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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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bought used car, now broken down


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hi there

 

just over 3 weeks ago I bought a 2004 Audi a4.Igot an AA inspection carried out, for piece of mind. Now, I LOVE this car. I have wanted one for ages and am so pleased with it...... well I was until the oil pressure light kept coming on and beeping at me. to cut a long story short the oil pump in the sump is broken and the repair bill is almost £900!

 

I have contacted the dealer to explain the problem and told him I dont want to return the car (not that it can drive anywhere anyway - its stuck in the garage until parts come)

 

I would much rather deal with it on a "friendly level" rather than making threats. what are my rights? should I be looking to reclaim the entire cost of repair or is this un reasonable? Im waiting to hear back from the dealer, but would like to not sound like a gibbering idiot when I do!

 

should also mention that the AA insection does not cover the part which is faulty.

 

any ideas on how to proceed would be great

 

many thanks

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You must give them the opportunity to repair the car, which they can insist they do, they will have to recover it. or with their agreement get it repaired locally and they will pay, but doubt they will do that as it will cost them more; alternatively reject the car, not fir for purpose and ask for money back.

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Thanks for the reply

 

Sorry, I left out quite a major piece of info in my opening post. I am in Essex but I bought the car from Scotland. as the car risks the Engine totally seizing if it is driven it would have to be taken on a low loader all the way back to return to the seller.

for that reason I dont think he will want to recover the car.

 

really hoping he will stump up for repair

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Would you like to name the dealer Alex (or give very good clue) as im' presently prepairing a dossier on a dealer who repeatedly rips the public off here in Scotland, and intend to give my findings to the authorities. If dealer offers to repair, then fair enough, but the one i am thinking about will try and wriggle out of their responsibilities. What warranty was given with car? Mind you, it's very difficult, if not impossible to know when an oil pump is going to pack up. Best wishes.

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I would first take it to a reasonable sized garaage and ask them to test the oil pressure before condemning the pump. The pressure switch could just be faulty.

 

You do need a garage that can remove the switch and put a test guage in it's place.

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strangely, my Seat Leon which this car was bought to replace has a dodgy oil pressure switch, so I thought I was jinxed and history was repeating itself! faulty switch was my own first thought.

 

I took it to an audi main dealer on tuesday, where they have done diagnostics on it and the oil pump is the problem.

 

they are keeping it there waiting for parts. if I end up out of pocket doing it myself, thats what I will have to do. I cant be without a car for work and am getting by for a few days with lifts to the office and train journeys to meetings. Added problem that I have 3 kids and its the school holidays!!!

 

thank you for the offer to name and shame, although I dont think it will be the same dealer, this is a small independant? I would like to give it a chance to sort it out amicably first. there was no warrenty given with the car, although what I have read seems to say that the sale of goods act covers you for 4 weeks at least........ it all seems a fairly grey area.

 

the car cost almost £8000, so its a fair sized percentage to put on the price. to make matters worse I saved and bought it outright so as you can imagine the final push has drained all reserves for such a big repair bill

 

thanks for all your suggestions and advice

 

Alex

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A car valued at £8000 should surely have a warranty. If vendor won't pay for all repair costs then you have an excellent case under SOGA, which is fairly straight forward. By sending car to local Audi dealer, unless by prior consent of vendor, you may have invalidated any chance of claim under SOGA. You can only hope that a letter from Audi dealer will convince dealer to pay up. Because you chose Audi agent, who use a phone book to get numbers to put on invoice, you may well find that if vendor offers anything at all, it will be what an ordinary garage would have charged to supply & fit new pump. As a last hope---long shot, you may get help from consumer direct under "Car not fit for purpose". Keep us posted as to how you get on.

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I know what you mean about the prices:eek:

 

We didnt even think about the permission from Vendor. the oil light was on, so was the engine management light, the car couldnt be driven at all. I have left it at a place near my work as I couldnt risk driving it home. As I said, I really cant be without my car for work and needed it fixed ASAP

 

To be honest, everything has been so busy and I love the car, It was only that evening that I realised I had only had it 3 weeks!

 

had it been a faulty switch, I would probably just have paid up.

 

He still has not got back to me 2 days on now, so not looking very good.

will keep you updated on how I go.

 

Thanks again

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Hi all

 

finally got a reply......... but it was not good. A lot of abuse and then he hung up on me!

 

he says being in the motor trade for 20 years he knows his rights and that Im not due a penny.

 

Happen to have a friend at the company I work who has a degree in law who said he will take it on for me BUT, consumer law is not his thing, let alone cars! he does at least know how the system works

 

So, opinions folks! before I throw a lot more time and money at this, do you think its worth doing?

 

many thanks

 

Alex

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Sorry Alex, I am a sceptic and don't trust dealers any more that the man under the railway arches, I was too long in the business.

 

They should have given you a chart starting at tickover and then up by 1,000 to running speed at about 3,000 revs.

 

They want the business as does anyone now. Personally, I would go in and ask to see the equipment they tested it on and ask 'how' the test was conducted.

 

I know that all mechanical things can fail including oil pumps, but they are rare as they are so swamped in oil. It's usually wear on the end plate and the replacement of a shim to a thinner one or a rub on an oilstone is usually all it requires.

 

Pressure switches on the otherhand are ten a penny and not reliable.

 

Before you condemn it and take out a remortgage to pay for this new oil pump, I would want to be certain that is what it is.

 

I believe that the seller is responsible, but if you should end up having to fork out the money from your pocket, first I would go to Halfords and buy a capillary type oil guage and remove the pressure switch and screw this on in it's place. They usually come with an adaptor so that you can screw the pressure switch back in.

They are accurate enough to do the job.

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ah... good to see a fellow sceptic.

 

I too didnt quite believe it myself, but searching for possibilities I found it was a common problem for this engine and car to have the oil pumps fail. something to do with the build of the engine and the oil getting too hot against the turbo, it causes the oil to become gunky (for want of a technical term!) and ruin the pump. In America it is seen as a fault and the engine has a warrenty of 8 years....... unfortunatly not in the UK.

 

only synthetic oil should be used and regular oil changes are needed.

 

I also phoned the Audi dealer closest to my home to talk to him about the verdict and he was confident it was the problem. The pressure switch should not cause the engine management light to come on.

 

thanks for your input, it is much appreciated

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No warranty at all.

 

It has not come from a main dealer, but an independant place that offered no warranty. not knowing about cars I thought I was being clever getting the AA to do a full check on it but they only check what they can see (parts wise).

 

I thought i had taken all the steps to be a clever car buyer, but it turns out thats not the case. Did the HPI check and the VOSA checks.......... didnt get me anywhere, just cost me more money.

 

On that note, Im going to go for it! He ignored me for well over a week, emails and calls. Strangely an unknown mobile number to call rather than my own home, office or mobile and he is there after all.

 

Will keep you up to date on how things go. in the meantime, if anyone has anything to add that may be of use I would be very grateful

 

thanks again

Alex

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Alex, i can assure you, you do have some protection. It is impossible for a dealer no matter what size of operation to sell a vehicle without some protection for the customer, even if the dealer emphasised that the car was "sold as seen". Never mind £8000, it would apply to £800. Have you been in touch with TS or Citizens Advice?

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not as yet, But it is my next step.

 

I wanted to give the dealer a chance (thinking he may of been on holiday) but Friday was the first day I spoke to him. I thought I would try calling consumer direct as a first port of call and see where I go from there.

 

he seems to sell allsorts, from fiesta's to ferrari's, but does not offer a warranty. In fairness to him, he wasnt to know there was a problem but that does not excuse his behaviour since finding out. I hadnt even demanded 100% of the bill, just ask that he call me to discuss coming to an agreement between ourselves

 

thanks

Alex

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There will be some sort of warranty given the time you've had it. In the first instance do check the oil pressure switch. They are notorious on Volkswagen Audi Group engines for failing. Tell tale signs are puddles of oil under the car.

 

Secondly, get it to a reputable garage. Can you say where in Essex you are as I can recommend some who will take it on and look after you.

 

Thirdly, if Audi have a service campaign for this failure in the states, it is highly likely it exists around the world. I have a contact at VAG UK who will confirm. It seems like the BMW bore wear problem which they obviously denied but fixed anyway.

 

Otherwise, as Scania suggests reject the car.

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Alexandra, your story is very similar to my own! I bought a 2002 Kia Sedona on 17th July from a garage in Halifax, about 25 miles from my home. It broke down in the outside lane of the motorway in pouring rain on the way home from collecting it! I thought initially that it was out of fuel, so sheepishly called the AA and got towed off the motorway to a filling station.

The following day (Saturday) it kept losing power and overheating, spitting hot water everywhere, so I called the dealer. He swore it had been perfect all week and that he’d been running around in it, and asked me to take it up to him on the Sunday.

Sunday, I checked the oil and water and set off. It behaved perfectly! All afternoon, he had it running, had me driving it around town trying to reproduce the fault and nothing! On the way home, it broke down again, same fault. I called him and he refused to do anything, saying to drive it home and take it a local garage Monday morning. The garage was one he recommended.

I left it with them, and had a call later to say the cylinder head gasket had gone. I called the dealer, he asked me to pay half, I told him I couldn’t because I had no money, so he said he’d “sort it”. After several attempts to speak to him that day I finally got hold of him about 7.30pm. He said he’d arranged to have it collected by his local garage and he’d get the job done cheaper.

I begrudgingly hired a car. Fast forward 2 weeks, I collected the car from the garage; the dealer again asked me to pay half. I told him I couldn’t, and that either he paid or just gave me a full refund and I’d go buy another car. He mumbled something about it having been done, and off I went.

A week later, it broke down AGAIN! We were about 40 miles from home, late at night, freezing cold, with all the kids in the car. I got the AA to recover us home again. This time there had been a rattling then smoke poured out from under the bonnet.

I called him the following morning to tell him what had happened, and saying that under the SOGA I wanted to reject the vehicle. His response was that the SOGA was b@ll@cks and that he’d just spent £400 on a repair. I was at my wit’s end so arranged to have it repaired locally.

It’s still in my local garage, fuel injector was apparently blown and am now faced with another £500 repair bill. In the five weeks I’ve owned the car, it’s been on the road a week. I work 40 miles from home so can’t get to work without a car. Does anyone have any suggestions as to how I should proceed? I paid £2,495 cash.

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Hi all

 

just to update really. The car is fixed and running perfectly! very thankfull to have the car back.

I wanted to thank you all for your offers for help and ideas re. a garage, please dont think I have ignored it. I weighed up my options taking into account the diagnostics I would have to pay for at the origional Audi garage, cost of moving to another place and time without my car and decided to go ahead with the repair where it was. if I had wanted to keep the option of rejecting the car, I couldnt of used it. added problem that I have holiday booked to visit family and further delays would of forced me to hire a car. Of course repairs have been paid for by myself.

 

I have sent another letter to the dealer that sold the car but have yet to recieve any repy. I have said I will pursue it through the court if required. I have sent copies of the invoice and given until Friday for a response.

As Im a member of the RAC I called them and they were quite helpful. I realise that he should of been given the option to fix the car himself or nominate a garage, but as he was at first ignoring me and then refuses to accept any responsibility I felt I had no option but to proceed with repair and then reclaim costs.

 

will let you know how I get on, but as it stands it looks like I am going down the long messy route to recover some of the money.....

 

Scarlett - I really feel for you and hope these lovely people can offer you some great advice too! will be very interested to see how you get on

 

alex

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Thanks Alex. Glad you're sorted. I'm lucky that I can pay the bill and chase the dealer later; I'd have been in a fix if that wasn't an option! Consumer Direct were less than useless, telling me to give him the car back and put everything in writing. Meanwhile, all I was wondering was what the heck do I drive in the meantime? :)

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