Lisa and Equita bailiffs

[lisaf]

Hi All,

 

I rec'd in the post today a letter from equita bailiffs regarding removal of my car due to unpaid congestion charges.

I tried to call them as i have never rec'd any paperwork about these and all i got was a mobile number of the bailiff dealing with it (whose phone was turned off)!

So I called transport for london and they said it was for 2 unpaid congestions and it was now in the hands of equita.

The car is registered at my Mum's but I don't actually live there now and i'm just so worried that they will knock at her's and pester her (she's a pensioner and lives alone).

They can't get the car as it's in Wales at the moment with my OH - so what else can they do? I have left a text on the bailiffs phone telling him to contact me but i know i won't be able to sleep tonight with the worry!

Any advice anyone?

Ta very much

Lisax

[letsmakeamark]

If you have the pcn numbers then you need to file these forms here :

http://www.hmcourts-service.gov.uk/cms/files/OOTApplicationPack.pdf

 

fill 2 forms per pcn/fine etc have them witnessed at your local county court and post them off.

[tomtubby]

This is very simple. You need to file an Out of Time late Statutory Declaration.

 

This will ensure that all bailiff action ceases and all charges stop.

 

On the PE2 you need to state why you have left it late to complete this form.

 

You need to say that you were unaware of this PCN until a bailiff visit and that from enquiries made it would appear that all statutory notices had gone to a previous address.

[lisaf]

Thanks so much guys. Sorry to be thick but do I get these forms inside court and fill them in - and who can witness it?

Lisa x

[tomtubby]

Regarding the fact of witnessing the form. This is actually very important because the rules have changed in that if the PCN was issued under the Traffic Management Act 2004 ( ie: after 31st March) then you do not have to have the forms witnessed.

 

If issued under the Road Traffic Act 1991 they do need to be witnessed.

[lisaf]

Thanks Tom - how do I find out if the PCN's are issued under which act?

And is it a court official who witnesses the pe2 and 3?

Lisa x

[tomtubby]

If the contravention occured AFTER 31st March 2008, then it is under the TMA, before 31st March it will be under the Road Traffic Act.

 

If the forms needs witnessing, you will need to take it either to your local county court who will not charge you, or take it into ANY firm of solicitors and they should charge just £5 to witness your signature.

 

The Guidance Notes from TEC are very easy to understand.

[lisaf]

Thanks Tom - I think they were both after 31st March. Going to Court first thing tomorrow morning.

Lisa

[lisaf]

Right - update on last post. Still no response from Equita but in the meantime have FOUND pcn for 1 of those that equita was chasing so obviously could not issue a stat dec on that one but i did on the other one yesterday at court.

Bit nervous as i'd never done that before but it was fine and then faxed

it over to northampton.

So how quickly does this filter down to equita? and how much do you reckon they will charge me for the other pcn that was originally £185 and is it worth paying TFL direct for that?

Many thanks

Lisa x

[letsmakeamark]

you can file a out of time whenever. The n224 must be done within 21 days of refusal.

[lisaf]

Hi Letsmakeamark,

Sorry what is a N224? and 21 days of refusal - from whom?

Basically I filed a stat dec and out of time dec yesterday and faxed them both off to northampton, all signed etc - haven't I done something I should have?

Sorry to be a pain!

Lisa x

[lambethcashcow]

Hi Lisa iam going through a similar proceedure with Lambeth. I missed the deadline for my PE3 form (stat dec unpaid PCN)so i have to fill out the PE2 form (stat dec out of time form). Apparently form PE2 is sent to Lambeth first to see if they will accept the late decleration. If they reject it (in Lambeths case a certainty) then it goes to an officer of the court to decide if it is accepted. If not accepted then i believe you have to fill out form N whatever it is in order to get a hearing.

 

I presume this hearing is to determine whether they will accept the late decleration within form PE3 or not. If this is lost/rejected then surely the right to have a fair trial over the PCN is broken (article 6 ECHR).

 

I am a novice at this so if any of our legal gurus could verify and comment on this it would be helpful. Maybe they could also offer some tips on how to present/word an Out of Time Decleration form PE2 so that its more acceptable to an officer of the court. Would it be worthwhile for example to quote Article 6 of ECHR?

[lisaf]

Hi Lambethcashcow - I think i'm getting more confused as the day goes on!

I have a feeling aswell that mine will be thrown out due to lack of info. I'm assuming that it will keep the bailiffs off for now though anyway?

Although it's for 2 pcn's and I have actually found one now so I suppose they'll continue to chase for that.

The car isn't at the address it's registered at so i'm not concerned about that - I just didn't want the bailiffs knocking at my Mum's!

Lisa x

[lambethcashcow]

Hi Lisa i know what you mean by confusing! but thats the way the fashists exploit us by hiding behind statutory red tape.The more we can get up to speed with this and know our rights the less they can manipulate us. Anyway i suggest you try the PePiPoo.com forum. Many of the same people on this forum go there for their parking problems as it is specifically for that. Also they have many active parking legal specialists who are activley helpful .... excellent site. Join up its free then do a search for PE2 and you will understand more. I have not had to deal with the Bailiff problem yet but i know there are things you can do to delay or stop them in their tracks. I believe i have seen more on PePiPoo about this, start a thread get some advice ... i will look out for you there.

 

good luck

[lisaf]

Thanks so much lambethcashcow - I will go there immediately!

 

Lisax

[Saffronflowers]

thats the way the fashists exploit us by hiding behind statutory red tape.The more we can get up to speed with this and know our rights the less they can manipulate us.

 

As much as bailiffs are not my favourite people nor their the tactics often within the legal bounds I feel that it is unnecessary to post such a statement.

 

Please note that many concils and bailiff companies view these forums, lets not lower ourselves.

 

SFx

[chris600uk]

And not all bailiffs are bad people, some of them are just ordinary folk like you or me who need a job to pay the mortgage, rent, csa, etc, etc.

[chris600uk]

Most of the problem is the lack of accountability - governments fault

Our lack of knowledge of our rights - our fault

There's a general apathy which only lifts when something urgent happens, otherwise like Nietche said, nobody's interested until it affects them.

 

If more of us had more community spirit a lot of this stuff couldn't happen so easily

[lisaf]

I still haven't heard from equita re these pcn's. Not even the one that I found. I did text the 'appointed bailiff' last Friday as that was advised on his answering machine and he still hasn't got back to me.

Should I be chasing them as I don't want any visiting fees etc?

Many thanks

Lisa x

[lisaf]

Sorry - also on letter from equita there was no mention of the pcn numbers (only got the fact that there were 2 and what they were from TFL when I called them Friday) and also no amounts of what they were trying to extort from me!

I'm too frightened to call them!

Lisa x

[tomtubby]

Lisa,

 

 

You have to address this NOW.

 

If the warrant is addressed to your mothers house then the bailiff WILL visit there. Of that there is NO DOUBT.

 

As for you saying that the car is no longer at the address, that argument is not sound because the bailiff company can locate the vehicle by use of their ANPR camera vehicles.

 

The bailiff is probably not getting in touch because you advised that you were doing Out of Times.

 

Be CAREFUL. You should pay this one PCN NOW.

[Bongo Dancer]

The other car is with her OH in South Wales,a long way for an ANPR van....

 

Lisa, My fishing around the net found this, it shows up an achilles heal with bailiffs and doesn't carry a £10 Subject Access fee. Nothing to lose hey?

 

Name of bailiffs

Address 1

Address 2

Address 3

Address 4

 

[DATE]

 

Dear Sir/Madam

 

Re: [YOUR NAME + REF]: Your Fees an dopportunity to mitigate fee error

 

I write following visits by your bailiff and ask for the following and note that Forms PE2 and PE3 have been lodged. Please provide within fourteen (14) days:

 

a) The name of the court and certificate number of the bailiff in charge

 

b) Written confirmation of your fees and charges

 

c) Truthfully confirm in writing they are lawful.

 

d) The name and address of the person or body you act for

 

If you cannot complete any of the above, please unconditionally pay me a refund of all unlawful fees and unconditionally pay me compensation of £1500 for failure to comply with the law and I will consider this aspect of the matter closed.

 

If I later find an irregularity with your fees within the statutory time limit of 6 years prescribed under Section 2 of the Limitation Act 1980, I will enter no further correspondence with you and automatically file a Form 4 at court for committing offences under the Fraud Act 2006. This may also involve a criminal investigation by police and your bailiff firm's director(s) may receive a criminal record for fraud, assisting an offender and benefiting from proceeds of crime.

 

This document is delivered by Royal Mail and deem it good service upon you by the ordinary course of post under Section 7 of the Interpretation Act 1978. It is your responsibility and in your best interests this letter is handed to the relevant person within your organisation.

 

Yours Sincerely

 

 

YOUR NAME

[lisaf]

Hi Guys - right the update today! Got a call from my boss this morning saying Equita bailiffs had called my work and that they were parked outside my sister's house (where the car was parked)! and were just about to clamp it!

So I called my OH (who was there doing work in the house). He ran out and basically they said they won't charge for the ticket I did the stat dec for even though they still hadn't rec'd it but they HAD to collect for the other ticket.

So it cost me £460 ish to get out of them towing it! Gutted!

They must have got my work number from when I tried to call them last week. It's a good thing that my boss is very understanding.

Lisa x

[Bongo Dancer]

How does that cost you £460 quid to get out of towing it? The AA can transport a car from Plymouth to East Grinstead on a flatbed truck for £240+VAT.

[lisaf]

We're obviously in the wrong job! - absolutely outrageous!