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    • 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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Beko Fridge Freezer Died


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I sent this email to Beko

 

I purchased exactly 2 years ago (to the day actually) from my local Comet a BEKO fridge freezer

 

Yesterday it started making loud gurgling noises in the morning now the fridge is warm and the freezer is not working and defrosted and thus destroying the contents

 

As this looks as if it is either ceasing to function correctly and is probably uneconomical to repair what can you offer me under the sale of goods act 1979

 

I did not purchase any extra warranty as one expects an appliance to last more than 12 months as under the sale of goods act a product is expected to last for a reasonable amount of time

 

And got this reply

 

Thank you for your email.

I am sorry to hear of the problem with your Beko Fridge Freezer.

The Beko warranty covers repair costs carried out by an authorised Beko engineer within the first 12 months of purchase. Unfortunately as your appliance was purchased in 2006 this is not something that we can help with financially.

Unfortunately it is virtually impossible to diagnose what the fault is on any of our appliance with out actually inspecting them first. You can contact the engineer that we contract out to repair our appliances under warranty on telephone number.

(I bet this would be chargeable to me)

Your contract of sale is with the retailer from whom you purchased the appliance and any further assistance will need to be directed to the retailer.

Kind regards

I then called Comet customer services and explained this to them and they said they would have to send an engineer at a charge of £30.00 just to confirm its not working correctly.

 

I don’t want to waste £30.00 just for Comet to says your fridge is not working that’s obvious,

 

What about the small claims courts route I think that’s about £30.00

 

Any help or advice appreciated

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I bought a Beko Fridge Freezer 4 years ago and I thought mine died on me a couple of weeks ago... gurgling noises, freeze started to defrost, etc. But it came alive again and has been working fine since (fingers crossed). I know this doesn't offer you any help, but maybe a little hope!:)

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Hi I have a beko fridge freezer did the same thing the next door neighbor is a service engineer for Hotpoint he had a look and said that the floor the freezer was standing on was not level and to move the freezer away form wall 2cm and leave switched off for 24 hours then switch back on. He said that the auto defrost pipe on the back was pinched by contact with the wall and had frozen. We did as he said it worked ok then.

 

dpick

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That sounds like a good idea to try - Beko's are supposedly a good brand to buy and you would expect their goods to last longer. Another thing to try is the drainage hole in your fridge. It might be blocked and you may need to clear it out.

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Beko are actually a budget brand, though I have no trouble with mine. One thing to bear in mind with many fridge freezers is that, surprisingly, you can actually locate them in an area that is too cold!!

 

This happens in cheaper models with only one compressor and one thermostat (located in the fridge section). For example some people put them in a garage or outbuilding. If the room temperature is between, say 5-10 centigrade, the compressor rarely runs and the freezer contents therefore warm up too much!

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No problem. What happens is that cheap fridge freezers have only one compressor and one thermostat which serves the fridge and the freezer sections simultaneously. (More expensive models have two compressors and two thermostats - one for each section and don't suffer this effect).

 

The thermostat is located in the fridge. If the room temperature is, say 5 degrees centigrade (Think garage in winter time) then the compressor won't run because the fridge will already be cool enough. Unfortunately, this means that the freezer section will not receive any cooling either. The result is that the freezer, which should be around -20 degrees can warm up. In winter, this can lead to the freezer contents spoiling.

 

In an ordinary room, where the temperature is, say 19 degrees, then the thermostat will make the compressor run to cool down the fridge. At the same time, the freezer will be cooled. In this case, the compressor runs long enough to keep the freezer at -20 or so.

 

I know it sounds ridiculous, but it does mean that the room can be too cold for a fridge freezer to run properly. Hope I explained that well enough :)

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What quite often happens is that the evaporator is iced up resticting the air flow past it, you cant see the evap because its hidden behind a panel, you can fix it quickly by removing said panel and using a hairdryer or something to melt the ice, or leave it switched off with the door open for 3-4 days.

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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  • 7 months later...

Best bet is to go with the comet offer and if as suspected broke and everything else being ok; no mis use and sited correctly then they should offer you a discount on a new one. You will not be entitled to replacement, and I think discount would be better than a repair, as Sale of goods act etc.

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  • 3 months later...

Our Beko fridge freezer is only 16 months old and has stopped freezing things properly. Icecream is the worst thing. I spoke with an engineer today who has advised that maybe something has frozen up although it is a frost fee unit.

He told me to defrost the unit for 48 hours to see if that helps..... i'm hoping it does !

Hope this may be of help to someone who is also having problems.:)

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  • 4 months later...

I purchased a Beko Frost Free Fridge freezer model CA5411FFS in September 2004 from Comet. After 11 months it all freezed behind the the back panel in the freezer unit. Fixed under the 1 year waranty,needing a new thermostat. The same thing happened again some months later. Beko kindly sent me a free thermostat which I fitted myself. In 2007 the fridge failed completely. The engineer said I needed a new compressor. I complained to Beko again and they sent me a new compressor free but I had to pay to install it- cost £76. The next April 2008, I found water dripping onto an electrical junction box at the back causing sparks and smoking. It could have resulted in a very hazardas event. Beko replaced the fridge/freezer (model CDA539FS ) free of charge for obvious reasons, coming with a years guarantee. I noticed with this new model the sais junction box had been located in a safer position. Now the new one has stopped working completely after 20 months. There was no icing up just everything shut down apart from a small ticking noise from the now cold compressor. Sounds like this unit has packed up.The fridge is level and in a warm kitchen. I'd heard about the EU law stating goods should have minimum two year guarantee and contacted Beko. They said it only applied to retail sales and they were a manufacturer but I stated they supplied it direct to me so they acted as a retailer under this legislation. This cut no ice with them and said they could not assist further. Can anyone give me advice on both matters please?

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  • 5 months later...
  • 4 months later...

Any suggestions, have a 2 year old Beko Fridge/freezer CDA752FS auto frost, problem is fridge is getting too cold and freezing everything, even on lower settings. I thought I would try replacement of thermostat which is in fridge but was not able to work out where exactly the coil end should go, as it exits of the fridge, and I am wondering if I have to take the back off the unit. Recently widowed so am trying to save money by diy, living in rural wales haven't really got any male neighbours to ask for assistance. Do you think the thermostat is the problem in this case? any comments would be appreciate, thanks in advance

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