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    • hi all, i will list my curmcumstance first then list the details of the penalty charge - we are 2 diabled people being affected by the cost of living crisis and are skint etc. i am disabled with mobility issues(arthritis in knees and ankles and gout) and cant operate car pedals anymore so i let a friend up the road use my car in exchange for her driving me about. its a good arrangement as i get a 'chauffer' and she gets the use of car. the car is parked in her drive which is better as i was refused a disabled space (even on appeal) and too much congestion to park the car outside my house. my friend is vulnerable as she has suffered depression and suicidal thoughts since the loss of her mother a few years back, she is dyslexic, she is a carer for one of her sons that is disabled due to mental illness and mobility. she lives in a council house and cannot work. we went to iceland ..attracted by the 10items for £10 offer - we've never been there before. a large artic lorry was parked accross the car park blocking the view of one of the parking signs and blocking the disabled bays where the pay&display machine is. by the time she helped me out of the car and then went to see if it was pay&display then came back to me at the car she said she thinks it was pay even for disabled, so we looked for change in the car which we didnt have (she normally goes asda which dont need to pay for parking)so then we said we'd either go get change or go to asda...so then by the time it took her to help me back in and get out the car park took 15 minutes...5 minutes overstay past the 10minutes grace. the letter from excel parking came through and i sent it back giving her name as driver (before i saw on here that you shouldnt name the driver) then i appealed explaining what happened (lorry blocking etc) and even said we were being descriminated (advised by citizen advice)as we are disabled and 15minutes is not long enough for a crippled disabled man and a woman with dyslexia to read and understandd the sign and get out, then back in the car and look for change then get out the car park in 15minutes. i even explained she was a vulnerable person on anti-depressants and even sent a photo of medication and said if you need a doctors note then let me know....the appeal was rejected. i've emailed iceland over 50 times and they just wont tell excel to cancel this charge - they are ignorant and ive even asked them why they have a webpage saying 'iceland combatting the cost of living crisis' pretending to help their customers and they wont comment...they'd rather put more stress and anxiety on an already suicidal vulnerable person just to get money out of them..so their 'help' during this crisis is a lie as it wont even extend to disabled customers. she has now received 2 letters from DCBL saying she owes £170 for 5minutes of overstay. the last one is a final demand. as she cant read or write very well ive sent a recorded letter to DCBL (as advised by citizen advice) asking not to attend the property due to a vulnerable woman inside the property as it will only exasperate the situation, they have ignored it and basically said we dont care, you still owe. could anyone please advise - we are not very good with letters or these situations and are slow on the uptake.   1 The date of infringement? 28th dec 2023   2 Have you yet appealed to the parking company yet? [Y/N?] yes   If you have then please post up whatever you sent and how you sent it and the date you sent it, suitably redacted. [as a PDF- follow the upload guide]cant do that - will have to get my son to do it when he visits   Has there been a response? yes   Please AS A PDF FILE  ONLY ..post it up as well, suitably redacted. - follow the upload guide]cant do that - will have to get my son to do it when he visits   If you haven't appealed yet - .........DONT ! seek advice on your topic first.   Have you received a Notice To Keeper? (NTK) [must be received by you between 29-56 days] yes   What date is on it? 15th january 2024   Did the NTK provide photographic evidence? yes   [scan up BOTHSIDES to ONE PDF of the PCN and your NTK - follow the upload guide] please LEAVE IN LOCATION AND ALL DATES/TIMES/£'scant do that - will have to get my son to do it when he visits   3 Did the NTK mention Schedule 4 of the Protection of Freedoms Act 2012 (PoFA) [Y/N?] not on the front - maybe on the back but cannot find the letter now   4 If you appealed after receiving the NTK, did the parking company give you any information regarding the further appeals process? [it is well known that parking companies will reject any appeal whatever the circumstances] yes   5 Who is the parking company? excel   6. Where exactly [Carpark name and town] did you park? gravesend in iceland    
    • Hi Dave, I had no updates on this PCN since my last post in July 2019.  I received no further communications from the parking company.  I changed my address in May 2022. Thanks, I will send a letter to Excel parking to inform about the change in the address. 
    • I have a BMW Advanced Car Eye 3 Pro - I think it's 50/50  In any case, none of the documents / photos sent in the SAR showed a ticket on the car. 
    • I've seen on your other thread that you say you moved in 2022. It is essential you tell the parking company about your new address. Every couple of months or so we get someone here who moves, doesn't tell the other party they're in dispute with, court papers turn up at the old address, the Cagger doesn't know anything about this and doesn't defend, they lose by default - and end up with a backdoor CCJ. So get a quick letter off to Excel - Dear Simple Simon, Re: PCN no.XXXXX will you please note that I no longer live at XXXXX and that my new address is XXXXX. Yours, XXXXX Invest in a 2nd class stamp and get a free Certificate of Posting from the post office.
    • Yeah thanks guys - I'm just going to ignore them now.  Can't be ar$ed digging around in the loft!  Can I still send them a notice not to send people to our door?   I know we did 10 years ago but not sure if that's still a "thing"!
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Attachment of earnings and order on property.


Ambulanceman
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Hello,

 

I am desperate to find some help with an issue that started by a car I had on a personal lease being stolen. The Insurance company refused to pay and then RCI FINANCIAL l in conjunction with MATTHEW, ARNOLD AND BALDWYN SOLICITORS somehow managed to get a CCJ against me. The next I heard was that I had to go to court for them to make an order on our property for £1700 which they claim that I owed. This was made up of repossession charges (Car found by police) and also storage charges plus the outstanding payments up to the end of the lease.

 

I attended court and was told I could have applied to have this set aside - I would have tried this had I known because the solicitor never wrote to me until I had to attend the court for the property order. I write a letter explaining I was on a Debt management programme and had been for some years but the court just treated me as a formality and granted the order on my property which is also owned by my wife. This happened in MAY 2012 and charges of £250 were added to the debt.

 

I was told by the solicitor in court that as long as RCI know they have the order on our property they will not pursue this matter or can they force us to sell our home. We have 4 children under the age of 11 so we need to protect them but this is a real struggle - we barely manage to feed them and ourselves and often do not heat the house as we cannot afford both.

 

We think we had been mislead by the solicitor in as much as they have the property order they will get their money if and when we sell the house, this is because we showed them we could not afford to pay anything.

 

Now I have received an attachment of earnings order which to me seems sheer bloody spiteful and all I know what I can do is ask here for some advise and to also make the debt management plan CCCS aware.

They have also added another £100 to the debt.

 

If they are allowed to take money from my wages our home and and the other debts will not be possible to pay and I will be out of a job and we will be homeless.. I just feel so desperate that I am prepared to tell them to send me to prison and the solicitor has again not written to us and proceeded straight to another court action.

 

I would be ever so grateful for any advice please.

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Hi welcome to CAG lets get on worry out of the way first debt is NOT a criminal offence!!

 

If you believe that the AoE is going to cause you hardship then you must apply to the court for a review.

 

Joint ownership of the property will make it very difficult to obtain an order for sale and for an original debt o£1700.00 I would seriously doubt the court would make any such order.

 

Write to cccs and explain what has happened, a court order does take precedence over unsecure debts.

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Thank you Brigadier, I am worried both about the financial hardship and if my employer finds out then I could suffer under a present workforce review and be made redundant. I will write to CCCS and try to find out if I can suspend the AoE whilst I can add this debt to my existing Debt management plan. I am also quite disturbed that the solicitor at court when we attended said we had nothing to worry about and we would not be forced to sell and the creditor would not take any further action as they would in light of us having no disposable income only have to pay the money when the house was sold. We believe we have been misled on this.

 

How can I apply to the court for a review ? and would I apply for a review if I ask for the AoE to be suspended whilst the debt is added to my present Debt management plan.?

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Your employer should not disciminate in any way because of the AoE,.

 

It certainly appears you have been misled, a Charging order is usually looked upon as security for the debt whilst paying it off I think the AoE is unfair here, yo must ensure that you get the amendment to the amount your employer has been ordered to pay, the employer cannot refuse to act upon the order.

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The Court will not order you to pay any more than you can reasonably afford to pay and if that is only £1 a month so be it.

 

Do an income and expenditure calculation to see what you can reasonably afford to pay cccs would be able to help you with this.

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Thanks again - I can now see beyond the impending doom. I will work on the income and expenditure calculation today. I am confident that when the court does see we have barely enough to live on that it will accept we are trying to do our best.

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Will keep this thread updated in case it is helps someone else.

 

Please don't hesitate to come back if you need further help!!

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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I have worked on getting the income and expenditure calculation together and written an Email to CCCS explaining the position. I guess I will hear from them tomorrow in which case I will update this thread.

 

Many thanks Brigadier.

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I have worked on getting the income and expenditure calculation together and written an Email to CCCS explaining the position.

I would be inclined to avoid emails as these things can vanish into the ether. Proving what was or wasn't sent is then a nightmare. It's best to do anything legal in writing. If it really matters, Recorded Delivery, otherwise Proof of Posting.

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  • 2 months later...

Just received a copy of the attachment of earnings which has been sent to my employer instructing them they must deduct £140 per month from my salary. This will mean we cannot afford to keep up with the DMP we have with CCCS whos statement I gave in to the court along with a budget which shows we do not have £140 dispsoible income.

 

I got the paper work in on time wrote a letter explaining the situation and gave them details of our creditors. I asked them to suspend the attachments and that I would pay £10 per month. Now I cannot even afford to get to work !!

 

These people just ruin lives ... Dartford County court are just evil and I say that and mean it. How can I stop this ?

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Hi I have alerted the team to get some help for you.

This does seem harsh, and does not take into consideration the other committments/debts you are trying to pay off.

Maybe a letter to the court asking that the other commitments are properly considered and the anount is revised.

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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56 TOTAL EXPENSES 1860

57 TOTAL INCOME 1970

58 SURPLUS/(DEFICIT) 110

 

I offered to pay £10 per month and asked for suspension of the order - I told them I work for the finance department and was due for promotion on may when my boss retires.

Does anyone know if I need a form to ask the court to change the order - I can give them the budget which I made with a debt charity showing I have just £110 are mortgage payments work travel and basic living costs. ?

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I would have also thought that the court should have sent me advice on how to appeal the AoE order ??

 

Yes I believe there should be notes on getting this reviewed.

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What if you disagree with the Attachment of Earnings Order made?

 

There could be a number of reasons why you disagree with the Attachment of Earnings Order, for example you may feel the monthly instalments have been set too high, or you may have requested for it to be suspended (in this case you may need to supply the courts with more information as to why you need it suspending). Either way you have 14 days to let them know you disagree, once it has been put in place (your creditor may also not agree with the order, if so the 14 days rule also applies to them). You must then write to them to advise why you disagree, and ensure to keep a copy of the letter for yourself. You will then be invited to a hearing to state your case; make sure you have all the requested documents with you.

 

Changing the details of the Attachment of Earnings Order at a later date

 

If in the future you need to make changes to the Attachment of Earnings Order, you can do so by applying to the courts with a N244 form. You must state why you cannot afford the deductions set by the court, and provide them with full details. You can also use this form if you’re working circumstances have changed. Please note; there is a fee of £80 that will be charged for this application, however if may be wavered if you receive benefits.

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Thanks for posting the information above andyorch - I am going to write a letter tonight but will they listen to us ? I doubt it as they had a budget and a statement from CCCS all up to date and showing we are paying our debts and have done so for 3 years.

They can also see from our budget that we have just £110 for 2 adults and four children after we pay our living costs... they did not suspend or inform me why they just sent a copy of the AoE and will take £140.

 

This will destroy this family and that is not a joke!!

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They seem to have taken a totally wrong attitude to what amounts to disposable income, they cannot demand that you pay more than you can reasonably afford without causing undue hardship, which quite clearly is the case here.Make sure you mention that you will not be able to pay debts already on dmp if this does not change.

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I don't envisage a problem...your creditors should be all treated the same....let us know what transpires.

 

Regards

 

Andy

We could do with some help from you.

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I don't envisage a problem...your creditors should be all treated the same....let us know what transpires.

 

Regards

 

Andy

 

This one obtained a CCJ as I never received the court papers, then got a charging order against the house 6 months ago and now without informing they intended to do so have obtained the AoE. The Court officer would have had the statements and the budget along with the N56 when they considered the request to suspend and the offer of paying £10 per month and add to DMP.

 

I will have the letter posted tomorrow with proof of posting/recorded delivery.

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