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    • Thank you for posting up the results from the sar. The PCN is not compliant with the Protection of Freedoms Act 2012 Schedule 4. Under Section 9 [2][a] they are supposed to specify the parking time. the photographs show your car in motion both entering and leaving the car park thus not parking. If you have to do a Witness Statement later should they finally take you to Court you will have to continue to state that even though you stayed there for several hours in a small car park and the difference between the ANPR times and the actual parking period may only be a matter of a few minutes  nevertheless the CEL have failed to comply with the Act by failing to specify the parking period. However it looks as if your appeal revealed you were the driver the deficient PCN will not help you as the driver. I suspect that it may have been an appeal from the pub that meant that CEL offered you partly a way out  by allowing you to claim you had made an error in registering your vehicle reg. number . This enabled them to reduce the charge to £20 despite them acknowledging that you hadn't registered at all. We have not seen the signs in the car park yet so we do not what is said on them and all the signs say the same thing. It would be unusual for a pub to have  a Permit Holders Only sign which may discourage casual motorists from stopping there. But if that is the sign then as it prohibits any one who doesn't have a permit, then it cannot form a contract with motorists though it may depend on how the signs are worded.
    • Defence and Counterclaim Claim number XXX Claimant Civil Enforcement Limited Defendant XXXXXXXXXXXXX   How much of the claim do you dispute? I dispute the full amount claimed as shown on the claim form.   Do you dispute this claim because you have already paid it? No, for other reasons.   Defence 1. The Defendant is the recorded keeper of XXXXXXX  2. It is denied that the Defendant entered into a contract with the Claimant. 3. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. 4. In any case it is denied that the Defendant broke the terms of a contract with the Claimant. 5. The Claimant is attempting double recovery by adding an additional sum not included in the original offer. 6. In a further abuse of the legal process the Claimant is claiming £50 legal representative's costs, even though they have no legal representative. 7. The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all. Signed I am the Defendant - I believe that the facts stated in this form are true XXXXXXXXXXX 01/05/2024   Defendant's date of birth XXXXXXXXXX   Address to which notices about this claim can be sent to you  
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advice re overpayment at work issue


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Hi folks, this is what the letter says.

 

"I left employment at firm X on 4th June 2008 and received final salary in 27th June 2008. You were overpaid due to taking 13 days annual leave that you had not accrued and 2.5 days sick leave that we were unable to deduct from your final salary. This means that you owe X £1,031.03 after deduction of tax and NI."

 

Now, they are threatning legal action against me in form of CCJ.

 

I was wondering if i make them a payment offer of £20 p/m. Would this be something they have to accept? I can say that given my finances, this is all i can afford to pay?

 

Second, i don't understand the 2.5 sick day concept as this firm didn't pay you sick pay and so i don't understand how they can claim that?

 

What are my options

 

Advice much appreciated in this circumstances

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Well the sick pay means that they are claiming that you had 2.5 days sick and that they erroneosly paid you for this time. If you had no contrcatual sick pay scheme then 2.5 days would not qualify for SSP they are essentially saying this is an overpayment.

 

If you weren't sick for 2.5 days then you do not owe this.

 

As for the civil litigation to recover the rest you may want the advice of an expert in litigation. What I can say is that an employer is entitled to attempt to reclaim overpaymemts of salary, subject to the defence of estoppel.

 

That £1000 ish = small claims track so your employer won't get their legal fees back beyond court costs and fixed sol's costs at £80. If they have an in house legal dep't they may pursue it, if they have to employ a solicitor they may not.

Edited by elche286
typo!

...................................................................... [FONT=Comic Sans MS]Please post on a thread before sending a PM. My opinion's are not expressed as agent or representative of The Consumer Action Group. Always seek professional advice from a qualified legal adviser before acting. If I have helped you please feel free to click on the black star.[/FONT] [FONT=Comic Sans MS] I am sorry that work means I don't get into the Employment Forum as often as I would like these days, but nonetheless I'll try to pop in when I can.[/FONT] [FONT=Arial Black][FONT=Comic Sans MS][COLOR=Red]'Venceremos' :wink:[/COLOR][/FONT][/FONT]

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I want to dispute the amount as im not sure how they have calculated this?

 

Also, I'm more than happy to pay what is rightfully owed. However, I will pay in installments as i cannot pay the amount in full as i am not working.

 

They are a debt collection firm so they do have a in house litigation team.

 

However, i could respond with an offer of 100p/m and say that i am working part time and this is the best i could pay.

 

If they reject this, i can do full I&E and prove in court this is more than reasonable.

 

If they decide to take it to court, who would the court favour?

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I would write to them along the following lines:

 

 

Sir:

 

Thank you for your letter of {date}. I understand you contend that you have erroneously overpaid me in respect of my employment which ended on 4th June 2008. I understand that you contend I have been overpaid in the sum of £1031.13 after deduction of tax and national insurance.

 

Please furnish me with full details of how you have calculated the overpayment that you allege. Until such time as you have done so I regret that I am unable to enter in to further discussion on this matter.

 

Yours sincerely,

 

 

Do you have a copy of your written statement of employment particulars, and all of your payslips from this employment?

If I've been helpful, please add to my rep. :)

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I've just checked with my bank and the last wage went in May NOT JUNE.

 

Therefore, they are mistaken.

 

The only thing i owe them is probably 13 days Annual Leave, but that amounts to approx £70 a day if that and the amount they have is totally incorrect.

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I know someone who is in similar situation.

 

They left company and they were paid what they thought was their final wages and commission. the company have now written to him advising that they have paid him in error. Does he have to pay this back?

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