Haringey/PCN/Equita

rickthrn

Hi, I hope someone will be able to give me some urgent advice, however Im a bit unclear about the dates/times as I have recently moved and cannot find previous paperwork.

Up until Nov 2007 I worked for Haringey Council, and picked up a number of Parking tickets throughout my 4 years doung home visits etc, many I left until the bailiffs clamped my car and I have paid £100's of pounds in fees.

Around mid 2008 I received a letter from Haringey Parking stating that they have incresed the charge to £80 (I think) as I had failed to pay a PCN I was pretty sure that I had no outstanding tickets and when I checked the date of the alledged offence it was approx 12 months before the letter had been sent to me. Now from my experience of Councils and Parking tickets I know that they do not wait a year to write to you and increase the fee, so I wrote back to them challanging the ticket, explained that I had not received a ticket on my car and the PCN was actually dated a year ago, please could they send me evidence that they had issues the ticket and wrote letters to inform me that they were increasing the charges etc etc.
I did not receive a response and thought that they had not bothered/assigned it to the bin/realised their mistake etc etc.

Wrong, they passed the ticket to Equita who have wrote to me about 6 times in 2 weeks, threatening removal of my goods, fine is now at £182.73
They applied for a Warrant of Exection at TEC at Northampton CC.
I called them today and they said that they would continue to remove goods for their payment.
I guess my disagreement is with Haringey, and the Equita wolves will continue to call at the door until they are called off!!
Can anyone help me with advice or a template etc

Neil_B

Have you had a Charge Certificate (from previous amount you mention - would be £120) and an 'Order for recovery' (£125)?

Your vague reference to 'letter' is not helpful. What have you actually received - and best show it.

won't be long before baliff total gets towards £400 ish +

If you can explain exactly what you have then you can probably make an out of Time Statutory Declaration.

rickthrn

Just a quick update as Iv spent the evening searching for letters etc and Iv found the Charge certificate letter from Haringey which states that the PCN was issued in May 07 and their Charge certificate was sent to me in August 07. The amount due was indeed £120

I didnt hear anymore until they wrote to me in August/Sept 2008, stating that I had an unpaid PCN which I challanged as I really didnt remember that I had an outstanding ticket, and asked them to provide evidence. No response and passed to Equita.

Unless there is a timelimit for action to be taken by the council I guess Im stuffed and will have to liaise with the wolves of Equita

Neil_B

why do you keep being so negative when we are only at fact finding stage? - and how on Earth do you propose to 'liaise' with Equita, LOL ?

You should have received an Order for Recovery as I said. phone Northampton TEC immediately and explain. They will give you the correct forms to make an Out of Time Stat Dec - as I said and as I note you have been told elsewhere.

Your grounds are, from what you say in your first post - no response was received to your representations made against the Notice to Owner.

This 'can' set the matter back to NtO stage and you appeal again, etc.
Then yes - time limits. Relevant case for the apparent delay in issuing the NtO is PATAS key case Davis v Kensington. You use that later.

One problem - an OOT SD can be opposed but that can be resolved by paying £75 for a District Judge to hear the matter. (refundable if successful)

Best definitive expert on these matters is 'Bailiffadviceonline'.