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    • Well barristers would say that in the hope that motorists would go to them for advice -obviously paid advice.  The problem with appealing is at least twofold. 1] there is a real danger that some part of the appeal will point out that the person appealing [the keeper ] is also the driver.  And in a lot of cases the last thing the keeper wants when they are also the driver is that the parking company knows that. It makes it so much easier for them as the majority  of Judges do not accept that the keeper and the driver are the same person for obvious reasons. Often they are not the same person especially when it is a family car where the husband, wife and children are all insured to drive the same car. On top of that  just about every person who has a valid insurance policy is able to drive another person's vehicle. So there are many possibilities and it should be up to the parking company to prove it to some extent.  Most parking company's do not accept appeals under virtually any circumstances. But insist that you carry on and appeal to their so called impartial jury who are often anything but impartial. By turning down that second appeal, many motorists pay up because they don't know enough about PoFA to argue with those decisions which brings us to the second problem. 2] the major parking companies are mostly unscrupulous, lying cheating scrotes. So when you appeal and your reasons look as if they would have merit in Court, they then go about  concocting a Witness Statement to debunk that challenge. We feel that by leaving what we think are the strongest arguments to our Member's Witness Statements, it leaves insufficient time to be thwarted with their lies etc. And when the motorists defence is good enough to win, it should win regardless of when it is first produced.   
    • S13 (2)The creditor may not exercise the right under paragraph 4 to recover from the keeper any unpaid parking charges specified in the notice to keeper if, within the period of 28 days beginning with the day after that on which that notice was given, the creditor is given— (a)a statement signed by or on behalf of the vehicle-hire firm to the effect that at the material time the vehicle was hired to a named person under a hire agreement; (b)a copy of the hire agreement; and (c)a copy of a statement of liability signed by the hirer under that hire agreement. As  Arval has complied with the above they cannot be pursued by EC----- ------------------------------------------------------------------------------------------------------------------------------------------------------------------- S14 [1]   the creditor may recover those charges (so far as they remain unpaid) from the hirer. (2)The conditions are that— (a)the creditor has within the relevant period given the hirer a notice in accordance with sub-paragraph (5) (a “notice to hirer”), together with a copy of the documents mentioned in paragraph 13(2) and the notice to keeper; (b)a period of 21 days beginning with the day on which the notice to hirer was given has elapsed;  As ECP did not send copies of the documents to your company and they have given 28 days instead of 21 days they have failed to comply with  the Act so you and your Company are absolved from paying. That is not to say that they won't continue asking to be paid as they do not have the faintest idea how PoFA works. 
    • Euro have got a lot wrong and have failed to comply with the Protection of Freedoms Act 2012 Schedule 4.  According to Section 13 after ECP have written to Arval they should then send a NTH to the Hirer  which they have done.This eliminates Arval from any further pursuit by ECP. When they wrote to your company they should have sent copies of everything that they asked Arval for. This is to prove that your company agree what happened on the day of the breach. If ECP then comply with the Act they are allowed to pursue the hirer. If they fail, to comply they cannot make the hirer pay. They can pursue until they are blue in the face but the Hirer is not lawfully required to pay them and if it went to Court ECP would lose. Your company could say who was driving but the only person that can be pursued is the Hirer, there does not appear to be an extension for a driver to be pursued. Even if there was, because ECP have failed miserably to comply with the Act  they still have no chance of winning in Court. Here are the relevant Hire sections from the Act below.
    • Thank-you FTMDave for your feedback. May I take this opportunity to say that after reading numerous threads to which you are a contributor, I have great admiration for you. You really do go above and beyond in your efforts to help other people. The time you put in to help, in particular with witness statements is incredible. I am also impressed by the way in which you will defer to others with more experience should there be a particular point that you are not 100% clear on and return with answers or advice that you have sought. I wish I had the ability to help others as you do. There is another forum expert that I must also thank for his time and patience answering my questions and allowing me to come to a “penny drops” moment on one particular issue. I believe he has helped me immensely to understand and to strengthen my own case. I shall not mention who it is here at the moment just in case he would rather I didn't but I greatly appreciate the time he took working through that issue with me. I spent 20+ years of working in an industry that rules and regulations had to be strictly adhered to, indeed, exams had to be taken in order that one had to become qualified in those rules and regulations in order to carry out the duties of the post. In a way, such things as PoFA 2012 are rules and regulations that are not completely alien to me. It has been very enjoyable for me to learn these regulations and the law surrounding them. I wish I had found this forum years ago. I admit that perhaps I had been too keen to express my opinions given that I am still in the learning process. After a suitable period in this industry I became Qualified to teach the rules and regulations and I always said to those I taught that there is no such thing as a stupid question. If opinions, theories and observations are put forward, discussion can take place and as long as the result is that the student is able to clearly see where they went wrong and got to that moment where the penny drops then that is a valuable learning experience. No matter how experienced one is, there is always something to learn and if I did not know the answer to a question, I would say, I don't know the answer to that question but I will go and find out what the answer is. In any posts I have made, I have stated, “unless I am wrong” or “as far as I can see” awaiting a response telling me what I got wrong, if it was wrong. If I am wrong I am only too happy to admit it and take it as a valuable learning experience. I take the point that perhaps I should not post on other peoples threads and I shall refrain from doing so going forward. 🤐 As alluded to, circumstances can change, FTMDave made the following point that it had been boasted that no Caggers, over two years, who had sent a PPC the wrong registration snotty letter, had even been taken to court, let alone lost a court hearing .... but now they have. I too used the word "seemed" because it is true, we haven't had all the details. After perusing this forum I believe certain advice changed here after the Beavis case, I could be wrong but that is what I seem to remember reading. Could it be that after winning the above case in question, a claimant could refer back to this case and claim that a defendant had not made use of the appeal process, therefore allowing the claimant to win? Again, in this instance only, I do not know what is to be gained by not making an appeal or concealing the identity of the driver, especially if it is later admitted that the defendant was the driver and was the one to input the incorrect VRN in error. So far no one has educated me as to the reason why. But, of course, when making an appeal, it should be worded carefully so that an error in the appeal process cannot be referred back to. I thought long and hard about whether or not to post here but I wanted to bring up this point for discussion. Yes, I admit I have limited knowledge, but does that mean I should have kept silent? After I posted that I moved away from this forum slightly to find other avenues to increase my knowledge. I bought a law book and am now following certain lawyers on Youtube in the hope of arming myself with enough ammunition to use in my own case. In one video titled “7 Reasons You Will LOSE Your Court Case (and how to avoid them)” by Black Belt Barrister I believe he makes my point by saying the following, and I quote: “If you ignore the complaint in the first instance and it does eventually end up in court then it's going to look bad that you didn't co-operate in the first place. The court is not going to look kindly on you simply ignoring the company and not, let's say, availing yourself of any kind of appeal opportunities, particularly if we are talking about parking charge notices and things like that.” This point makes me think that, it is not such a bizarre judgement in the end. Only in the case of having proof of payment and inputting an incorrect VRN .... could it be worthwhile making a carefully worded appeal in the first instance? .... If the appeal fails, depending on the reason, surely this could only help if it went to court? As always, any feedback gratefully received.
    • To which official body does one make a formal complaint about a LPA fixed charge receiver? Does one make a complaint first to the company employing the appointed individuals?    Or can one complain immediately to an official body, such as nara?    I've tried researching but there doesn't seem a very clear route on how to legally hold them to account for wrongful behaviour.  It seems frustratingly complicated because they are considered to be officers of the court and held in high esteem - and the borrower is deemed liable for their actions.  Yet what does the borrower do when disclosure shows clear evidence of wrong-doing? Does anyone have any pointers please?
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      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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Drive any car policy- is this allowed/legal


danielman2
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hi

 

I want to drive another car without buying another policy, this is my plan.

 

My policy allows drive any car not belonging to me or partner

 

1.Buy another car and put in my sons name.(he is 9 :-o)

2.Insure tempory for 7 days and get road tax, then cancel

3.Drive car on my insurance.

 

I want to do this so my wife can have the car and I can drive a cheap banger to work, (not doing so i can drive a ferrari).

 

Whats your views, if its legal and saves me 200 pound a year, why not?

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I don't think you can do this. It depends on the wording of your policy, but I don't think it would be possible.

 

If you are insured to drive any car, it is there for temporary purposes, e.g. driving your friend's car - it will not cover you for vehicles which you regularly have access to (hence why they specifically mention you and your spouse) - you can't keep this additional car and fail to mention it to your insurers. In fact, it could also invalidate your whole policy as you are usually asked if you regularly have access to other vehicles.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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Actually just thought a little more and there's no way you can do it. Your policy states you cannot drive any other car belonging to you or your partner - as this is your car then you wouldn't be insured to drive it.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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It's not possible in law and I think you've misunderstood my previous reply.

 

Your insurance does not cover you for any other car belonging to you. The Registered Keeper listed on the registration document is completely irrelevant - it doesn't matter if it's your son, your father, a mate from the pub, or Mickey Mouse - the fact is you own the car and you will be driving without insurance if you do what you are proposing to do.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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Danielman,

 

I have to say, how totally irresponsible!

 

Bottom line, you are going to get 'pulled' by the Police, time and time again as the vehicle will not have any insurance on it, in it's own right and as such will not be on the Motor Insurers Database.

 

The 'Driving other cars facility' is SOLELY aimed at allowing you to drive in an emergency situation. e.g. You are the passenger is someone else car and they (the driver) is taken ill. You can drive with Third Party only cover, that is there is no cover for the car being driven only cover for damage to third party property or third parties (Persons) themselves. A lot of web based insurers do not necessarily even include this cover.

 

The V5 registration document states words to the effect that the registered keeper is not necessarily the legal owner. Where does a nine year old get the money to buy a car? You (or some other adult) would be the legal owner.

 

A short term insurance policy would cost you dear anyway.

 

Ask yourself this; You have just accidently knocked down a pedestrian who is seriously injured (or similar), how are you going to explain your 'arrangement' to the Police or the insurance company?

 

Your 'plan' is doomed to failure.

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okay, clam down,

 

just wanted to know if it was legal, after discussing here decided against the idea, so thanks for your views

 

p.s also short term insurance cost as little as 8 pound per day

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Bottom line, you are going to get 'pulled' by the Police, time and time again as the vehicle will not have any insurance on it, in it's own right and as such will not be on the Motor Insurers Database.

 

No car has insurance on it, in its own right. In the UK, the driver is insured, not the vehicle. Think about it for a moment, if you have third party only insurance, there is no insurance cover for the vehicle. However, since the car is a vital factor in deciding the insurance risk, the policy is attached to a particular vehicle in that the driver is insured (not the vehicle) to use that vehicle.

 

Contrast this to Germany, where the vehicle is the insured ansd virtually all policies are thus any driver.

 

The 'Driving other cars facility' is SOLELY aimed at allowing you to drive in an emergency situation. e.g. You are the passenger is someone else car and they (the driver) is taken ill. You can drive with Third Party only cover, that is there is no cover for the car being driven only cover for damage to third party property or third parties (Persons) themselves. A lot of web based insurers do not necessarily even include this cover.

 

It is not emergency only, unless the policy or certificate specifically states this. There have been court cases to this effect.

 

Forget web-based, many insurers are withdrawing DOC cover

a) under pressure from the authorities who want to see every vehicle on the insurance database ( at the moment, ANPR cannot determine if a vehicle is being driven uninsured as even if it is not linked to a policy, it can be driven on DOC);

b) because of mis-use like that being proposed here

 

The V5 registration document states words to the effect that the registered keeper is not necessarily the legal owner. Where does a nine year old get the money to buy a car? You (or some other adult) would be the legal owner.

 

True, but a nine-year old could be legally gifted the car; this does not negate ownership.

 

 

 

Ask yourself this; You have just accidently knocked down a pedestrian who is seriously injured (or similar), how are you going to explain your 'arrangement' to the Police or the insurance company?

 

Any claim by the third party would be met, even if the driver's policy were voided. The insurance company would probably be entitled to look to recover their costs (including the pay out to the third party) if the could prove fraudulent use.

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I don't think you can do this. It depends on the wording of your policy, but I don't think it would be possible.

 

If you are insured to drive any car, it is there for temporary purposes, e.g. driving your friend's car - it will not cover you for vehicles which you regularly have access to (hence why they specifically mention you and your spouse) - you can't keep this additional car and fail to mention it to your insurers. In fact, it could also invalidate your whole policy as you are usually asked if you regularly have access to other vehicles.

 

As you say, it depends on the wording of the policy or certificate, but the situation outlined above would be very unusual. Most policies do not even refer to spousal ownership.

 

Mine says, and I quote.

 

"The policyholder may drive any car not owned or under hire purchase agreement to him"

 

My wife's policy for her car states the same (different insurer)

 

There is nothing there about belonging to spouse or near family, or about regular access or use; there is nothing about emergency use only.

 

What Danielman2 is suggesting is , technically legal providing the wording of his policy allows it. It remains morally indefensible. He needs to remember two things however.

 

1) DVLA and Post Offices (on DVLa instructions) exceed their lawful authority and will not issue VED without an insurance certificate showing the vehicle's VRM. This despite the fact that DOC does provide legal minimum cover.

2) he would be well advised to carry both his insurance certificate showing DOC cover and a statement of ownership of the vehicle.

 

If he carries this through, it will put a further nail in the coffin of DOC cover. There are those of us who believe it a very useful thing to have for the odd occasion that it is necessary to drive another vehicle. For example, 2 years ago, I part exchanged my car. The 'new' vehicle comprehensively lunched its engine at speed on the motorway. It was recovered to the selling dealer who proceeded to source and fit a replacement engine. In the meantime, he loaned me my 'old' car back. This was driven for 10 days on DOC cover. All perfectly lawful, as I was no longer the owner.

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1) DVLA and Post Offices (on DVLa instructions) exceed their lawful authority and will not issue VED without an insurance certificate showing the vehicle's VRM.

 

Not always. My Motor Traders policy has no reg no's but says : Any motor vehicle which is your property or in your custody or control. This is all I ever use to tax vehicles. However each year at premium renewal I have to list all vehicles held in stock to give the insures an idea of risk.

I have to say the OP is treading a very dangerous path, and one open to prosecution. If it were that simple everybody would insure a Cinqucento and drive a Maserati

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Mine says, and I quote.

 

"The policyholder may drive any car not owned or under hire purchase agreement to him"

 

My wife's policy for her car states the same (different insurer)

 

There is nothing there about belonging to spouse or near family, or about regular access or use; there is nothing about emergency use only.

 

Even still, when you took out your policy I imagine you would have been asked if you had regular access to any other vehicles. I don't know if all insurers ask it, but it does seem very common. If the OP doesn't declare this then it could potentially invalidate the whole insurance policy.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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DOC has always been open to abuse, but this benefit is slowly being closed off.

 

Even though some companies do say that the DOC is only to be used in an emergancy, there is no definition of emergancy in the policys, so a hubby could drive the mrs uninsured car, but please take note the TPO cover only covers TPs whilst the uninsured vehicle is being driven, when its parked up on public highway etc its uninsured.

 

Wording has recently changed (about time to) about using DOC to release impounded vehicles.

but again there are ways round this for a minimal fee, like temp cover for 1 day is about 7 quid and the car is covered to drive away.:(

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No car has insurance on it, in its own right. In the UK, the driver is insured, not the vehicle. Think about it for a moment, if you have third party only insurance, there is no insurance cover for the vehicle. However, since the car is a vital factor in deciding the insurance risk, the policy is attached to a particular vehicle in that the driver is insured (not the vehicle) to use that vehicle

AFAIUI, in the majority, car insurance is linked to the vehicle by the VRM, which gives the basic Third Party Cover. It's this that allows ANPR to work and to identify who is insured to drive the vehichle.

 

Third Party insurance on the vehicle is normally a requirement of DOC insurance.

 

On a slightly different tack, the insurance companies are clamping down on those people who are down as additional drivers but not the main driver that are the primary user.

 

Sorry if this sounds like gibberish, but I normally brain dump and it uses chaos theory as a download tool!

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AFAIUI, in the majority, car insurance is linked to the vehicle by the VRM, which gives the basic Third Party Cover. It's this that allows ANPR to work and to identify who is insured to drive the vehichle.

 

But the problem is that TPO insurance covers the driver to use the vehicle, not the vehicle itself. Whilst it is well-nigh impossible to obtain for a private individual, in theory you could have an any vehicle policy (like motor traders have), so no VRM is linked to the policy on the database.

 

Third Party insurance on the vehicle is normally a requirement of DOC insurance.
No, if only because the vehicle is never covered by Third Party only insurance; only the use of the vehicle. Unless (unusually) it is written into your policy that is provinding DOC, there is no requirement for any other insurance linked to the vehicle

 

On a slightly different tack, the insurance companies are clamping down on those people who are down as additional drivers but not the main driver that are the primary user.

No, they are clamping down on 'fronting'; where a low risk driver is policyholder, but the main user is an additional driver of high risk. The main user must be the policyholder.

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in theory you could have an any vehicle policy (like motor traders have), so no VRM is linked to the policy on the database.

 

Yes, but this system is foolproof. Any vehicle that a Motor Trader has in stock that is taxed or that he himself taxes, the trader must by law update the database himself. I do it online, adding the VRM. Any vehicle that is untaxed would not be added to the database as it must be driven on trade plates. The trade plates become the temporary VRM for the journey and are already on the database.

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