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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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CP Plus parking ticket on Morrisons car park


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Very Interesting to get the opinion of someone who used to be a Police Officer - interesting point about the Fraud Act - I guess it is a question of what can be done with the resources available.

 

TFT

09/07/09 :)Business Studies BA(Hons) 2:1:)

 

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Good morning

Thanks for that.....but what is worrying is that the Police will not act if the amount of the Fraud is below a particular level (depending on Force area), and that fact is what these clowns rely on when issuing their tickets!!!

 

Best wishes to all

 

Dougal

Update: 2013 Following our recent (9/7/13) hearing about Bank Charges at the Court of Appeal, and refusal to grant permission to Appeal; an Application has just (23/10/2013) been made for a fresh hearing and the Court Location is yet to be confirmed!

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It is possible that this may be an agreement between Morrisons and these clowns to the effect that the 'attendant' will keep the car park flowing........

 

If Morrisons own or rent the land, they almost certainly have had an imput into who and how parking is enforced; otherwise what is to stop me patrolling their car park invoicing people who stay longer than ten minutes.

 

The situation is less clear if it is on a retail park with other shops, but I would expect that Morrisons would again have some input into parking enforcement.

 

What this means is that Morrisons cannot wash their hands of the activities of these PPC's.

 

Whatever you do or don't do when getting a ticket you should always send a letter of complaint to the companies head office copied to the store manager, intimating that you will make sure that you and your friends never shop there again.

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Good morning all,

 

Just a quick addition to the above - I work for Morrisons (not as a car park attendant!!)

 

I have watched the 'attendant' employed by these clowns - he makes every effort to avoid being seen......

 

As far as I am aware there is no employment arrangement with Morrisons (i.e. : the 'attendant' is not paid by Morrisons, nor do Morrisons pay the company. I am not aware of any 'sharing' of the proceeds of the 'attendants' work - but I do know he is employed by the clowns who issue the requests for payment.

 

It is possible that this may be an agreement between Morrisons and these clowns to the effect that the 'attendant' will keep the car park flowing (so to speak) and will be paid from the proceeds of his 'work', and in turn Morrisons will have the dubious benefit of good turnover by the frequent movement of vehicles in and out of the car park - the drivers having been misled into thinking they can only stay for a limited amount of time!

 

As an ex-police officer I agree that the issuing of a ticket is an attempt at theft, and if the Fraud Act 2006 is read I believe that the issuing of a ticket in the circumstances described is a complete offence - and should be reported to the police - BUT I do not believe they would take any action because of the relatively small amount (less than £1,000) involved - even though the Act does not place financial limits, I am sure this would be a 'guidelines for prosecution' matter, and would not be proceeded with.

 

The way around this could be to get a good number of people who have all had tickets in the same car park to complain.

 

All the best to everyone,

 

Dougal

 

Good post. While one ticket doesn't break the £1000 'barrier', how many invoices does this 'attendent' issue in a day / More than a £1000 ? And how many days a week ? Shouldn't be hard to get enough victims together to break the £1000 'barrier'. or to point the police at Companies House were they can see the extent of the revenue of the PPC. Maybe they could even get all POCA on the case.

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Good morning all,

 

I am sorry to be so cynical......(old habits die hard....!), but have you ever tried to get the Police interested in something which they do not consider a prority?

 

I rest my case......

 

BUT I do agree that something needs to be done! No, I'll modify that something MUST be done...any suggestions??

 

Best wishes everyone

 

Dougal

Update: 2013 Following our recent (9/7/13) hearing about Bank Charges at the Court of Appeal, and refusal to grant permission to Appeal; an Application has just (23/10/2013) been made for a fresh hearing and the Court Location is yet to be confirmed!

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I took my Morrisons ticket to the local police station - not for the ticket itself, but the Yellow Checkerd bag that suggested tampering with this ticket was an 'offence'.

 

Oh how they laughed! They agreed it wasn't the removal of the ticket that would be an offence, but the applying of it - as it was really 'littering'. Either way, the only advice was to disregard it and dispose of it properly. They were not prepared to take the matter further.

 

I used to get 5 tickets a month at my local Morrisons, as the attendant disliked where I parked my bike. I explained that he was entitled to his opinion but as my bike wasn't on his precious car park, he could whistle.

 

Not only did I never receive an RK request, but he stopped writing the tickets after the 8th ticket, and we now shout 'hello' if he's there when I arrive.

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  • 11 months later...

hi,

i knw this is a very old thread but i'll make things pretty clear.

 

i work for these so called clowns CP plus, at a morrisons car park.

morrisons DO pay cp plus an annual fee to have the car-park patrolled.

 

i wear a hi-visable car-park attendant coat so im clearly seen on the car park & patrol the car-park in putting car registration number plates into a hand held computer device.

 

the device informs me if a car has over stayed by the MAXIMUM 2hours free stay time allocated for the car park, which then u get an extra 15minutes on top of that, so technically you get 2hours 15minutes free parking).

 

i dont understand how you have recieved a ticket if you was only in the store for 10minutes, it should say on the ticket the time the attendant 1st seen your car and the time the ticket was issued.

my only guess could be that you previously came to the store earlier in the day and returned to the store with-in 3 hours meaning the attendant thinks your viercle has overstayed in the car-park.

 

The customers that shop in the morrisons where i work are regular and if they do intend to come more than once with-in 3 hours they will inform myself to avoild being issued with a ticket.

 

my advice is, if you think or know that you have recieved a ticket unfairly then by all means fight it tooth and nail, but i can assure you that many people think CP plus is a small company and dont pursue a £15/£40 fine, but in actual fact they do.

 

the car park attendant must of been a complete and utter ****hole

 

i only give tickets out if customers overstay by more than 2/half hours

parked in a resctricted area

causing an obstruction

 

if customers approach me who ive issued a ticket to i'll explain the situation & why the ticket has been issued, if they have caused an obstruction, parked in a restricted area or parked over 2 pays the fine will stay, if they have overstayed but have come and seen me, 9/10 i will voild the ticket there and then myself.

 

CP plus car park attendants like myself, dont earn any commision or get any bonuses on the amount of tickets we issue. we are paid £5.80 per hour and thats it.

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Since you're going to cut and paste, i might as well do the same...

 

'Pursue' as in send 5 or 6 bits of junkmail? They do that for every invoice (not a fine).

 

I'm not being facitious, but do you know the legal ins and outs of your tickets or do you just issue them because it's the job? Do you believe the things CP Plus tell you (do they tell you anything?) or do you accept that they just send out threatening junk to keepers and collect the cheques from the unenlightened?

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Good morning,

 

What a pity Anthony 1984 that you do not realise that by issuing the tickets you yourself are breaking the law.

 

I recommend a read of Sections 2 and 3 of the Fraud Act 2006 - the ticket has no validity in law and in issuing it you are deceiving drivers to pay a sum of money unlawfully.

There are no regulations governing parking enforcement on private land, BUT there are regulations governing the issuing of tickets I also recommend a read of Sections 3, 6 8, 9, and10 of the Forgery and Counterfeiting Act 1981.

 

I draw your attention to the penalties for persons involved, and strongly recommend consulting a Solicitor, specialising in Criminal Law, who will be able to advise you on your own precarious position.

 

By the way: According to the Bill of Rights 1689, British citizens cannot be fined if they have not been convicted in a court of law. Parking fines do not usually include an option to go to court, so if the legislation of 1689 has not been specifically repealed this also makes the parking fines illegal.

 

In the meantime, have a nice day!

 

As always

 

Dougal

Update: 2013 Following our recent (9/7/13) hearing about Bank Charges at the Court of Appeal, and refusal to grant permission to Appeal; an Application has just (23/10/2013) been made for a fresh hearing and the Court Location is yet to be confirmed!

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anthony1984 many thanks for your post. I drive aJaguar XJ8 which is just too long to fit into a "standard" parking bay eaven if I park right up to the car in the bay in front and I cannot use a parking bay if there is a car in the bays to either side as I cannot get out of my door!

 

I usually park a long way away from the store enterance and walk as there is less chance of getting your car side dinked.

 

He gave me a ticket ( invoice) for using two parking bays. I should have taken a picture with my phone befor a drove away but I was so annoyed that I just left.

Parking in two bays was acctually the front NS of my car was over the dividing line of the bays by about 10 inches. There was a barrier on my side (drivers) the bay in front was empty and the bay to the side was enpty so I couldn't see the problem. I had parked at the very end of a row at the end farthest away from the store.

 

As of yet I have not received any letters or requests to pay.

Thanks

Richard

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For info - can you clarify something?

 

If you only use the compuer to note the time elapsed, how does it know the start time (unless you go rouind having to input all the VRMs you say as an initial stage to this process?)

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hi,

i knw this is a very old thread but i'll make things pretty clear.

 

Should be interesting!!!

i work for these so called clowns CP plus, at a morrisons car park.

morrisons DO pay cp plus an annual fee to have the car-park patrolled.

 

More fool Morrisons.

 

i wear a hi-visable car-park attendant coat so im clearly seen on the car park & patrol the car-park in putting car registration number plates into a hand held computer device.

 

A High Viz jacket, that must make it all legal then, I have obviously missed that very important point.

 

the device informs me if a car has over stayed by the MAXIMUM 2hours free stay time allocated for the car park, which then u get an extra 15minutes on top of that, so technically you get 2hours 15minutes free parking).

 

And..............

 

i dont understand how you have recieved a ticket if you was only in the store for 10minutes, it should say on the ticket the time the attendant 1st seen your car and the time the ticket was issued.

 

Because the clown that issued the ticket does not know what they are doing, it is fairly obvious.

my only guess could be that you previously came to the store earlier in the day and returned to the store with-in 3 hours meaning the attendant thinks your viercle has overstayed in the car-park.

 

So what?

 

The customers that shop in the morrisons where i work are regular and if they do intend to come more than once with-in 3 hours they will inform myself to avoild being issued with a ticket.

 

Why do they feel the need to inform a guy with a 'high viz' jacket of anything, they must really have nothing better to do?

 

my advice is, if you think or know that you have recieved a ticket unfairly then by all means fight it tooth and nail, but i can assure you that many people think CP plus is a small company and dont pursue a £15/£40 fine, but in actual fact they do.

 

Really, can you give us cases that you KNOW about? Not what the company tells you. A person does not have to, 'fight it tooth and nail' just ignore all the rubbish your company sends them.

 

the car park attendant must of been a complete and utter ****hole

 

The temptation to expand on this comment is really overpowering.

 

i only give tickets out if customers overstay by more than 2/half hours

parked in a resctricted area

causing an obstruction

 

Well done you, any legal authority that you know off to back up your issue of tickets?

 

if customers approach me who ive issued a ticket to i'll explain the situation & why the ticket has been issued, if they have caused an obstruction, parked in a restricted area or parked over 2 pays the fine will stay, if they have overstayed but have come and seen me, 9/10 i will voild the ticket there and then myself.

 

Can you explain the legal authority you rely on, as a private company to issue fines to members of the public?

 

CP plus car park attendants like myself, dont earn any commision or get any bonuses on the amount of tickets we issue. we are paid £5.80 per hour and thats it.

 

Just about sums it up really.

 

regards

Please remember our troops, fighting and dying in our name. God protect them.

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we are paid £5.80 per hour

 

Minimum they can get away with so its a case of "pay peanuts get monkeys"

 

Still whats one more monkey in a troop of monkeys pretending to be a legitimate company who are [causing problems] money out of innocent shoppers

 

Out of curiosity Anthony1984 do they throw the high Vis Jacket as a bonus or do you have to buy your own :D

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CP plus car park attendants like myself, dont earn any commision or get any bonuses on the amount of tickets we issue. we are paid £5.80 per hour and thats it.

 

It's a mind numbingly tedious job isn't it?

 

I'd be down the pub all day instead.

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Hello

 

'we are paid £5.80 per hour and thats it.'

 

As a matter of interest Morrisons pay their lowest paid workers £6.59 per hour....:D

 

Need I say more....

 

As always

 

Dougal

Update: 2013 Following our recent (9/7/13) hearing about Bank Charges at the Court of Appeal, and refusal to grant permission to Appeal; an Application has just (23/10/2013) been made for a fresh hearing and the Court Location is yet to be confirmed!

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I drive aJaguar XJ8 which is just too long to fit into a "standard" parking bay eaven if I park right up to the car in the bay in front and I cannot use a parking bay if there is a car in the bays to either side as I cannot get out of my door!

 

Drive a people carrier so have a similar problem with spaces plotted out using a Mini as a template - just part of the [problem] to catch as many people as possible and yet another argument to add to the list should a PPC ever dare take it to court

 

The car park is there for motorists to use and marked out spaces should reflect the size of vehicles in use. Not suggesting every one should be big enough to accomodate a minibus but some intelligence is required by those planning the bays.

 

Here of course is where we run into a problem in that "is there intelligent life in a PPC" - probably more chance of finding it on Mars or Venus.

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Had a laugh with my motorbike once. Parked on the pavement near bins - in a Morrisons CP so not taking up a car parking space, and I got a ticket. (Duly ignored). Two months later, I parked in a vacant car parking space, and got a ticket (inappropriate vehicle). The following weekend I went in with my RV, and due to size used up 4 spaces. Got another ticket.

 

Took them all to the store manager, handed them over and said I'd had enough of this harassment, I'm off to ASDA in fitire. Strange thing was, I was never sent a PPC letter.

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  • 1 month later...

:mad:Last year I had a bad experience on motorway sevice with the CP bandits.

coming home from France with wife..Me in the van and wife in her car. We stopped and set the alarm for 90 minutes and in slightly less time than that set off again.

3 weeks later we received a demand for £80 EACH:eek: saying that we had been there for 2 hours and 58 minutes.

I tried to contact them without sucess, emailed but no reply. Then a serious demand arrived- money or else!!!! Wife went into a panic and paid them. £160 :(

No problems since until now. I trravel a lot and because of tiredness pulled into Exeter services and paid £8 charge (did'nt want a repeat)

Then I realise as you can only pay by card which I did then I realised they have my card details on file. I intend to contact by solicitor on returning home to take advice and possibly initiate an action against them

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Save your money with a solicitor.

 

What are you actually complaining about? You don't owe them anything - your wife (ill advisedly) paid the original invoices, so that matter is closed. The current one you talk of, you used your card to pay an £8 parking fee. This transaction is now complete.

 

Knowing what your CC number is is irrelevant - if they take any money from you for other (possible) parking issues, they cannot help themselves - if that is what your worry is. That is fraud, and your bank will reverse the amount if you challenge it. You could also say your card number has been compromised, and they can issue a replacement card with a new number, if you wish.

 

Nothing to worry about whatsoever.

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'Recoup' ? I'm not sure this was a question being asked, but even if it was - what do you base that premise on? 6 years to claim a debt perhaps - but this was a novice sent and the service paid for.

 

To later try to say actually you didn't agree with the bill, and didn't really mean to pay it and please can you have your money back, isn't going to cut it. Especially after the event.

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I also recommend a read of Sections 3, 6 8, 9, and10 of the Forgery and Counterfeiting Act 1981.

 

Interesting, I haven't seen that before. The advantage over the Fraud Act is that under that act there is no requirement for dishonesty.

Post by me are intended as a discussion of the issues involved, as these are of general interest to me and others on the forum. Although it is hoped such discussion will be of use to readers, before exposing yourself to risk of loss you should not rely on any principles discussed without confirming the situation with a qualified person.

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