he showed me but would not allow me to take a photo of.

The bailiff knows he is defrauding someone out of £516.


As most baliffs, a very unpleasant human being ride and aggressive. He would not agree to any payment plans, half the payment nothing. He said it will be towed today UNLESS we paid today even though we explained we knew nothing about this. We did not dispute that the letter had or hadn't been sent but it was at wrong address. I asked him why did they not send any correspondence to her new address as they clearly knew she lived there as the clamped it around her home address. Just ignore me.

He said it was going to be towed and the amount owed would be more if went something stupid like £1000. My GF got scared and forced to pay it. But I feel this has been massive bullying and they have not allowed us to investigate from the point of being clamped. Does anyone have any advice on what I can do?

Many thanks
Under Paragraph 8.1 of Practice Direction 75, enforcement is suspended at 4pm the weekday you email the completed forms

Let us know the outcome, it takes up to six weeks. We can work out how much they owe you and how to recover it.
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

DC1010
Posts: 6
Joined: 25 Jul 2017 11:25

#3 Re: Forced to pay by Equita Baliffs, what can I do to challenge?

Post by DC1010 » 25 Jul 2017 13:03

Thanks so much for your advice with this Schedule 12, I have to admit I was not sure if it was worth fighting this but a friend recommended this site to me. I just think its despicable they are allowed to get away with this.

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Schedule 12
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#4 Re: Forced to pay by Equita Baliffs, what can I do to challenge?

Post by Schedule 12 » 25 Jul 2017 13:34

If it's on this board, bailiffs DON'T get away with it.
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

DC1010
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Joined: 25 Jul 2017 11:25

#5 Re: Forced to pay by Equita Baliffs, what can I do to challenge?

Post by DC1010 » 25 Jul 2017 14:45

Schedule 12 wrote:
25 Jul 2017 12:19
DC1010 wrote:
25 Jul 2017 11:44
Hi

So yesterday morning I had quite the surprise, I left to go work at 7am and noticed my girlfriends car had a note on it (please see attached) with a clamp. After some investigating and calls turns out that she had a parking ticket for being slightly in a box junction in November 2017
November 2016?



but we had received no letters or correspondence. After checking with them found out my GF hadn't changed her address for her log book and license (granted this is her fault and she changed it immediately today)
Bailiffs say it's the keeper's fault which excuses the bailiff for taking non-compliant enforcement action.

The bailiff is wrong. They traced her new address, didn't give statutory notice or inform the authority to enable them to issue a new Notice to Owner or a fresh warrant under CPR 75.

and they were demanding £516 to remove the clamp. It seems the fine was £290 and the reminder was Equita fees
The bailiff has defrauded you. He took an enforcement step knowing the address on the warrant is wrong.



Around 1pm my GF went to check on the car and this bailiff was waiting in the van and got out and smugly said to her I clamped your car and I am towing it away unless you pay me £516 today. I raced down to there from work and asked to see his badge which he showed me but would not allow me to take a photo of.

The bailiff knows he is defrauding someone out of £516.


As most baliffs, a very unpleasant human being ride and aggressive. He would not agree to any payment plans, half the payment nothing. He said it will be towed today UNLESS we paid today even though we explained we knew nothing about this. We did not dispute that the letter had or hadn't been sent but it was at wrong address. I asked him why did they not send any correspondence to her new address as they clearly knew she lived there as the clamped it around her home address. Just ignore me.

He said it was going to be towed and the amount owed would be more if went something stupid like £1000. My GF got scared and forced to pay it. But I feel this has been massive bullying and they have not allowed us to investigate from the point of being clamped. Does anyone have any advice on what I can do?

Many thanks
Under Paragraph 8.1 of Practice Direction 75, enforcement is suspended at 4pm the weekday you email the completed forms

Let us know the outcome, it takes up to six weeks. We can work out how much they owe you and how to recover it.
Thanks schedule12

Sorry I have never done one of these forms before, applicant is that the persons name e.g myself? With location of contravention should I put my local area or does it require full address (a road by her house) of where she was clamped?

Is it best to write all the reasons you gave why they breached under "reasons why for filling statutory declaration outside the time" or do i need to write a full a summary like I did with my initial post?

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Schedule 12
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#6 Re: Forced to pay by Equita Baliffs, what can I do to challenge?

Post by Schedule 12 » 25 Jul 2017 15:08

You are a "respondent".

On a PE3, location of contravention is:
  • a box junction.
(Copy it verbatim from their own document)



Tick the first box. Your reason:
  • The address for the respondent is wrong.


On a PE2, your reason is:

  • A bailiff turned up unannounced at my address with a warrant of control showing a wrong address.



Elsewhere on the internet a certain individual charge £45 for that. No prizes for guessing who...
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

DC1010
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Joined: 25 Jul 2017 11:25

#7 Re: Forced to pay by Equita Baliffs, what can I do to challenge?

Post by DC1010 » 25 Jul 2017 16:26

Schedule 12 wrote:
25 Jul 2017 15:08
You are a "respondent".

On a PE3, location of contravention is:
  • a box junction.
(Copy it verbatim from their own document)



Tick the first box. Your reason:
  • The address for the respondent is wrong.


On a PE2, your reason is:

  • A bailiff turned up unannounced at my address with a warrant of control showing a wrong address.



Elsewhere on the internet a certain individual charge £45 for that. No prizes for guessing who...
That is brilliant, I would pay you that if you was in front of me mate for your help!!

I take it applicant is the person who issued the fine in my case Enfield Council?

Also I am bit confused about the date of contravention. Is that the day she parked in the box junction or the date of the date she got clamped?

DC1010
Posts: 6
Joined: 25 Jul 2017 11:25

#8 Re: Forced to pay by Equita Baliffs, what can I do to challenge?

Post by DC1010 » 25 Jul 2017 16:29

Or is the applicant Equita?

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Schedule 12
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#9 Re: Forced to pay by Equita Baliffs, what can I do to challenge?

Post by Schedule 12 » 25 Jul 2017 18:38

It's not a service I offer. I do them for free because they take under a minute.

A certain individual clandestinely sends private messages on another forum offering appeals at £45 a go, or £70 for two.

Contravention date is the box junction offence date.

The applicant is the council. You are the respondent.
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

DC1010
Posts: 6
Joined: 25 Jul 2017 11:25

#10 Re: Forced to pay by Equita Baliffs, what can I do to challenge?

Post by DC1010 » 26 Jul 2017 08:19

Schedule 12 wrote:
25 Jul 2017 18:38
It's not a service I offer. I do them for free because they take under a minute.

A certain individual clandestinely sends private messages on another forum offering appeals at £45 a go, or £70 for two.

Contravention date is the box junction offence date.

The applicant is the council. You are the respondent.
Good morning schedule 12. thank you very much for this and your help I greatly appreciate it. Am sending all the relevant details with evidence this weekend.

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