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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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Humbug; they've even stopped the Christmas £10 bonus!


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Just got my award notice telling me what I will be getting to live on from April 2012. My ESA is going up from £99.85 to £105.05, but I won't be getting any more because the top up payment I also get to make up for the drop in income I got when changing from Invalidity Benefit to IB, is going down by the same amount.

 

And for the first week in December a Christmas Bonus of £0.00 will be paid.

 

I used to get £10 every Christmas, but I suppose they are looking for ways of funding tax cuts for those earning over £3000 a week. What fairer way of funding cuts for the best off than in true Tory fashion by taking money from the worst off?

 

I won't be sending DC or NC a Christmas card this year.

 

No sure if its being stopped for all the other qualifying benefits, or just Contribution based ESA. There is no mention of it on my wifes pension award letter, and not as yet had letters about my DLA and Carers Allowance.

 

Its bad enough the way they are treating the sick and disabled, but his is just mean. What's next on the agenda, special squads of "officers" on housing estates to take sweets of the children of single parents?

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http://www.direct.gov.uk/en/MoneyTaxAndBenefits/BenefitsTaxCreditsAndOtherSupport/On_a_low_income/DG_10018704

 

Christmas Bonus Who is eligible?

 

 

To get a Christmas Bonus you must be a resident in the UK, Channel Islands, Isle of Man, Gibraltar, any EEA country, or Switzerland. You must also be entitled to at least one of the following benefits in the qualifying week (normally the first full week of December):

 

  • Attendance Allowance
  • Carer's Allowance
  • Constant Attendance Allowance (paid under Industrial Injuries or War Pensions schemes)
  • Contribution-based Employment and Support Allowance (once the main phase of the benefit is entered after the first 13 weeks of claim)
  • Disability Living Allowance
  • Incapacity Benefit at the long-term rate
  • Industrial Death Benefit (for widows or widowers)
  • Mobility Supplement
  • Pension Credit - the guarantee element
  • State Pension (including Graduated Retirement Benefit)
  • Severe Disablement Allowance (transitionally protected)
  • Unemployability Supplement or Allowance (paid under Industrial Injuries or War Pensions schemes)
  • War Disablement Pension if over State Pension age
  • War Widow's Pension
  • Widowed Mother's Allowance
  • Widowed Parent's Allowance
  • Widow's Pension

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Yes I looked that up to, but that would be what applies now (christmas 2011) and does not include the changes due in April 2012.

 

They do make mistakes though, I was told I hd been awarded DLA for Life and Dave said they would look after the most vulnarable in society.

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I may have jumped the gun, but the way this government seem to be intent on destroying all that my father and grandfather fought for, I am always thinking the worst. it may be that I'm going to get it in relation to my DLA or CA, and not ESA, just that it seemed strange to make a point out of saying I would be getting £0.00 as a Christmas bonus.

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Okay the way it was explained to me is that benefits are ranked. Highest ranked benefit pays the bonus.

 

In the game of Benefit Top Trumps ESA main phase (i.e. in WRAG/SG) trumps DLA. Whilst DLA beats ESA in assessment phases.

 

2010 I got a Christmas bonus paid by DLA.

 

Didn't get one this year so phoned up DLA. DLA told me that as I'm in main phase ESA it's they who pay it.

 

Called ESA who said no it hasn't been paid expect a call back.

 

ESA call back 1, No your not eligible as although you get both Conts and Income ESA it's the Income one that takes president so you will not get one.

 

Okay I think fair enough DLA premiums each week or £10 a year ~ no contest really.

 

ESA call back 2 (10 minutes later), Sorry we were wrong and you do qualify for it.

 

Next thing you know a notice arrives through the post saying Congratulations here's £20.

 

So the moral of the story is...... I don't know!

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  • 9 months later...

I wonder if her £10 was combined in with either her IS or CA is that possible? She says her payments for those vary from week to week so she never knows what will arrive. She certainly hasn't had an individual payment of £10 at all.

 

Did everyone get theirs as a separate individual payment of £10 or was their paid with their benefit?

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Got mine for the first time this year, it arrived separately.

I know I've asked a couple of times but am yet to procure an answer. Why is the bonus paid to CB ESA claimants but not to IR ESA claimants? I would have thought the latter needed it more.

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Mine was in with my regular payments

 

Did you get a letter saying it would be in with your payments or you just noticed the extra tenner so you knew it was there? And what was the payment it was included with? Only asking because I wonder if hers was the same benefit and she's just not aware of amounts like you. She's confused about her payments always.

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Did you get a letter saying it would be in with your payments or you just noticed the extra tenner so you knew it was there? And what was the payment it was included with? Only asking because I wonder if hers was the same benefit and she's just not aware of amounts like you. She's confused about her payments always.

 

I didn't get a letter. I wasn't even aware we had got the 'extra tenners' until this thread mentioned it. I went back to my online statements and saw that the payments were £10 more that week than they usually were. I hadn't even noticed at the time.

We hang the petty thieves and appoint the great ones to public office ~ Aesop

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