Equita Again!!!!

[cool4ny]

Hi

 

My wife got a parking ticket from the council which is contesting. She appealed against the council for the parking ticket but the information provided by from the council were not complete so she wrote again for more information. We didnt receive any more correspondent from the council for days until she got a letter from Equita Bailiffs threaten to come around and take her stuff to sell.

 

Is the the normal procedure? I think the council should send an Order for recovery of unpaid charge and get a court action before sending the heavies(Bailiffs)?

 

Is there any formal letter we can send to the coucil or are they right to send these guys without going to court?

[Jamberson]

Normal procedure if you are appealing is to write your reasons as to why the PCN should be cancelled. They then make a decision. If your wife wrote asking for information, that's hardly likely to win an "appeal".

 

Is there a reason why you might not have received all the official notices from the council? eg, do you know if they were writing to the correct address?

[cool4ny]

Thanks for your reply.......there is no reason not to receive the offical notes. We have the same address for 7years. Even if we lost the appeal, can they send bailifs without due process?

[sequenci]

Hello there.

 

There is a very defined process to challenging parking tickets, you can read more about it here:

 

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=33_parking_penalties_in_the_county_court

 

best wishes,

 

Seq.

[Jamberson]

No they cannot send bailiffs out without first issuing several documents. These are usually posted out to the name and address of the registered keeper.

 

First step would be to call the council and ask them to confirm the address they were writing to. They should have sent at least:

 

- Reply to the appeal

- Notice to Owner

- Charge Certificate

- Order for Recovery

 

Can you find out if all this was sent, and if they sent it to the right place?

[cool4ny]

We have the Notice to Owner but no charge certificate or order of recovery.

[Jamberson]

Can you find out if they sent the documents listed above, and if they went to the correct address?

 

If they did, your case is not very strong. If they did not, it is much easier. It would be good to know before your go any further.