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

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Knobbling MPs and Wannabes


phoenix11
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Although Parliament has been dissolved, MPs are still in situ and the wannabes are gearing up to grab what they can......

 

Is this not a really good time to be emailing our MPs to lobby like there is no tomorrow to create as much of a tsunami over the way the banks have increased not just their bullying but refusal to comply with the Banking Code, and to bring people to their knees???

 

Also, contact the wannabes - they may not be MPs but they've got a voice and they can lobby on behalf of their prospective constituents.

 

Sitting back to wait and see who gets into power is pointless and a waste of time, IMHO.

 

All those who've had their benefits stolen, who have been refused assistance as hardship cases, are being taken ever nearer towards bankruptcy or who's lives are being ruined by the banks refusal to be reasonable and assist as much as possible have absolutely nothing to lose, and everything to gain by making this now one very very big issue.

 

The country's recovery is going to be more blighted by the increasing spiral of debt and misery by the banks who have caused this massive problem in the first place, far more than any increase in NI.

 

Please - get writing, get emailing - make this a major issue which needs raising again now!

  • Haha 1
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To start you all off, here's a list of MP's and Lords with their email addresses

 

UK Parliament - Alphabetical list of MPs

 

Lex

Please help us to help you. Download the CAG tool bar for free

HERE and use the search option for all your searches. CAG earns a few pennies every time !!!

 

Please don't rush, take time to read these:-

 

 

&

 

 

This is always worth referring to

 

 

 

 

 

Advice & opinions given by me are personal, are not endorsed by the Consumer Action Group or the Bank Action Group. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Great idea this, I'll make it a sticky. :D

 

Lex

Please help us to help you. Download the CAG tool bar for free

HERE and use the search option for all your searches. CAG earns a few pennies every time !!!

 

Please don't rush, take time to read these:-

 

 

&

 

 

This is always worth referring to

 

 

 

 

 

Advice & opinions given by me are personal, are not endorsed by the Consumer Action Group or the Bank Action Group. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Thank you - I had a mild heart murmur when I couldn't find it at first.

 

:p

 

Here is another link for emailing:

 

WriteToThem - Now write your message to Lord Mandelson, House of Lords

 

Given that Lord Mandelson has already cited Bob Diamond of Barclays bank, emailing him with specific examples of that bank, or any other where there is a clear refusal to work within the banking code, and to demonstrate any bank's refusal to help their clients in difficulties has to be a good thing.

 

To email specific MPs, just use the They Work For You website and find your own MP.

 

I've written a letter to David Cameron and Nicholas Clegg as leaders of the opposition parties.

 

Note the instructions on that website - to use your own words - tell it like it is for you, giving chapter and verse of what you have been put through.

 

It's also only going to have an impact where people can demonstrate that they've tried everything to sort things out with a bank, are on benefits which have been misappropriated, or have had charges on charges on charges etc, not anyone who simply disagrees with the Supreme Court ruling.

 

This is your opportunity to talk about you - the deprivation, the distress, the affect on your health and degradation of you as a person.

 

The effect on the economy - the need to apply for any Crisis Loans to refund the benefits stolen, the impossibility of ever climbing out of debt - being driven to bankruptcy, as applicable to your own personal case.

 

Give factual details if at all possible.

 

Let's go for it.

 

:D

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The only draw back at the moment is 100 or so MP's wont be standing for re-election coz they were allegedly caught with their fingers in the bag of penny's, if yours isn't on the list, not to worry.

The BBC are going to publish a list of all candidates soon, I'll update this thread when that happens.

 

Lex

Please help us to help you. Download the CAG tool bar for free

HERE and use the search option for all your searches. CAG earns a few pennies every time !!!

 

Please don't rush, take time to read these:-

 

 

&

 

 

This is always worth referring to

 

 

 

 

 

Advice & opinions given by me are personal, are not endorsed by the Consumer Action Group or the Bank Action Group. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 2 weeks later...

I've had a response from the Conservatives - but I can't seem to find where I've put it.

 

Much along the lines of splitting the banking system of the day to day commercial banking from the big, investment-risk stuff.

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For anyone who has written to their MP and not received a response (and they are still MPs until the die is cast) here are some suggestions from the WriteToThem team:

 

What should I do if my MP (or other representative) doesn't reply?

 

There are lots of things you can do to follow up your enquiry if you get no reply, or an unsatisfactory reply, from your representative.

 

See your MP or other representative in person, raise your issue with them at their local "surgery". Call your MP's local constituency office or your representative's party office to arrange this. You can find the number in your local phone book, or on your MP's website.

 

Make sure you have taken all other courses of action to raise your issue, or to get your problem solved. For example, contact the relevant central Government department, and relevant officers at your local councils. Ask your local Citizens Advice Bureau for advice.

 

Write a letter to your local newspaper about your issue, and your dissatisfaction with your MP, MEP or councillor.

 

Write a letter to your other representatives, such as your MP, your local councillors, MEPs or regional representatives, if appropriate. You can do this for free using WriteToThem.

 

Complain about your representative to their local party. Contact the local party office. The local party has the power not to select your MP as a candidate for the next General Election.

 

Use PledgeBank (www.pledgebank.com - made by the same charity that makes WriteToThem) to gather a group of people with the same issue as you, and solve the problem together.

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Not sure what you mean, Marlonnice.

 

Found the letter - here are some snippets - but these are just from the letter and nothing to do with what I personally believe - just what one party is saying:

 

... a Conservative Govt would introduce a new levy on banks ......... There is already international support for such a a levy. In America, Pres Obama has announced plans for a 'responsibility fee'.................

 

And in Sweden, banks and other credit institutions have been paying a 'stability fee' since 1999.

 

......... we should also look closely at Pres Obama's recent plans to separate retail banking from activities such as large scale proprietary trading.

 

..... case for this sort of reform and that is it best done internationally.

 

 

... abolish the FSA...give responsibility for ensuring financial stabilityto a strong BoE ..........

 

... create powerful new Consumer Protection Agency which will have responsibility to protect the consumer. At the moment these are confusingly divided between the FSa & OFT. We will place them in a single powerful body able to stand up for consumers and ensure they are treated fairly.

 

Much of it is electioneering and the big stuff seems to be about who blinks first with swipes at the bonus culture and personal greed of the banks.

 

But the last bit IS something that should be happening for consumers. The FOS is a shambles at best with no clarity or consistency in its approach or treatment of complainants, OR of personal interpretation of the law which they should NOT be doing.

 

The law/ rules are laid down and the FOS has NO business in deciding on an individual adjudicator basis which rule or law may or may not be applied according to how they feel.

 

 

So - there may be a bit more ammo in that if anyone cares to use it.

 

You have nothing to lose - write to them!

 

:D

Edited by phoenix11
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splitting the banking system can make investment-risk stuff... All those who've had their benefits stolen, who have been refused assistance as hardship cases.

 

;)Another post from this newbie that doesnt make sence, not very helpful. On my thread he said maybe my father did not go to court because he didnt abuse me. Forgive me but I was there;) Were you poster? An expert at 'it' according to profile, but of anything else? Posts make me wonder.:eek:

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old friend of mine, thomas scotts running for election tho i doubt he'll get a seat (seen as hes running as mad c'ptin tom) ill try talking to him again sometime

Please note:

 

  • I am employed in the IT sector of a high street retail chain but am not posting in any official capacity,so therefore any comments,suggestions or opinions are expressly personal ones and should not be viewed as an endorsement or with agreement of any company.
  • i am not legal trained in any form.
  • I have many experiences in life and do often use these in my posts

if ive been helpful kick my scales, if ive been unhelpful kick the scales of the person more helpful :eek:

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  • 2 weeks later...

Well, now the dust has settled, this would be an excellent time to start writing to MPs about the changes to the banking system to include forcing the banks to drop their charges to a much more reasonable level, have much clearer information on how they work and on consumer rights, to have to work with people in hardship and not just shove their accounts around to DCAs, and to have a much more strident accountable body to oversee the complaints.

 

If everyone sits back and waits for the next person to do something, nothing will be done.

 

If even a few of the members of the CAG kicked the ball off by writing to their MPs then hundreds of letters/ emails could go out within days, or even hours!

 

The banks are going to be edgy - they do not want to be interfered with as per the manifesto proposals - so now is a very good time to pile on the pressure for positive change for the 'basic' consumer.

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  • 1 year later...

Excellent thread Phoenex11. We still have to keep the pressure up so keep writing to your MPs, and there's a petition to Government here that needs our support.

 

http://www.consumeractiongroup.co.uk/forum/content.php?785-Re-Bank-Charges-Campaign-Continues

 

Please folks, don't leave this to everyone else. Demand action from the people who have been elected by us to look after our best interests.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 2 years later...
  • 2 years later...

And here is a list of MPs from the last General Election. No changes have been made since Theresa May took over, I think.

 

 

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?438-Members-of-Parliament-contact-details-1.6.2015-including-Twitter

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5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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