Thank you very much for your advice. I realise now that I should have been more careful with the V5... Leaving it to the scrap yard to sort out is a recipe for disaster.. However, for me - the main bone of contention is that the DVLA is stating that on the 12/06/15 - according to their records I was still the RK of this vehicle and thus are liable for any pursuant fines.. This infuriates me as I sent a letter to the DVLA mid-May stating I was not the registered keeper - this was on the advice during a telephone call with a helpful DVLA operative. I did not send it recorded or special delivery - as there was no indication from the DVLA operative that I should do so. No acknowledgement from the DVLA of receipt of this letter - until now when I get a summons... Is stating that the DVLA has misplaced my letter a reputable line of defence?

Hi, At the beginning of October 2014 I decided to scrap the car I was then driving, as it was basically falling apart. It was taxed and MOT'd at the time. I contacted what I believed to be a reputable car scrapping company to come and pick the car up from my parents' drive - parking where I live is a nightmare -they did so - (my father even recorded it in his diary it was such a memorable even for him..) The car was duly picked up at the start of October - the company web-site said they would do all the necessary DVLA stuff - and to my mind that was that. Fast forward a couple of months - and I started getting 'reminders' from the DVLA that I was still the Registered Keeper (RK) etc.. At first I phoned them up to explain what happened - but this did not seem to resolve the issue. At last, in late April early May, I read the reminder properly and saw the bit about writing to the DVLA to confirm that I was no longer the RK. I did so mid-May - but did not send this letter recorded or special delivery.. To cut to the chase - I have just received a Form 144 APR 'Requisition' to appear before a Magistrate's Court - miles from where I live. The case being put forward by the DVLA is that I did not acknowledge that I was the RK of said vehicle before 12/06/15. I am pretty annoyed about this - as I don't see what I have done to deserve the requisition. I have tried to contact the scrapping company I used - but they were not helpful - I gave them the V5 doc when they took the car for scrapping... All I have is my word against the DVLA - I've half a mind to plead not guilty and ask for the case to be moved to a Magistrates Court nearer where I live. My worry is how to plead not guilty in front of court - as I am sure that the DVLA will have a brief to represent them.. By the way - jus to make things clear - I understand that I should have received acknowledgement from the DVLA to my letter stating that I am no longer the RK of this vehicle. To this date - I have not received any such acknowledgement from the DVLA.. Any advice?

On returning home from work today, I found two letters from Equita waiting for me. One was the most irrelevant reply to a polite but firm enquiry that I have ever received, the other was a Warrant of Execution (WoE). Now this last letter confused me. I had a WoE put through my letter box, (hand written), in the middle of last week. Why send me another WoE, for the same PCN, through the post? - Can someone make sense of this for me? By the way, both the date of the hand written and the posted WoE are the same - should I read anything into this or not? As for the first letter that, quite frankly, is not worth the paper it is written on - all it has done is reinforce my suspiscion that Equita are a bunch of cowboys. As a result of their lack of co-operation, I am writing to my LA, as well as the organisations that supposedly 'regulate' these [problem] merchants. Let's see where this gets me... Cricket67

If you have been following my posts, you will know that my LA has set the bailiffs onto me regarding a PCN. I have been in touch over the telephone with the bailiff, stating that he won't get a penny off me, until I have a clear and tansparent breakdown of fees - and even then I will challenge anything I believe to be wrong.. I also wrote informing the bailiff of this. I gave them 14 days to reply. This runs out mid-week. If I have had no reply from the bailiff by then, does anyone have template letter I can send to said bailiff and/or LA stating that I want the LA to take over the administration of my debt? Are there any template letters dealing with LA PCNs that I might be able to use? I have looked on this site, and the template letters are very helpful - but they mostly deal with private car parks. In my case it was my LA doing me for being parked on a single yellow line near to my home. They have an 8am-6pm (Monday to Friday) no parking sign. I have to park somehwere! I parked after 6pm the night before - but gone done at 8.20am the following morning... If someone could point me in the direction of the template letters, I would be very grateful. Cricket67

Well would you believe it! I spoke to a colleague at work and they are also fuming at having received a PCN.. My colleague is thinking of apealing using a PE3 - however, am I right in thinking that these forms have been replaced by the new TE forms (3 or 7), that require a fee? If someone could enlighten us.. Many thanks, Cricet67

Can anyone help? I have certain questions regarding the current action that Certified Bailiffs, Equita, are taking against me in relation to a PCN I have attached a 'Table of Fees Charges and Expenses' - that they claim they abide by...(really?) My first question relates to the following:- what constitutes a visit to levy distress? - For example: the bailiff comes round - I'm not there - and he shoves a threatening letter through the letter box - stating that he will be around again - any time of the day or night (charming) to enforce this warrant - Is this attending to levy distress? I have had two such visits - and according to the note appended to Section 3, he can only charge in respect to levying distres for three attendences to my property. Can the bailiff then turn round and say - these 2 visits to drop letters off, were not for the purpose of levying distress, but to make contact - and that he has not yet started to levy distress? Once he has made three visits to levy distress, but got nowhere - what charges does he now add on - I cannot see this from this charge sheet? Mnay thnaks, Cricket67 Fees.pdf

I have just returned home to find a letter waiting for me from the Certified Bailiffs dealing with my PCN. This was in answer to my 'first contact' letter - asking for the name of the Bailiff who is actually going to call round and see me - (he has already done so twice -but I wasn't there) It is a model of brevity. I have since sent a letter asking for a complete, transparent and clear breakdown of fees, as well as a screenshot of all the details they have on me - not a Subject Acess Request, so not liable to a £10 fee - not that I would mind paying that... If the first letter is anythig to go by - then all I am likely to receive is a rather loud raspberry from the Bailiff Company. What should I do next, if this is the case? (By the way I enclosed a copy of the Table of Fees, Charges and Expenses - under the Enforcement of Road Traffic Debts Regulations 1993 - that the company has the bare-faced cheek to say it uses on its web-site - and I told them bluntly to justify the extortionate fees that they are charging me compared to this list of fees they say they charge!!!) Going back to my main point - should I not receive a satisfactory answer, what should my next play be? Go back to the Council and ask them to take over this case? Is there anything else I can do? Any ideas would be very helpful.. Grim faced, but determined.. Cricket67

From reading the very helpful replies to my original post - the one point I have registered, is that having to deal with a Bailiff over a Pentalty Charge Notice (Parking Fine, in other words), does not seem to be the same as having to deal with a bailiff over Council Tax arrears/debt, (re: Bailiffs powers etc.) However, my original point still stands and that is - if I am reading the regulation/rules correctly - that a Bailiff can only charge a fee for visiting a property for three visits. Once he has visited a property 3 times - he cannot charge any further fees for visiting that property. What constitutes a visit? - So far I have had two hand delivered letters through the door - both badly spelled and rather tatty looking. To my mind, that is 2 visits. Finally - and I'm looking ahead here - said Bailiff turns up at my door again - and gets no joy. He delivers another of his letters through my letter-box - his calling card you might say - rather like a dog marking his territory by cr*pping in the corner.. Bingo! - 3 visits no joy. I've heard that a WoE lasts for a year - but what incentive has he now got to keep coming round if he cannot charge, and in the experience of those who have been here before - how long before he says - enough is enough - sends the WoE back to the Council and says - you deal with it? Any ideas? Cricket67

:idea: Update: I have received the 'dreaded' hand delivered note with the usual threats... Car is hidden, I'm out at work all day - The house is locked and all windows closed. Short of posting a person outside my house 24 hrs a day, (they wouldn't do that, would they?) - I feel relatively confident that the bailiff will not get access to my house or car... My question is this - according to all the info that I have read about bailiffs and PCNs, the bailiff can only charge a fee for 'levying distress' on the first three visits to a debtor. What happens then? - If he can't charge a fee for a visit - what interest is there for a bailiff to continue chasing, and how long before he boots the whole thing back to the Council? If someone could advise me on this.. much appreciated.. Cricket67

Further to my earlier post, I have now finally found out the name of the bailiff/debt collector who is dealing with my case - a week after making contact!! Surprise, surprise, the amount I am being asked to pay is now £391.06. Needless to say, I am not a happy bunny!!. I have just come back from the CAB, who were very nice and sympathetic... They did say; "why not contact the Trade Organisations who Equita claim to belong to?" - I had not the heart to tell those nice people at the CAB, that I had already rung these organisations up, to be told, please don't phone us - write to us instead - oh, and by the way, we are not able to advise on any of the following points as far as Bailiff Companies are concerned:- Bailiffs and the Law, Fees etc. etc. (Not much use there then..) What I find amazing, is the brass neck that this comapny Equita has. I have attached a copy of the 'so-called' charge list, Equita claims to be following when dealing with parking notices. If anyone can tell me how £123.16 can go to £391.06, by following the charges on this list, please let me know. I intend to send this list to Equita along with a formal complaint, that I will also send to the council. However, I need to get some time - can anyone suggest how I might be able to slow Equita down, for long enough for me to sort my defence out, and be able to counter any moves they might make? Finally - Does anyone think it might be a good move, if I was to offer to pay the council? And if I did pay the council, what happens then? Cheers, A very angry and frustrated Cricket67!! scan0001.pdf

I recently received,(12/04/10), a Warrant of Execution (WoE) notice from Equita, regarding a pcn that was passed on to them to collect from my Local Authority (LA) - Tunbridge Wells in Kent. The charge on the PCN is £123.16. I do not dispute this charge, and I accept that it is my fault that it has got this far. I contacted Equita the moment I received this WoE (12/04/10), and told them that I would pay this sum off on 21st of the month the date I get paid. I have also written to Equita stating the same. The person who took my call at Equita, (very polite), noted that I had made an offer to pay, and told me that they - (Equita) - would make a note of this on my casefile, and that any responsible bailiff(!!) would see this, and not take further action until after this date, and only should he/she be asked to!!! As soon as I heard this I asked the obvious question: - " Equita sent me the WoE, I am going to pay Equita this sum on 21/04/10, so surely Equita is the bailiff dealing with this PCN?" - To be told that Equita had 'sub-contracted' out this PCN to a local bailiff/debt collector - (Can they do this?). When I asked who this bailiff was, the person at Equita was unwilling to give me this information. Again, can they do this? My worry is this: - that once I pay the £123.16 to Equita on 21/04/10; what is to stop another bailiff turning up and saying that they are after money for said PCN - pay up! Once I have paid, is Equita obliged in anyway by Law, to tell all and sundry to leave off chasing me for the money because I've paid? Can anyone help. Many thanks, Cricket67

I recently received,(12/04/10), a Warrant of Execution (WoE) notice from Equita, regarding a PCN that was passed on to them to collect from my Local Authority (LA) - Tunbridge Wells in Kent. The charge on the PCN is £123.16. I do not dispute this charge, and I accept that it is my fault that it has got this far. I contacted Equita the moment I received this WoE (12/04/10), and told them that I would pay this sum off on 21st of the month the date I get paid. I have also written to Equita stating the same. The person who took my call at Equita, (very polite), noted that I had made an offer to pay, and told me that they - (Equita) - would make a note of this on my casefile, and that any responsible bailiff(!!) would see this, and not take further action until after this date, and only should he/she be asked to!!! As soon as I heard this I asked the obvious question: - " Equita sent me the WoE, I am going to pay Equita this sum on 21/04/10, so surely Equita is the bailiff dealing with this PCN?" - To be told that Equita had 'sub-contracted' out this PCN to a local bailiff/debt collector - (Can they do this?). When I asked who this bailiff was, the person at Equita was unwilling to give me this information. Again, can they do this? My worry is this: - that once I pay the £123.16 to Equita on 21/04/10; what is to stop another bailiff turning up and saying that they are after money for said PCN - pay up! Once I have paid, is Equita obliged in anyway by Law, to tell all and sundry to leave off chasing me for the money because I've paid? Can anyone help. Many thanks, Cricket67

A couple of months ago I took out a payday loan with THL. For reasons that I won't go into, I defaulted on this loan. Time passed, and in the end I received a letter from a Debt Recovery Agency, stating that they had been instructed by THL to recover this debt. I contacted this agency, proposed a fair and reasonable repayment plan, and this was accepted starting from my latest pay date. Cue to the other day:- my latest monthly salary came in overnight as it always does. I checked the amount the following day, as I always do, and found that a large sum of money had been taken out from my account. As the money taken out was approximately the amount I owed to THL, and was being collected/recovered by the debt collection Agency, I thought that it was the latter who had taken this money out in error....!! I contacted my bank, who told me, that in the early hours of the morning there had indeed been a large withdawal of money from my account, using my debit card details. I asked who had withdrawn this money, expecting it to be the debt collection Agency - imagine my fury/surprise, when it turned out that THL, who had instructed a debt collection Agency, to recover my debt, were the people resonsible for taking out this money!!! My question is this:- when a lender instructs or constracts out to a debt collection Agency, to recover a debt, who now has the legal responsibility for that debt. The original lender or the Collection Agency? If it is the original lender - then what is the point of Collection Agencies, for if they have no legal responsibility for recovering the debt, how can they enforce recovery? I have been led to assume from their letter that the debt collection Agency had responsibility for collecting the amount owed. If this is the case what on earth are THL playing at? Can someone please help me? Much distressed poster

A couple of months ago I took out a payday loan with THL. For reasons that I won't go into, I defaulted on this loan. Time passed, and in the end I received a letter from a Debt Recovery Agency, stating that they had been instructed by THL to recover this debt. I contacted this agency, proposed a fair and reasonable repayment plan, and this was accepted starting from my latest pay date. Cue to the other day:- my latest monthly salary came in overnight as it always does. I checked the amount the following day, as I always do, and found that a large sum of money had been taken out from my account. As the money taken out was approximately the amount I owed to THL, and was being collected/recovered by the Debt Collection Agency, I thought that it was the latter who had taken this money out in error....!! I contacted my bank, who told me, that in the early hours of the morning there had indeed been a large withdawal of money from my account, using my debit card details. I asked who had withdrawn this money, expecting it to be the Debt Collection Agency - imagine my fury/surprise, when it turned out that THL, who had instructed a Debt Collection Agency, to recover my debt, were the people resonsible for taking out this money!!! My question is this:- when a lender instructs or constracts out to a Debt Collection Agency, to recover a debt, who now has the legal responsibility for that debt. The original lender or the Collection Agency? If it is the original lender - then what is the point of Collection Agencies, for if they have no legal responsibility for recovering the debt, how can they enforce recovery? I have been led to assume from their letter that the Debt Collection Agency had responsibility for collecting the amount owed. If this is the case what on earth are THL playing at? Can someone please help me? Much distressed poster