In over my head with Parking Fines & Bailiffs and have no Idea!!! Equita, Whyte & Co JBW

[munksey2001]

Thank you for your help. I am very nervous, but Im just going to have to give everything Ive got and go there and get it out the way.

 

Out of interest, the other 2 hearings that I have in November, there Warrent of Execution will expire in September so does this mean that the bailiffs have to go back to court to get another Warrent of Execution? Or does it mean that it has expired for good?

 

I also do not have the car anymore, I am planning to scrap it in the new couple of days, but my nan and grandad have bought me a little run about for now in my name and address. If the hearing goes against me and it goes back to the bailiffs can the bailiffs take my new car? I have also moved addresses recently too so I am at a new address?

 

Thank you for all your help and support and be assured that I will definately be using my please and thank yous on Tuesday.

[lookinforinfo]

As they have levied on your old car, I think you should not dispose of it. Just take out your personal belongings and if they want to take it,

it might be cheaper than getting rid of it yourself.

 

Just keep your new car out of sight until after the Court case so they cannot levy on that. Levys are not transferable so they would need to do

a new levy for that car.

 

However, the Court should allow your applications on Tuesday so the question should not arise.

[munksey2001]

My car which has the PCN's on has never been levied as I never went ahead with it as I was unsure fully what it meant. My new car I am planning to put it into my Grandads name as he bought it for me but I will have to wait and see. So if the car has nor been levied is it ok to scrap still though I may SORN it as a friend wants it off me but hasn't got the mobey for it yet.

[lookinforinfo]

If they haven't levied on it, then yes you can scrap it or sell it on-it's up to you.

[munksey2001]

Just an update to let you know I went to court today. A guy from havering borough came to represent havering but no one from Newham came. In the end the judge referred the cases back to Northampton and I am to wait to hear from them in regards to both cases Havering and Newham.

 

So what does this mean exactly and I've still got another 2 with Havering to go back to court in November.

 

What do you reckon TEC will do now and what happens next?

[lookinforinfo]

It is disappointing for you that the Judge did not rule on the validity of your appeals especially the one from Newham as they did not turn up. I guess that should

mean that the Judge expects Northampton to rule in your favour. Did the Judge make any recommendations?I

 

Did the Judge ask Havering why they refused your application? Did they make any comment about Newham not turning up?

 

One would think that Newham not turning up meant they thought that you would win so no point in going.

 

If Northampton do accept your submissions now, you would wonder whether havering will turn up for your next case.

[munksey2001]

I explained to the judge that the car is in my name and I drive it but my ex partner who we are not really on great speaking terms with did not let me know that there were tickets on the car. The judge asked why I hadn't seen the tickets on the vehicle but I explained they were all CCTV cars that caught me and send the PCN straight to the registered address of the car. The judge said he would send them back to Northampton and I was to wait for a response from them.

 

The man who was representing Havering then left the court

room and immediately the judge said he will also send back the 1 from Newham to Northampton. I am disa

I am disappointed but the warrant of execution is due to expire in September 2012 and my next 2 hearings are in November 2012. I'm hoping they will accept it and I can just be done with these.

 

The guy from Havering brought up a section and paragraph under the traffic enforcement laws that I could only do an out of time dec within 21 days of getting the fine but I had to explain that I was in a payment arrangement with Equita but sort out help from here as I could not afford legal advice and took the necessary steps.

 

Thank you for your help and I will keep you updated.

 

Just one last question if the warrant if execution is due to expire do I still have to pay the fine if it goes back to original amount? Or is it deleted permanently? And if it goes bavk to bailiffs and I don't have the car anymore can they enter my property and remove goods ?

 

Thank you for your help

[lookinforinfo]

The warrant of execution may expire in September, but the debt won't.The Council can reapply for a further warrant. Hopefully the fine will go back to the original amount and

any bailiff fees returned to you.

 

The bailiffs cannot enter your house until they are invited by you or you leave a door or window open so that they can enter. They cannot take any goods until they have entered and

levied on sufficient goods to cover their fees and the outstanding debt. So don't let them in and pay the council. If you get a new car, they could levy on that so keep it away from the house .

[munksey2001]

Thank you lookinforinfo for all your helpl. It feels like such a long a hard battle but I just hope that it comes to an end soon as hopefully. But thank you all for your help and I will update through to the end and lets hope I finish this thread with good news that I have finally paid them all off.

 

Thank You x

[lookinforinfo]

It can be quite a long battle Munksey. Mine was over a year before I got to the end of it. I had to go to Court too so knew what it's like.

I echo your hopes that you too will be successful.

[wonkeydonkey]

Munskey ...take look back at your first post to all of this...indeed your thread title says it all, Then look at how far you have come and give yourself a huge pat on the back:-) stay positive and it will eventually come right.

 

WD