Jump to content


  • Tweets

  • Posts

    • 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?
    • Steam is still needed in many industries, but much of it is still made with fossil fuels.View the full article
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Economy 7 off peak times


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4291 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Our supplier is Southern Electric, and last week I bought a home energy monitor. As we have an Economy 7 suppy I need to know the times when the supply switches from normal rate to low rate, and back to normal rate again.

The way I did this was to change a flex outlet feeding one of our storage heaters, to a 13 amp socket, temporarily disconnecting the storage heater (the heaters are off anyway, havn`t used them since early June).

I then plugged a table lamp into the socket then sat and waited.

As I expected, the low rate started at 10.30pm, and I thought it would stay on low rate till 5.30am. But that is not the case.

Although I didn`t sit up all night I found the following:

It was still on low rate at 11.15 pm

It was on normal (or peak rate) at 1.15 am

It was on normal (or peak rate ) at 2.00 am

It was on low rate at 3am, 4am, 5am, and 6.15am.

This means that anyone with an Economy 7 water heating controller may be paying peak rate for at least part of the night while the immersion heater is in use.

I have already reset our immersion heater controller to operate between 3am and 6am, but the point is that this sounds like a [problem]. How much over the odds have we been paying for heating our water at peak rate, when we thought we were using the Economy 7 tarrif?

And how many users are aware that the night rate is not 7 continuous hours of cheap electricity?

It seems that Southern Electric switch the night rate on so we can see that our storage heaters are warming up before we go to bed, and then get up to all sorts of tricks once we are asleep!

I realise that the storage heaters only work on the night rate because they are switched on by the radio teleswitch, but we are being charged peak rate for anything else used , for at least part of the night (supposedly Economy 7 period).

Is anyone else aware of this? I would welcome any comments.

Link to post
Share on other sites

I thought economy seven had set times usually between 1 am and 8 am in summer and 12 and 7 am in Winter. It can vary by area though, either there's a problem there (timer switch) or your meter is not economy seven. There are some less common meters types which as slightly different from E7.

 

I'd check it out with your supplier they should be able to check with the meter operator in your area to see if there are any regional variations.

The views I express here are mere speculation based on my experience. I am not qualified nor insured to give legal advice and any action you take will be at your own risk.

Link to post
Share on other sites

You're right indebtstudent. Just one point. Not all customers have their timeswitch set to the same times in tghe same area. Even on the same street it can vary from house to house. Most common times are 12.0am-7.00am, 12.30am-7.30am and 1.00am-8.00pm (GMT times). Think it means that there is less load on the national grid network at the same time.

Link to post
Share on other sites

Our supply is definately Economy 7. I checked the on and off times last night and this morning.

The supply switches over to night rate at 10.30pm and then back to day rate at 7.30am. so that`s nine hours, and as we only get seven hours low rate per night, for two hours each night the supply is running on day(or peak) rate.

Link to post
Share on other sites

You need to get the timer switch replaced, as this most likly is the fault, ask them to visit and change it, and bet you then see the differance. we on e7 and have no problems.

!2 years Tesco distribution supervisor

7 years Sainsburys Transport Manager

 

4 Years housing officer ( Lettings )

Partner... 23 Years social services depts

 

All advice is given through own opition, also by seeking/searching info on behalf of poster, and own personnel dealings.

Link to post
Share on other sites

We don`t have a time switch so there is nothing to be adjusted, or to go out of adjustment. The low rate switching is controlled by a radio teleswitch which is activated by a radio signal. Someone said on another forum that the 10.30pm start is probably to put some heat into the rooms before bedtime, and the 7.30am finish to do the same around breakfast time,but if that`s the case they should make it clear that there is a 2 hour period during the night when peak rate power could be being used.

Link to post
Share on other sites

Some E7 meters start at 10.30pm til 12.30am and then 2.30am til 7.30am. I would advise to call your supplier as they should be able to tell you the exact times. It also depends on what type of E7 meter, whether its a teleswitch or not. The case though is that the meter is owned by the distribution, not your supplier so they are not necessarily to blame as they would not have installed your meter and the same thing could happen whichever supplier you went to.

Link to post
Share on other sites

Thanks for that, That would tie in with the off and on periods I observed. I have no problem with that because nothing would be running between 12.30 and 2.30am (apart from fridge and freezer), as long as those on/off times are fixed, and not variable as someone has suggested.

Link to post
Share on other sites

It is unlikely that the E7 equipment is faulty - if you have a teleswitch fitted, then the timings are not 'set in stone'.

My E7 metering is controlled by a teleswitch, and the timings during the summer are supposedly

11:30pm - normal rate -> night rate

1:30am - night rate -> normal rate

3:30am - normal rate -> night rate

8:30am - night rate -> normal rate

However, because I go to bed late, I frequently notice the first 2 switching times out by up to about 30 mins, and sometimes multiple switching occurs with some 5 or 10 minutes between events.

My supplier tells me that this is normal! :!:

However, I believe that the total E7 time per night is arranged to always add up to 7 hours.

The upshot is that I cannot rely on the switching timings and make about 30 minutes allowance in the timers I use around the house. Alternatively, if I am manually controlling something, then I check the meter first.

Not all teleswitches are controlled to operate at the same time - there is a code on each one that signifies which encoding signal it operates with, and there are many. Each having slightly different switching times to spread the load on the electricity grid. I don't know if teleswitches in each geographic area have the same code, of if they are randomly distributed.

Hope this helps.

Link to post
Share on other sites

  • 2 years later...

I had a problem this week when the electrical company came out because all the heaters were not working. It was promptly fixed but then all the heaters started coming on a 10 p.m. and were hot by 1 a.m. We were used to them coming on about 12.00 and finishing about 7 a.m. As we did not want this extra heat at night, we tried not putting the heaters on until midnight but they did not trigger and so we had no heat the next day at all.We called the electricity company and they came out and the man admitted we had been given a 57 teleswitch whereas we should have had our normal 7teleswitch. The difference is we get a continous economy 7 through the night with a teleswithc no 7 whereas the 57 starts about 10 p.m. and goes on and off at various time during the night. I prefer the 7 because my washing machine and immersion heaters are on timers to take advantage of the low rate.

Link to post
Share on other sites

  • 5 months later...

HELP......

I just want to know what are time bands for Economy 7 ........I still don't know.

Firstly and not unreasonably, I contacted my supplier British Gas who told me to contact UK Power Networks as the supplier of the electricity.

Secondly, UK Power Networks referred me back to British Gas.

Thirdly I thought, I know- the regulator OFGEM should be able to point me in the right direction, their suggestion was to go to Citizens Advice - which I thought was a little strange, they in turn suggested I contact my supplier.

If I start to write gobbledegook, it's because I'm dizzy from going around in circles.

 

DOES ANYONE KNOW WHO I SHOULD CONTACT, I LIVE IN SUSSEX.

 

Thanks,

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...