Baillifs for a penalty charge

718

Hi
I am just needing to ask a quick question in relation to my situation which is as follows :
[FONT=&quot]I made contact with Equita upon receiving my TE3 letter, and paid the full amount due of £112 for a penalty charge ( parking fine) , over the phone, with my debit card. The payment was made on the 5/08/2014, and is documented on my bank statement. I was informed at that time that there would be an additional fee, not relating to the initial penalty, of £75. I agreed to pay that fee, but I was unable to pay it at that time. As such, an arrangement was made with them for the £75 fee to be taken from my account on my next pay date. I was assured that no further action would be taken, and since that date I have had no correspondence, or communication notifying me that there were any outstanding charges or their had been a problem with the payment. The TE7 and 9 were not submitted, as I had paid the penalty charge, and was unaware of any further issues. I then received a visit from a bailiff at 6.30 in the morning as I was getting ready for work, stating that the penalty charge had never been paid, and my vehicle would be removed from my driveway if I couldn’t pay it immediately. I was then informed that the total amount to pay would be £310. When I informed him I did not have that amount of cash to hand in my house, the bailiff was even reluctant to escort me to the cash machine to withdraw the money from the ATM at the bottom of the road, and had to be begged to do so. I have paid this amount partly with cash and partly via my card, with the bailiff. In addition, and due to the major distress this caused me, I had to take the day off work to make funding arrangements, as all my funds were taken from my bank account, leaving it impossible for me to go. I am an upstanding member of society, with no criminal record, my own home, a full time responsible job, and no debt to my name. Had I had any idea that there was still an amount of any kind still outstanding, and received notice of it, I would have dealt with it promptly[/FONT]. I have spoken to the council who have no record of any payment being made and I have submitted a TE7 and 9 asking for the money back...What are my chances of getting this uneccessary fee back ??

Herbie21

718 wrote: »

Hi
I am just needing to ask a quick question in relation to my situation which is as follows :

[FONT=&quot]I made contact with Equita upon receiving my TE3 letter, and paid the full amount due of £112 for a penalty charge ( parking fine) , over the phone, with my debit card. The payment was made on the 5/08/2014, and is documented on my bank statement. I was informed at that time that there would be an additional fee, not relating to the initial penalty, of £75. I agreed to pay that fee, but I was unable to pay it at that time. As such, an arrangement was made with them for the £75 fee to be taken from my account on my next pay date. I was assured that no further action would be taken, and since that date I have had no correspondence, or communication notifying me that there were any outstanding charges or their had been a problem with the payment.

The TE7 and 9 were not submitted, as I had paid the penalty charge, and was unaware of any further issues. I then received a visit from a bailiff at 6.30 in the morning as I was getting ready for work, stating that the penalty charge had never been paid, and my vehicle would be removed from my driveway if I couldn’t pay it immediately.

I was then informed that the total amount to pay would be £310. When I informed him I did not have that amount of cash to hand in my house, the bailiff was even reluctant to escort me to the cash machine to withdraw the money from the ATM at the bottom of the road, and had to be begged to do so. I have paid this amount partly with cash and partly via my card, with the bailiff. In addition, and due to the major distress this caused me, I had to take the day off work to make funding arrangements, as all my funds were taken from my bank account, leaving it impossible for me to go.

I am an upstanding member of society, with no criminal record, my own home, a full time responsible job, and no debt to my name. Had I had any idea that there was still an amount of any kind still outstanding, and received notice of it, I would have dealt with it promptly[/FONT].

I have spoken to the council who have no record of any payment being made and I have submitted a TE7 and 9 asking for the money back...What are my chances of getting this uneccessary fee back ??

I hope that you do not mind but I have put come paragraphs into your question so as to make it easier to read.

I am pretty much confused by a few parts of your query.

First, you say that on receiving the TE3 you then called EQUITA LTD on 5th August and paid the amount only of the PCN of £112. The TE3 is the Order for Recovery and this is the last statutory notice that you would receive from the local authority to advise you that as you had failed to make payment any sooner (on receipt of either the Notice to Owner or Charge Certificate) that the debt had been registered at TEC. I am therefore at a loss to understand why you would have made payment to EQUITA when you should have made payment to the LOCAL AUTHORITY.

Equita Ltd would only have been instructed if you failed to pay the debt by the date outlined on the Order for Recovery. A warrant would then have been issued and the debt then passed to Equita Ltd.

The first notice that you should have received from Equita should have been the Notice of Enforcement and this should have included a statutory Compliance Fee of £75.

What was the reason for paying Equita when you received the Order for Recovery?

Did you receive the Notice of Enforcement from Equita and if so, what date was it dated and what date did it show for payment to be made by?