Dart charge Equita

Stop or Suspend Enforcement. Appeal the PCN. Claim Damages for Unlawful Interference with Vehicles.
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deankreynolds
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Joined: 26 Sep 2017 18:39

#1 Dart charge Equita

Post by deankreynolds » 26 Sep 2017 19:09

Hi hope someone can help...
I was recently informed by my estranged father that bailiffs had turned up at his property searching for me r.e a dart crossing charge.
As I am estranged from my father I received no previous letters until this happened. (Yes... I did not change my reg address when I moved out of that address) I contacted the enforcement officer Mr Allan Horne and promptly paid the quite extortionate sum of 425 pounds. End of matter.
I was then passed another letter some 5 days later (20.09) advising of another imminent visit from a Mr Allan Horne from Equita. ....I assumed this was just a delayed letter but called the gentleman of questionable heritage anyway to check. He knew nothing of this reference I quoted..despite the letter seemingly being signed by said gentleman, so I called Equita offices. They advised this was the northbound journey I must've taken post the previously paid fine on the southward journey..makes sense. I was quite rightly pretty pissed off at this as I asked when paying the previous fine if there were any other charges in my name I was told no. So I agreed to pay... but was told it would be the same sum of 425 pounds. The previous sum contained a visit to my previous property... this fine had no such visit so my query is... when does the 235 enforcement fee become valid? At point of visit? Or point of referal to the enforcement officer (as Equita told me) I have paid the full 425 as my estranged father is quite ill and didn't want this "nice gentleman" going round there bothering him again. So my next question is.. if this 235 was charged unlawfully what chance do I have of getting it returned?

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Schedule 12
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#2 Re: Dart charge Equita

Post by Schedule 12 » 27 Sep 2017 09:43

deankreynolds wrote:
26 Sep 2017 19:09
Hi hope someone can help...
I was recently informed by my estranged father that bailiffs had turned up at his property searching for me r.e a dart crossing charge.
The bailiff cannot enforce against him. It's not his debt

As I am estranged from my father I received no previous letters until this happened. (Yes... I did not change my reg address when I moved out of that address) I contacted the enforcement officer Mr Allan Horne and promptly paid the quite extortionate sum of 425 pounds. End of matter.

To be technical, you can reclaim £310 of it. You have evidence you were not given notice and that is a statutory requirement under paragraph 7.1 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 (TCEA 2007). As that is a component of the Schedule 12 provisions, the bailiff is unable to recover fees. Regulation 3 of the Taking Control of Goods (Fees) Regulations 2014 states:

  • These Regulations apply when an enforcement agent uses the Schedule 12 procedure.



I was then passed another letter some 5 days later (20.09) advising of another imminent visit from a Mr Allan Horne from Equita. ....I assumed this was just a delayed letter but called the gentleman of questionable heritage anyway to check. He knew nothing of this reference I quoted..despite the letter seemingly being signed by said gentleman, so I called Equita offices. They advised this was the northbound journey I must've taken post the previously paid fine on the southward journey..makes sense.
When there are multiple enforcement powers against the same person, they must be applied concurrently and not consecutively, likewise the fees, except the £75 compliance stage fee. Regulation 11 of the Taking Control of Goods (Fees) Regulations 2014 "More than one enforcement power available against the same debtor".

In any case, the warrant address is wrong and the bailiff cannot recover any fees.




I was quite rightly pretty pissed off at this as I asked when paying the previous fine if there were any other charges in my name I was told no. So I agreed to pay... but was told it would be the same sum of 425 pounds. The previous sum contained a visit to my previous property... this fine had no such visit so my query is... when does the 235 enforcement fee become valid? At point of visit? Or point of referal to the enforcement officer (as Equita told me) I have paid the full 425 as my estranged father is quite ill and didn't want this "nice gentleman" going round there bothering him again. So my next question is.. if this 235 was charged unlawfully what chance do I have of getting it returned?
Using the legal position I have given above, You can do a recovery of £620 in total. It's best to reclaim it from Highways England as they are liable for the enforcement agent. Here is how to do it. http://www.dealingwithbailiffs.co.uk/Co ... edure.html
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