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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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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Council Tax Arrears - Final Reminder


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Hi all,

 

just had three letters today two demanding £168 for council tax arrears for old properties - This is fine. I was aware of these but just forgot to pay them.

 

The problem is one of these letters is stating I need to pay £635.71 for the remainder of my current property - I only moved in on 2nd October and even then it was empty for a week or so whilst moving my possessions into the new house. During the moving house process i had a visit from a "Council Officer" checking to see if the house was empty. I advised her we are just moving in and she took our details. She did say I would get a bill through and once I did I could set a direct debit up.

 

I have never recieved a bill and today I have recieved this final demand. I contacted the council and they were pretty unhelpfull and rude. The guy I spoke to said I have to pay about £800 before the end of the week otherwise I will be summons to court.

 

I said I cant pay all of that in council tax a matter of a week before christmas. He said he can only advise me that if I dont pay it I will be summons to court and extra fees added £63 / person.

 

I asked if I can have extra time and he said any extra time would mean we would setup an arrangement and that will also cost you £63 / person.

 

HEEELLLLPPP PLEASE XX

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Hi,I think you should try and find an hour to go down to the Council office and speak to someone there,rather than deal with this on the phone.

Tell them what you have said here-about the council visitor-they should have records.

The problem is that if the case is listed for hearing and you have done nothing,then you cannot rely on telling them about any phone calls.

If the hearing does take place I would advise you to attend and put your case forward.

Magistrates are restricted as to what they can do-but if its clear that theres been a mistake-and that you have tried to resolve it BEFORE the case,then you will be able to put something forward on the day.

Its worth telling the council that you will be putting in a request for a full SAR -assuming of course that you are CERTAIN that it will show some results for you.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Hi thanks

 

I went down today because i was angry with the guy i was speaking to and they said they will allow me to pay it monthly at 170 a month but are still charging me £65 and still going to summons me to court in the 1st week of jan

 

dont get it - they have not summons me know so why cant they leave it!

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Hi,I think you should try and find an hour to go down to the Council office and speak to someone there,rather than deal with this on the phone.

Tell them what you have said here-about the council visitor-they should have records.

The problem is that if the case is listed for hearing and you have done nothing,then you cannot rely on telling them about any phone calls.

If the hearing does take place I would advise you to attend and put your case forward.

Magistrates are restricted as to what they can do-but if its clear that theres been a mistake-and that you have tried to resolve it BEFORE the case,then you will be able to put something forward on the day.

Its worth telling the council that you will be putting in a request for a full Subject Access Request -assuming of course that you are CERTAIN that it will show some results for you.

 

This will be a liability hearing and unless you can show that you are not liable for council tax then there is no point in attending.

All the judge can do is stamp yes or no that you are liable, he can't assist with arrangements or take any notice of the ability to pay.

 

They will continue with the summons because it makes them a profit and it also gives them other powers such as attachment of earnings, bailiffs or even request a custodial sentence if you should default on the arrangement that you have made.

 

Just for info, councils in England made £200,000 profit from liability orders in 2007.

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This will be a liability hearing and unless you can show that you are not liable for council tax then there is no point in attending.

All the judge can do is stamp yes or no that you are liable, he can't assist with arrangements or take any notice of the ability to pay.

 

They will continue with the summons because it makes them a profit and it also gives them other powers such as attachment of earnings, bailiffs or even request a custodial sentence if you should default on the arrangement that you have made.

 

Just for info, councils in England made £200,000 profit from liability orders in 2007.

 

 

hiya

 

is that really the case about the profit, would the freedom of information act allow me to see what gains were made by my local council,

 

ive got a complaint in due to this attachment to earnings, and also do you know if there is other ways the council can trace people who havent paid a dime, via tax office, benefit agency etc ,

 

anyway good luck smorrissey - they will use the liability order to their full powers against easy targets that they can track down who earn

 

laters angel x

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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It certainly is true. The cost of a liability order is £3, but they call the other 'admin charges' to justify it even though it takes just four button presses including switching on the printer.

 

Liability orders are done in blocks on a spreadsheet and the judge just rubber stamps the bottom, he does not look at any of them individually unless someone turns up to dispute they have to pay any council tax.

 

You would only need to ask how many liability orders have been applied for (yours for the asking), to work out how much they have made.

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Thanks coniff

 

i might actually ask that in my complaint query,

 

how many liability orders have the council raised this year, and what was the cost for doing so

 

subtly add that its really a profit making excercise too again at the cost of the taxpayer and the council residents

 

if i remember we got 45.00 charged! its a profit making cash machine

thanks again

 

laters angel x

Edited by angel_1
added the charge

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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They will continue with the summons because it makes them a profit and it also gives them other powers such as attachment of earnings, bailiffs or even request a custodial sentence if you should default on the arrangement that you have made.

 

Just for info, councils in England made £200,000 profit from liability orders in 2007.

 

I.m sorry to tell you but the above info is WRONG. Our office have carried out a lot of research into this and have made many Freedom of Information requests.

 

Each council set their own rates and many of these are changed yearly with the combined amount for NNDR ( Business rates) being set at around £225.

 

Last year there were approx: 3 MILLION Liability Orders obtained !!!!!!

 

It is estimated that the amount raised by councils is in the region of £250 Million !!!!!

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I.m sorry to tell you but the above info is WRONG. Our office have carried out a lot of research into this and have made many Freedom of Information requests.

 

Each council set their own rates and many of these are changed yearly with the combined amount for NNDR ( Business rates) being set at around £225.

 

Last year there were approx: 3 MILLION Liability Orders obtained !!!!!!

 

It is estimated that the amount raised by councils is in the region of £250 Million !!!!!

 

 

hiya tomtubby

 

so what you are actually saying if im reading this right that the councils actually look forward to doing liability orders as it makes them huge profits?

 

so could i ask via the freedom of information request, (not sure about this only seen it on coucil house info paper) what exactly would my council have made from mine and others in the borough for jumping quickly onto this,

 

my complaint mainly is that i feel they jumped rather too quickly to process this,,, i just want to argue my case that this is a profit making excercise too for the council

 

just my thoughts at the moment, planning to do my compliant tomorrow and taking it in by hand so any feedback i would welcome from anyone

 

many thanks laters angel x

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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This will be a liability hearing and unless you can show that you are not liable for council tax then there is no point in attending.

All the judge can do is stamp yes or no that you are liable, he can't assist with arrangements or take any notice of the ability to pay.

 

They will continue with the summons because it makes them a profit and it also gives them other powers such as attachment of earnings, bailiffs or even request a custodial sentence if you should default on the arrangement that you have made.

 

Just for info, councils in England made £200,000 profit from liability orders in 2007.

 

 

 

 

I would suggest an FOI request to ask how many Liability Orders and the fees raised from them.

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