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    • Excellent news! Thread title updated. Please do consider a donation in light of the help received here. The help we give is free, but try telling that to our server hosts!
    • Hello dx100uk, After months of waiting for a response I finally got a reply and I must say it was the worst 4 months of my life the - fear of the unknown. So, they wrote back and said I was in the wrong BUT on this occasion they  would not take action but keep me on file for the next 12 months. It. was the biggest relief of my life a massive weight lifted -  I would like to thank you and the team for all your support
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    • Hi all, I am wandering if this is appealable. It has already been through a challenge on the Islington website and the it was rejected. Basically there was a suspended bay sign on a post on Gee st which was obscured by a Pizza van. The suspension was for 3 bays outside 47 Gee st. I parked outside/between 47 & 55 Gee st. I paid via the phone system using a sign a few meters away from my car. When I got back to the car there was a PCN stuck to the windscreen which I had to dry out before I could read it due to rain getting into the plastic sticky holder.  I then appealed using the Islington website which was then rejected the next day. I have attached a pdf of images that I took and also which the parking officer took. There are two spaces in front of the van, one of which had a generator on it the other was a disabled space. I would count those as 3 bays? In the first image circled in red is the parking sign I read. In the 2nd image is the suspension notice obscured by the van. I would have had to stand in the middle of the road to read this, in fact that's where I was standing when I took the photo. I have pasted the appeal and rejection below. Many thanks for looking. ----------------------------------------------------------------------- This is my appeal statement: As you can see from the image attached (image 1) I actually paid £18.50 to park my car in Gee st. I parked the car at what I thought was outside 55 Gee st as seen in image 2 attached. When I read the PCN issued it stated there was a parking suspension. There was no suspension notice on the sign that I used to call the payment service outside number 55 Gee st. I looked for a suspension notice and eventually found one which was obscured by a large van and generator parked outside 47 Gee st. As seen in images 3 and 4 attached. I am guessing the parking suspension was to allow the Van to park and sell Pizza during the Clerkenwell design week. I was not obstructing the use or parking of the van, in fact the van was obstructing the suspension notice which meant I could not read or see it without prior knowledge it was there. I would have had to stand in the road to see it endangering myself as I had to to take images to illustrate the hidden notice. As there was no intention to avoid a parking charge and the fact the sign was not easily visible I would hope this challenge can be accepted. Many thanks.   This is the text from the rejection: Thank you for contacting us about the above Penalty Charge Notice (PCN). The PCN was issued because the vehicle was parked in a suspended bay or space. I note from your correspondence that there was no suspension notice on the sign that you used to call the payment serve outside number 55 Gee Street. I acknowledge your comments, however, your vehicle was parked in a bay which had been suspended. The regulations require the suspension warning to be clearly visible. It is a large bright yellow sign and is erected by the parking bay on the nearest parking plate to the area that is to be suspended. Parking is then not permitted in the bay for any reason or period of time, however brief. The signs relating to this suspension were sited in accordance with the regulations. Upon reviewing the Civil Enforcement Officer's (CEO's) images and notes, I am satisfied that sufficient signage was in place and that it meets statutory requirements. Whilst I note that the signage may have been obstructed by a large van and generator at the time, please note, it is the responsibility of the motorist to locate and check the time plate each time they park. This will ensure that any changes to the status of the bay are noted. I acknowledge that your vehicle possessed a RingGo session at the time, however, this does not authorize parking within a suspended bay. Suspension restrictions are established to facilitate specific activities like filming or construction, therefore, we anticipate the vehicle owner to relocate the vehicle from the suspended area until the specified date and time when the suspension concludes. Leaving a vehicle unattended for any period of time within a suspended bay, effectively renders the vehicle parked in contravention and a Civil Enforcement Officer (CEO) may issue a PCN. Finally, the vehicle was left parked approximately 5 metres away from the closest time plate notice. It is the responsibility of the driver to ensure they park in a suitable parking place and check all signs and road markings prior to leaving their vehicle parked in contravention. It remains the driver's responsibility to ensure that the vehicle is parked legally at all times. With that being said, I would have to inform you, your appeal has been rejected at this stage. Please see the below images as taken by the CEO whilst issuing the PCN: You should now choose one of the following options: Pay the penalty charge. We will accept the discounted amount of £65.00 in settlement of this matter, provided it is received by 10 June 2024. After that date, the full penalty charge of £130.00 will be payable. Or Wait for a Notice to Owner (NtO) to be issued to the registered keeper of the vehicle, who is legally responsible for paying the penalty charge. Any further correspondence received prior to the NtO being issued may not be responded to. The NtO gives the recipient the right to make formal representations against the penalty charge. If we reject those representations, there will be the right of appeal to the Environment and Traffic Adjudicator.   Gee st pdf.pdf
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CL Finance court claim


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Back again. :(

 

I had a debt with HSBC which I made an arrangement to pay off at £10 a month. Unsurprisingly they sold it on, and it ended up with CL Finance. They had to honour the agreement which I had adhered to, and sent me new account details for payment, to which I amended the standing order accordingly. This was in February of 2009.

 

All went well until March 2010 when I got a letter, stating that I had not maintained payments and that I must pay £10 within 10 days of the date on the letter, and maintain payments thereafter for the agreement to continue.

 

I checked my account and payments had been made as agreed every month, so I ignored it.

 

Then, got a looong letter from their solicitors Cohen & Co, (dated 25th March) saying I had not been honouring payment so they were going to take legal action. It did not specify what the supposed breach was or in what way I had not honoured the agreement.

 

This was followed by a Default Notice, dated 6th April, which came from CL Finance themselves. This stated that the letter of 25th March had incurred an admin charge of £5 and that I was now in default of that £5. It didn't say anything about being in breach of payment on the agreement, any remedy, or dates by which...etc etc.

 

I again checked my account and it showed that payments had been going out as agreed every month. I wrote back and pointed this out, and sent them print-offs of both the standing order details and the record of payments made on it. Heard nothing in reply (this was sent 3 weeks ago).

 

Today I have a court claim from them, without any reply to my letter or chance to resolve the issue!

 

I have been to my branch and had them look in depth at the payments. They confirmed that the payments have been going out without fail, BUT, the payments have been returned for some reason. I had no idea this was happening but it was not due to any fault on my part. The money was there, the standing order was as originally set up, and many payments had been made on it previously.

 

It seems that, for some reason at their end of things, from December onwards, they have not been accepting my monthly payment and have been returning it to my bank. As nothing has been changed at my end, it must be to do with them. I will write to them and point this out. In the meantime I need to think about a defence.

 

I think I also need to re-send them the "missed" payments (totalling £80! :() so that removes one of the sticks they are trying to beat me with.

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They've closed the account that the money has been paid into, thy should have sent you details of the new account, I had this done to me and i thnk it may have been CL finance. You need to ask them why they changed the account number for the account you where paying it into.

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Having re-read above, am I mis understanding or are you saying that each payment went out, and was then returned to your account, if so I believe a Judge may ask why over a period of months you did not notice this?

 

Not trying to be picky or unhelpful, but you will need to cover that point if it goes to Court.

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Makes no odds whether the OP noticed or not, the payments were made to the account details given, that had until that point worked.

 

If ClueLess cant manage their own in house admin that is their look out and to take the OP to court for their ineptitude stinks.

 

Acknowledge the claim and put down you intend to defend all their claims, also send them a cpr and put down you want to know why they were refusing your payments, you will soon see the morons squirm

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OK, there's a job then. Will get that off this weekend. In meantime I'll get my acknowledgement in.

 

One thing though, would it be to my advantage to bring the payments up to date? (assuming I can get their real account details)

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OK. Acknowledged service on MCOL, and also notified intent to contest jurisdiction, as I have not been served a DN in the prescribed form (worst I've ever seen!) and the alleged DN doesn't even pertain to the alleged breach! :-x

 

Also written similar letters to both HC and CL.

 

I'll copy and post the docs on here if it will be helpful?

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  • 1 month later...

I think I've had a fast one pulled on me! (or been stupid)

 

Other than acknowledgement of service, I didn't reply to the claim, and tried to sort it out with Howard Cohen, CL's colicitors. As I had been making payments and still was, even though they were being returned, I thought it would be easily sorted out.

 

I had a letter from Lewis Debt Recovery (CL alter-ego) dated 10th Sept, telling me that the claim was on hold for a further week and I had to send them details of the sort code and account number to which I'd been paying my £10 a month, giving the impression they were trying to sort it out. I had already sent this info twice, so sent them again, in a very terse letter, and expected them to sort it out.

 

I was obviously naive and their letter was just a delaying tactic as Judgment has been awarded for the full amount plus costs, by default! AAAGH!!

 

My fault for trying to sort it out without going to court because I knew I hadn't done anything wrong. I could kick myself (or worse)!

Is there anything I can do? I made payements to their account without fail, as per the original agreement (see earlier posts for details), so other than not submitting a defence, I have done NOTHING WRONG!

 

I think I can apply for judgment to be set aside, can't I? If so, does this cost me anything?

 

God, I feel such a fool now!

Next thing I expect is an interim charge on the house. :-(

Edited by Yog sothoth
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Incidentally, I acknowledged service on the same date the claim was issued (just checked on MCOL).

 

Doesn't the court have to set aside if I acknowledged service within the time limit, even if I did not submit a defence?

 

Also, does anyone know what the time limit is for submitting an application for set aside? If it's successful, can I claim costs against CL?

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According to this, you should be OK about getting a Set Aside, as you put in an acknowledgement. It seems to be saying that you must be granted one:

 

http://www.bdl.org.uk/images/12_how_to_set_aside_a_judgment_in_the_county_court.pdf

 

It will cost you £75 as far as I know, but you can get that back if you win, I think.

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So if I apply for set aside on the 18th (payday) that should be OK? On your link it suggests there's no time limit for application.

 

I did acknowledge service but failed to submit a defence, and as I adhered to my agreed payments throughout, The court should surely grant a set aside!

 

So would I be able to claim back my £75 from the court if I win the set aside, or would it come under costs?

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All the advice I've seen here on CAG is that you should apply for a Set Aside as soon as possible. There may not be a time limit in the sense that people sometimes don't find out about CCJs until years later, so they can still apply. But that's not the same as knowing about a CCJ and then sitting on your hands and doing nothing for a while. I really think you need to find the £75. Or you may be exempt - have a look at the EX160A PDF here:

 

http://www.hmcourts-service.gov.uk/HMCSCourtFinder/GetForm.do?court_forms_id=484

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  • 2 weeks later...

Righto, got the N244 form and am filling it out. There's been a delay because I didn't have £75 to pay the fee!

 

Could someone advise me on filling in the form?

 

In section 3: What order do I want and why, I've said the following:

 

I am requesting a set aside on the Default Judgment made on XXXXXX. My reasons are that I can comprehensively show that I, for my part, adhered strictly to the terms of the payment agreement between myself and the Claimant, and that any discrepancy leading to non-payment was entirely due to omission or error on their part. Aslo, that I endeavoured for several months prior to the judgment being awarded, to rectify the problem with the Claimant, to no avail (the problem being 'at their end' so to speak). Further, that at no point did I receive a formal Default Notice, containing the prescribed terms, which is a statutory requirement prior to court action, and that the Claimant took advantage of my inexperience in these matters to gain a judgement in their favour. All of this is supported by documentation including letters between myself and the Claimant, and statements from my bank, showing clearly that payments were made, as required, each and every month, to the account details provided me by the Claimant.

 

Is that OK?

 

I've left section 4 blank.

 

In section 5 I've asked for a hearing, but left the time estimate blank.

 

No idea of the level of judge s left that blank.

 

In section 9, named the Claimant to be served with the application.

 

In section 10, I have listed all the documentary evidence I intend to use.

 

And that's it?

 

The only thing is, I believe I can get this transferred to my home court (Sheffield). How do I do that? Do I send this form to the Northampton Court, or to Sheffield? It's not very clear.

 

lastly, if I do get a set aside, would I be able to claim costs, including my fee?

Edited by Yog sothoth
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Talk about timing! After posting the above post this afternoon, I got home to find a leter from Howard Cohen Solicitors, for CL Finance, confirming that thet have not received a payment from me since December (a lie: they received it and returned it), and that I should continue to pay £10 a month, but bring the arrears up to date! That's all I wanted anyway! They didn't need to pursue me through the court for that!

They've included (new) account details for payment. If they'd given me that 2 months ago all this mess would have been avoided.

 

I'm still going for set aside because not only has their under-handedness resulted in me getting a CCJ against me, it's cost me £325 in costs and fees, PLUS the £75 the set aside application will cost me!

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