Equita chasing an unpaid parking ticket, after car was sold

samsepi0l

So, I am in the middle of fighting a case against Britannia.
Now Equita are chasing me, for an unpaid ticket from Southampton Council. I sold my car, and the new owner had 2 tickets iirc, a parking ticket and a bus lane ticket. I already told the council that it was sold, and I heard nothing back. For whatever reason, it took ages for the DVLA to process the V5 and I received the tickets to my address at the time.

Now suddenly I have two letters from them, one sent on 13/01/2021, and one on 17/02/2021. They want £235 for the enforcement stage, and £110 for the sale/disposal

What is my best course of action in this scenario? I understand they may ask for proof of sale, I have absolutely none as the car has been gone for around 2 years now, I only owned it for a few months 

Umkomaas

As we major on private parking tickets here, PePiPoo will be your best bet for council tickets. Register there but please note that a hotmail address won't work - try using a throwaway gmail account instead if you do have trouble registering and post a new thread; here's your link:

http://forums.pepipoo.com/index.php?act=SF&s=&f=30

Have a read through some of the other threads there before you post your own to get the hang of what information they need from you in your opening post - but as a minimum you will need to post redacted photos/scans of all correspondence you've received from the council (both sides, if appropriate) as they need to see all the small print.

You may also be in need of different specialist advice if bailiffs become involved:

You will be best served in dealing with bailiffs/enforcement agents by making contact with 'Bailiff Advice Online'. Sheila, who provides this service, has an extremely good reputation for assisting people with bailiff issues. 

Calls and the email enquiry service are free.

Here's your link:

http://bailiffadviceonline.co.uk

Sheila also posts on MSE as 'Herbie21'

KeithP

As well as Umkomaas's advice, you would be wise to get details from the DVLA of exactly when you notified them of the sale.

Cue @Umkomaas to tell you how to do that. 

Umkomaas

KeithP said:

As well as Umkomaas's advice, you would be wise to get details from the DVLA of exactly when you notified them of the sale.

Cue @Umkomaas to tell you how to do that. 

Here we go, just 4 minutes later.....

You should email the DVLA and ask which organisations (when and for what reason) accessed the registered keeper's data from them between a range of dates which includes the date(s) of the parking incident(s). You need to provide the registered keeper's full name and address, the address on the V5C logbook and the Vehicle Registration Mark of the vehicle involved in the parking incident. 

SubjectAccess.Requests@dvla.gov.uk

This service is free of charge. 

Even though you email your request, the DVLA will respond via Royal Mail.

Service with a smile 😀 

samsepi0l

thanks for your advice, I'll try post there. So frustrating, I would just write to them and explain but these companies aren't exactly honest.

samsepi0l

Bit of an update.

Equita man visited today, and handed me a Removal Notice, stating they will be returning with their removal contractors one evening this week. It was simply signed "Mr L" with no further details, handed to me by a man that did not identify himself.

I am currently filling out a TE7 and TE9 to get this debt written off as I never received a notice of rejection, but this takes time.

Where do I currently stand? I believe that they are powerless and provided I do not open the door and invite them in, they cannot force entry as they are not bailiffs?
As I understand, The only documents that would permit them to enter would be a signed warranty by a judge?

samsepi0l

I should add unfortunately the door was opened, as I do not live alone, and the person who opened the door called for me and I came, so I technically 'identified myself'. At no point did the man attempt to gain entry nor enter the premises.

KeithP

@samsepi0l, why are you posting that information here?

Several weeks ago it was suggested to you that you progress your issue on Pepipoo.com.
Did you do that?

As has already been said, that is where to council ticket experts are.

Also re-read @Umkomaas' post about  'Bailiff Advice Online'.

Umkomaas

Did you follow the advice about:

1. Posting on PePiPoo?
2. Contacting Bailiffs on Line?
3. Contacting the DVLA about the sale notification date?

How did you get on?

nosferatu1001

TMA2004 makes the owner liable
You were not the owner, regardless of when the DVLA were notified, at the point of sale
You really have to get your !!!!!! in gear here. WHile they cannot force entry, they CAN remove your vehicle, so get it in a locked garage. Parking it 1 street away WILL. NOT. DO

samsepi0l

I thought I'd post an update for anyone else that has this issue as well, as there is little information online for this specific scenario. This forum is absolutely brilliant and I hope all in the future with a similar fault, know their rights thanks to it and its posts.

I no longer drive, so they can try take one of the many cars outside belonging to neighbours! I have posted on PePiPoo and reddit, and as advised on both I am going to fill out forms TE7 and TE9 which will write off this debt, as the council did not sent a Notice of Rejection, not two years ago, not now, nullifying this debt.

The so called bailiff cannot remove any of my property, enter my property and so on as they have no warrant to do so, and I am going to issue them with a removal of implied rights of access, once the TEC process those two forms I will no longer be liable for any debt incurred by the new owner, and if the bailiff does return, I will leave it up to the police to explain to them that they are trespassing.

Good luck to all who may find this relevant in the future, and thanks to all here.