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    • I have recently found myself in financial difficulties and with the help of forum members in another thread regarding this, I think I can get myself sorted. My query here is how to deal with a Cifas marker that has been logged against me by one of my creditors for "evasion of payment". Admittedly yes I did get a £5000 loan with them and have not paid any payment but at the start of the year, which is when the loan landed, I realised I was going to be struggling to repay that and other debts and I contacted MCB to ask if there was any way I could extend the loan from 24 months to 36 months. I explained my situation and that I was going with a DMP and asked them if they could help me with this. They did not reply. I then emailed them again a month later explaining that my DMP was going ahead and could they confirm that the direct debit was indeed cancelled. Again, they did not reply. The DMP fell apart and so did everything else thereafter. My bank withdrew my overdraft and said I could not stay with them (I thought initially that it was because of the DMP) so I opened another account (Starling) and set up all my direct debits etc with the new bank. A month into being with the new bank, they contacted me and said they were closing my account in three months. So I started applying for other basic accounts and every single one of them either refused or revoked.  Through the help in the other thread, I requested a SAR from Cifas and discovered that I have this marker against my name for "evasion of payment". I have logged a complaint with MCB on the advice of other forum members, but my query really is do you think the marker is fair given that I did ask them for help and I did explain that I was going to be struggling financially to repay the loan over the original two years, and is there any way that I can get it removed? I fully admit that I have yet to make a payment to them and I suppose in my naivety and panic I thought if I emailed them early on they could extend the loan and help me out, but they didn't even reply  I did manage to open an account with Monzo before the marker was in place, but I am very concerned that if Monzo do what Starling did, I will have no bank account to pay my bills or get my wages paid into.  Realistically based on the information I have given here, what do you think my chances are of getting this marker removed? Any help/advice on this would be greatly appreciated x
    • Thank you dx, that is what I intend to do now. I have gone through all the SAR documents, a lot of which I am seeing for the first time! As per my previous post #116 letters and statements alleged to have been sent to me, as recorded on their system notes I have not received. Letters I have sent requesting information and account statements have not been recorded as being received by them, all were sent either by Recorded or Special Delivery. I have all the proof you menrtioned from my files for payments and from their SAR info for fees added. Thanks t
    • In my experience (not with car payments) but with many other things, my partner has been ill and signed off in the past and we have been unable to meet various commitments.  Naturally if you ring the call centre they are going to fob you off and tell you you must pay, that's why that never ever works. I would obtain a note from her GP listing all her health issues plus medications plus side effects, then write to the finance company with a copy of it, explaining the situation, as you have here, asking for a payment holiday. Perhaps mention that the car is very much needed for hospital appointments etc. It's likely the finance company would rather you pay till term end than, chase you for money they will never see, and sell the car at auction for a loss,  You can search some of my threads going back years, advising people to do this for Council Tax, Tax Credits, HMRC, Even a solicitors company and it always works, because contrary to popular belief people are reasonable.
    • Sorry, I haven't ever seen one of these agreements. Read it all and look out for anything that says when she can withdraw and when she is committed to go ahead. If it isn't clear she may need to call the housing provider and simply say what you posted here, she doesn't want to go ahead and how does she withdraw her swap application?
    • Thank you! Your head is like a power bank of knowledge.  Her health issues are short term, due to a relationship breakdown she took it pretty hard and has been signed off work on medication for 3 months. She only started her job in February 24 so does not qualify for any occupational sick benefits, which is where the ssp only comes in. (You will see me posting a few things over the coming days, whilst I try and sort some things for her)  I sat with her last night relaying all this back and she does want to work out a plan, she was ready to propose £100 for the next 3 months and then an additional £70 per month onto of her contractual to "catch up" but Money247 rejecting the payment holiday and demanding £200 thew her, which is why I came on here.   
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Pcn received code 62 2


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Hi recently i have got pcnicon from walthamstow council.I have parked my commercial vehicle 2 tyres on pavement while i was doing delivery to retail shop.once i come back to vehicle i found out they issued me ticket.I would like to find out do i have any grounds to appeal on this pcn. All i was doing delivery and because i ve parked on pavemenet i didnt want to block road

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But the ticket wasn't for not loading while in a loading bay, its for one or more wheels on the pavement so how would appealing on the rounds of loading work?

Surely he would be better taking pics of the road width and vehicle dimensions and submitting on the basis that he has stated above. That he need to park like that or he would have caused an obstruction on the highway.

Almost a guarantee they wont entertain either appeal though. If he couldn't park within the bay without having a wheel on the pavement, they will just say he shouldn't have parked I'd imagine.

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i have writtin appeal letter below could you pls check if this appeal is okey to send them.

 

 

 

Dear Sir/Madam,

 

On 21th Oct 2015 I received a PCN for Contravention Code 62. I wish to challenge this penalty charge on the following grounds:

 

1) The alleged contravention did not occur. On that day i was doing delivery to retail shop which is Aryubi Express Supermarket, they are located right behind where i have parked the vehicle. I have parked my vehicle on the single line where its allowing loading and unloading between 10 am 4pm.

As the road was narrow i had to parked on pavements as this would have caused an obstruction on the highway because i had to unload goods from side door.

 

2) Having checked Regulations Section 62 says : Loading and unloading is not prohibited on pavements. especially if the width of the carriageway prevents this activity from being carried out safely there.

2)Also this contravention was designed to prevent cars from blocking the pavement. As you can see from the Ceo’s attached photo there is enough space for anyone, including people with double buggies or wheelchairs, to easily pass along the pavement next to my vehicle

 

I have attached invoice for proof of delivery to shop where the has been issued.

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Personally I wouldn't say the contravention didn't occur, and would concentrate on WHY it occurred.

You seem to be concentrating on a loading bay contravention, its not. A 62 is wheels on the pavement.

 

As G&M stated above, you can load/unload with wheels on the pavement, so if the loading exemption is the basis of the appeal, then he needs to say that the contravention did not occur. He's allowed to do that - it's not a contravention.

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i have writtin appeal letter below could you pls check if this appeal is okey to send them.

 

 

 

Dear Sir/Madam,

 

On 21th Oct 2015 I received a PCN for Contravention Code 62. I wish to challenge this penalty charge on the following grounds:

 

1) The alleged contravention did not occur. On that day i was doing delivery to retail shop which is Aryubi Express Supermarket, they are located right behind where i have parked the vehicle. I have parked my vehicle on the single line where its allowing loading and unloading between 10 am 4pm.

As the road was narrow i had to parked on pavements as this would have caused an obstruction on the highway because i had to unload goods from side door.

 

2) Having checked Regulations Section 62 says : Loading and unloading is not prohibited on pavements. especially if the width of the carriageway prevents this activity from being carried out safely there.

2)Also this contravention was designed to prevent cars from blocking the pavement. As you can see from the Ceo’s attached photo there is enough space for anyone, including people with double buggies or wheelchairs, to easily pass along the pavement next to my vehicle

 

I have attached invoice for proof of delivery to shop where the has been issued.

 

It's entirely up to you what you write, but if it were me, I'd change ot to something like:

 

Dear Sir/Madam,

 

On 21th Oct 2015 I received a pcnlink3.gif for Contravention Code 62. I wish to challenge this penalty charge on the grounds that the contravention did not occur.

 

On that day I was making a delivery to a Aryubi Express Supermarket, located right behind where I stopped the vehicle.

As the road was narrow I had to park on pavements to unload, so as not to cause an obstruction.

 

As you are aware, loading and unloading is not prohibited on pavements (although parking is). I assume the CEO judged there to be no unloading activity taking place, but this is what I was carrying out at the time he issued the PCN, including securely delivering goods into the premises. I have attached an invoice as proof of delivery to shop.

 

Thank you for your consideration, etc. etc.

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It's entirely up to you what you write, but if it were me, I'd change ot to something like:

 

Dear Sir/Madam,

 

On 21th Oct 2015 I received a pcnlink3.gif for Contravention Code 62. I wish to challenge this penalty charge on the grounds that the contravention did not occur.

 

On that day I was making a delivery to a Aryubi Express Supermarket, located right behind where I stopped the vehicle.

As the road was narrow I had to park on pavements to unload, so as not to cause an obstruction.

 

As you are aware, loading and unloading is not prohibited on pavements (although parking is). I assume the CEO judged there to be no unloading activity taking place, but this is what I was carrying out at the time he issued the PCN, including securely delivering goods into the premises. I have attached an invoice as proof of delivery to shop.

 

Thank you for your consideration, etc. etc.

 

 

Thanks Jameson i will change that with your explanation i think it will be better explanation.

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