Hopefully! Thanks so far , awaiting SAR

How would I stand if they cannot produce a letter stating I was on suspended leave? My word against their's

Hi Shelly..Thanks for the advice. SAR already typed up. No documentation at all , it was all done verbally over the phone. I need to see a copy of my contract as well to see if there was a clause about deductions. A number of staff have now left the company including the union rep. The company were recently in the news so poor are they but Gov backed so they can spend taxpayer money at will. I suspect they may not be able to produce documentation , I was accused of taking equipment from the company despite the fact there was no asset register and equipment was handed out to employees with no audit trail, I was one of three people responsible for the equipment and raised concerns many times about items going missing which of course fell on deaf ears. Oh I should mention the company head office is in Scotland , it is this dept that has initiated the CC , I was based in the English office at the time. Not sure if this affects anything.

Hi. Just looking for some advice on proceeding forward with a CC claim from an ex employer. Got claim form today and dated 27th Sep so have completed AOS today. the POC is as follows : The defendant was employed by the claimant as a ************ under a contract of employment commencing on July 2008 which is subject to English law . The defendants employment with the claimant ended on Feb 2014. The defendant received an over payment of salary from the claimant amounting to £396.55. This over payment was due to the defendant exceeding his annual leave entitlement by 16 hours and the defendant was paid for 25 ? 28 Feb 2014 after having left his employment on 24 Feb 2018. The claimant has called upon the defendant to make payment of the sum owed, however the defendant has refused or delayed to make payment and accordingly this action has been rendered necessary. the claimant claims int under section 69 of the county courts act 1984 at the rate of 8% a year from 1/4/2014 to 26/9/2019 on £396.55 and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of £0.09 ………………………. Just to give a brief overview of what happened! Jan 2014 I was under disciplinary action for gross misconduct which was never founded and dropped , after one interview with HR and my line manager I was sent home on suspended leave fully paid during investigation. After debate/investigation between the comp and my union rep during Feb , my rep told me the company was dropping all action. I then handed in my notice and told them to shove the job and left on the 24th Feb to which I was paid my last monthly payment and any owed holidays etc. I have received about three letters during the course of the period 2014 to 2019 asking for the payment to which I have replied asking them to break down how i owe this amount. My argument being that I was not on annual leave but suspended leave full pay. The fault lies with their accounts dept in not calculating the correct pay or communicating the fact I was on suspended leave. Communication and miscommunication was and probably still is a key factor with this company and one of the reasons I handed in my notice on top of the constant issues with my two colleagues which I raised every year during appraisals but nothing was every done about this.

I agree on the bay being marked. I suppose in future it will certainly make me check more clearly. I would still expect any council to make signs more clearly available.I won my point with them so that is a bonus..

Oh and 2 metres my a$$ ...as clearly shown on the two columns which were devoid of any sign and in that 2 metre area...

So just an update! I sent off the formal representation letter and got a letter back from the LA today dated 19th. They quote " I have established that the signage next to your vehicle was obscured by foliage which has now been cut back however there are bay markings on the ground which does signify a restriction in place and the sign on the wall less than 2 metres from your vehicle is visible. However on this occasion I have cancelled the penalty charge and you will hear nothing further about this matter" So a result !!! Still annoyed that the LA dismissed my original response along with pictured evidence. Thanks to all who posted on here...donation coming over today...

Hi Jamberson..thanks for the advice. I agree multiple signs may annoy the local residents. I still believe that the signage was not clearly available on the day and it is down to the LA to ensure those signs are clearly displayed. Ironic that a week later all those bushes and foliage had been cut right back. If the LA deemed the signage was displayed correctly in the first place why cut back that foliage later on that week? That is what I am basing my argument on. I am at the NTO stage now and have submitted that reason for not paying the original fine. Let's see how that goes. I have 56 days. Reading through the forums I can see that other LA's have failed to comply with the 56 day timeline and consequently had to quash the fine due to procedural impropriety...

Hi.. I appreciate your honest opinion ,that said I did take a look around but did not noticeably see a sign. I had been using this street to park months previously without issue. As mentioned i exited at the bottom of street. I could base an argument on why there were no signs on the columns nearby.

Hi.. Yes it is at NTO stage so I submitted my objection online to the LA. I'm prepared to go adjudication as well. I find it ridiculous that the LA expect me to go and find a hidden sign when it should be in clear view. As stated I have these before and after pics within the space of a week to prove on the day I received the ticket the foliage was overgrown. Let's see what happens. Thanks for your advice so far..

Ah ok...it's Waverly Terrace in Darlington , off Clifton Road.. I will try and upload after pics but may be restricted by size... The last pic was taken a week later , my vehicle was parked where the vauxhall is on the left. On my original picture the sign was not visible and you can clearly see where the bush has been cropped right down to reveal it now. I sent this and three other pics in from various angles. The LA response is that there is a sign further up the road and I should have seen that one. That was there only response. Sorry mistake ! I was parked on the right where the Vauxhall is not the left....brain freeze.. The last pic shows from across the road a week later , with all foliage cut back. The next two columns up have no sign on, the next available sign is behind the white car in the top right of the pic. There are no time restricted signs across the road. If you compare from the first pic I posted to the last it is quite clear the overhang has been cut back to reveal the sign. I sent all these pics to the LA and they dismissed it , as I mentioned I should have been aware of the sign which is up near the white car. Visible? I think not!

It's County Durham....

Hi.. Thanks for the advice. IMO the signage was hidden well away, even the supposed sign on display. Will try and post up some pics. I am currently at the NTO stage. Find attached pics to show where I was parked adjacent to the trees. As stated I was at the bottom end and just in front of my car black the black Honda is the sign but this is behind all the leaves as can be seen in pic CAG3. Pic CAG 4 shows the next two columns up and as you can see the columns here between the Merc and Astra do not have any signs. Just after the Astra is the next sign but as you can see from pic CAG3 it is halfway up the street and hidden by overhanging branches. Let me know your thoughts... As mentioned I exited bottom end of street so did not and could not see the sign where the Astra is parked just in front of the Merc.... As mentioned there are no signs on opposite side of street. A week later the bush in front of my car was cut back and this showed the small parking sign.

Hi Caggers.. Just looking for people's thoughts on a parking fine I received on the 1st July for overstaying on a 2 hr only area. At the moment I have received the NTO as I challenged this on inadequate signage which was turned down by LA ( no surprise) . So here is a quick breakdown: I have parked in this street near to my local station for a number of months, no problems no parking fines. One side has white markings for residents only displayed on the road with accompanying signs so I avoid these bays. The opposite side has white markings but no corresponding signs so I park there along with other commuters. These bays are near the bottom end of the street. Adjacent to a cattle market seperated by stone columns and a metal fence. There are a number of large trees,bushes etc on the side I parked. 1st July parked up at 8am , returned at 5pm and found parking ticket. Reason was overstay on a 2 hr only bay. On the same day I took pictures of car location, trees, bays etc. I was parked close to a group of large trees/bushes which were overhanging on to road, checked around for parking restrictions and could not see any my side, on the opposite side was signage to say residents only bays which did not correspond to the bay I was using as these are unmarked. I left vehicle and exited the street at the bottom end. I decided to park elsewhere but on investigation a week later I went back to check if any signage. Where I had been parked the bushes/trees had been cut back and there was a small 2hr only sign, also half way up the street on a small column was another 2hr only sign but I would not have seen this as I exited the bottom end of the street. I took photos of the newly revealed sign. So I disputed the original fine on the grounds of signage along with printed out pictures before/after . T his was turned down on the grounds that a sign was on of the columns half way up the street ( about 30-40 feet ) but as explained I exited bottom end of street so would not have seen this sign from where my car was parked due to overhang of trees/bushes. I know it was only £25 which I could have paid but I intend to fight this as I hate my LA anyway ( wasteful with taxpayers money ) and also believe they do not have a case to answer with the photographic evidence. Anybody else had success with insufficient signage?

Its very absorbent but already full of sh!t before i wipe !

Well this is one letter I am happy to receive from Lowells ! A very to the point " here is the sum of £90 as ordered by the court " followed by a lovely Natwest cheque for the amount of £90. It must have stuck in their throats to have to send that out after losing the judgement. Even if they decide to go for another try with a different POC the last payment made on this account was Jan 5th 2013 so just over the 6 year mark. Another possible ACE card to hold on to. I would guess at this stage Lowells will sell on rather than go through all the hassle of applying to court again !

Tongue in cheek Cogger ! Like the the toilet paper letters we have all received at one point ! You know the type bad cop/good cop ! We can help you pay off this debt up to the weekly threat o grams ! I was referring to copying one of these but adding my own details.

I will indeed ! Looking forward to it ! Shoe on the other foot and all that. Like I said I should send them a snotty letter but understand they may be facing financial difficulty and I have a range of methods in which they can pay. I won't offer any discount just yet .

Well it's the 23rd and no cheque from Lowells ! Is there a template here that I can use to send them or do I now need to notify the court ? It's tempting to send them a letter in the DCA general style - You owe me £... etc etc.... any assistance would be most helpful.

Guys thanks again for this ! Got a letter from court to say application denied so that's off in a safe place for now ! Also Lowells have until 23rd to compensate me costs ! If they do not what is the next course of action ? TBH cannot see them paying myself by that date.

Awesome ...thanks for that DX !

Woo Hoo ! Absolutely ecstatic ! Application denied ! and best of all £90 costs to me for a lost days work to be paid in 14 days ! :smile::smile: Many thanks to you all on here ! I was armed and ready this afternoon ! Contribution on way ! Lowells using a 3rd party solicitor not their own ! She turns up and asks for a brief chat. Explains she is not a Lowells solicitor and has minimal paperwork (scribbled notes on a sheet of A4) does have an amended POC from Lowells , have I a copy she asks , no I reply. Fine you can have mine she says after the hearing ! She asks me about my paperwork , oh I have it all thanks knowing fine well she aint got my WS or the court order from Aug with struck out order. She then says don't worry it wont be long in there about 5 mins. In fact im surprised you turned up ! I just smiled and played it cool. She then proceeds to tell me she will apply to have the claim reinstated and the judge will ok on the grounds of the late post etc. expecting me to sit there like a gimp. We go to Judges chambers the Judge has been dealing with 9 previous cases I overheard in waiting room and was wanting to move things along quickly. To cut to the chase she pointed out that Lowells missed resubmitting POC because of post, the Judge stopped her and read the notes, he then read my WS and said MR ...... is not a solicitor or barrister but has made it quite clear and in order what the issue is especially in relation to CPR rules would you like to add anything Mr … First off I asked why I had not got a copy of the new POC - she could not reply , I then asked why she did not have a copy of my WS which was emailed 4th Jan with a response ( proof provided ) and also a mailed copy next day del signed for ( proof provided) and that I also managed to hand in to the court as well. She could not answer but was getting more flustered and red in the face. Finally I stated her argument was based on the issue around post but this was Lowells issue using a third party to sort mail and that I had to take time out at my cost to ensure all docs were in when the court ordered. She had nothing more to add but asked the Judge to refer to the mail issue, that was her whole argument ! He turned around and said no matter what Lowells had waited more than two months to challenge the claim and that was a serious breach of CPR/Court rules. At this point I knew it was in the bag and she looked deflated. judge said sorry application dismissed. Mr .... I can see you have had to take a deal of time out for this have you been impacted finacially ! Yes I said to the tune of £90 ...that's not unreasonable is it he said to Lowells solicitor , no she mumbled ! Oh they have to pay in 14 days ! I nearly jumped up and puched the air , but didnt of course. The Judge parting remark was to say of course Lowell can issue a new claim if they want. On the way out I thanked the judge , shook her hand and smugly opened the door for her.. before leaving she smiled smugly and said you know whats going to happen now don't you ? Yes I said and I will be here ready to defend it ! That put her face straight ! So make sure your paperwork is right and have the confidence to go in and challenge ! Oh forgot to add that I raised the issue of a very vague POC and that Lowells were in fact applying to courts on the basis that defendants would not challenge , and without a real basis on an actual claim. He agreed that the POC was vague and that Lowells were chancing it in not so many words. So always check the POC ! So quick questions ! Will I get a letter from court to say application denied ? If Lowells do not pay in 14 days can I take it back to court ? Lowells must now submit a new application and fee to go for this again ?

Thanks ! Emailed to Sols and Court but also posted a copy to Sols , next day delivery so they should have that today. Handed in a copy personally to local court early this morning with struck out notice from last year also attached. I am going to raise with the DJ the fact I have had to take a day off which being self employed on a day rate has cost me a days payment and also the cost of having to mail a next day guaranteed delivery. Can I claim this as costs if Lowells are refused to overturn the decision of struck out ?

Shouldn't a copy be sent to court ? Andy mentioned that in a previous post

Document has been adjusted accordingly with blanks filled in ! Completed and emailed