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    • Hi LFI, Your knowledge in this area is greater than I could possibly hope to have and as such I appreciate your feedback. In your point 1 you mention: 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. I understand the point you are making but I was referring to when the keeper is also the driver and admits it later and only in this circumstance, but I understand what you are saying. I take on board the issues you raise in point 2. Can a PPC (claimant) refer back to the case above as proof that the motorist should have appealed, like they refer back to other cases? Thanks once again for the feedback.
    • 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.
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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.

      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
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probably shreading everything they can:lol:

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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... individual does not commit any further tortuous acts, reserving the right to pursue both claims ....

 

Do they really say tortuous????

 

Very sad. Where on earth were they educated?

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They also say

Brand protection is another key issue RLP considers with its clients, given that they are largely household brands. Our Claims advisers, client services team and legal advisers liaise with clients whenever any issue arises which may affect a client’s brand.
That must be why "A Retailer - which dares not speak its name" - suddenly decided to ask for anonymity. Brand Protection - must be an example of Brand on the Run.
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Eventually, yes.

 

Remember that RLP don't take anyone to court - it's the retailers that have to do that. It's happened in a very tiny proportion of cases; RLP crow about some on their silly website. After one of their major clients, A Retailer, lost what appears to be the first properly defended case last week, I suspect that the chances of court action, already extremely small, is now even more remote.

 

It is confirmed for sure now that the mysterious Retailer who Shall Not be Named has lost?

[sIGPIC][/sIGPIC]

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It is confirmed for sure now that the mysterious Retailer who Shall Not be Named has lost?

Yes it is.

 

However, we will need to see the judgment to understand the reasoning.

 

It maybe that the judgment will also suggest a way that cases can be brought successfully - so peope should be wary.

 

Also, it is only a County Court case. It is not binding. RLP could decide to advise their clients to try again. However this would be risky because another cleint might not want to face the same risk of humiliation and of damaging their reputation in open court.

 

Of course, the real message is: Don't shoplift.

 

But to the retailers, the message is - let normal justice take its course. Don't get involved with Bounty Hunters - and even though it may seem to make some kind of economic sense, that is only in the short term.

 

In the end, Bounty Hunting won't reduce your shoplifting problems.

It only visits vengeance upon a very small number of individuals. It isn't appreciated by the majority of your brand managers.

 

If you really want to recoup your losses from each shoplifter you catch, then do it yourself. You don't need to muddy the waters by bninging in bounty hunders

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A bit more on what went on during the Oxford CC trial hearings: http://thejusticegap.com/News/a-fatal-blow-to-the-reeling-civil-recovery-industry/

 

A big THANK YOU from me to BankFodder, Martin3030, ScarletPimpernel and the many other Caggers who have travelled this long and sometimes bumpy road. I love you guys!

 

And, finally, a message to jonny46 (who was loitering on here yesterday!) and Frogboy, from one of my favourite songs, "Come on" by The Little Heroes:

 

Maybe we could still find a way,

To chip away at our mistakes (hey hey hey),

Live a life that gives,

Instead of one that takes,

Make this world a better place.

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Just to point out - still rather cryptically to our fellow Caggers - that we have accumulated some very curious IP evidence about Frogboy and about Jonny46 and we can safely say that they are not who they say they are - and they are not what they seem to be.

 

It became curiouser when one of them suddenly produced a court document which did not come from where it purported to come from and which - so far as we can tell - was in the hands of only a very few people at the time.

 

Curiouser still were the hack attempts against the CAG account of Myddleton - who is from the CAB - and which hack attempts came from a Virgin Media IP address based in Nottingham one Saturday afternoon.

 

All very odd.

 

I'd be grateful if everyone could refrain from ANY comments on these curious events - thank you.

 

We are wondering what to do with this information and we are talking with certain organisations about it.

 

We will give more details when we consider it is prudent to do so.

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If RLP do not take people to court then what happens to all the letters they send out. Do they just stop sending them?

 

"During the trial hearings late last month, witnesses for the high street shop told the court that RLP sends out some 11,000 civil recovery demands on its behalf every year (i.e. as many as 145,000 since 1998), of which some 60-65% go unpaid"

http://thejusticegap.com/News/a-fatal-blow-to-the-reeling-civil-recovery-industry/

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Cryptic crosswords and RLP both go well together since often it can be hard to find the real answers.

 

I noticed that their website has no references at all to the Oxford case,and still mentions a further case in Northampton in May ?

 

Will the Matrix be making a further appearance for this ?

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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I heard a rumour that Steven Speilberg is in talks with them over a possible film deal.

Leaked reports have indicated he was very impressed with their make believe storylines they have been using for years,

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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Martin, I don't think it's Lego, I think it's Cluedo, they've lost the plot.:madgrin:

 

Well there doesn't seem to have been any activity from RLP since May 1st, they must be busy with their lego set trying to build a new business model.
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I noticed that their website has no references at all to the Oxford case,and still mentions a further case in Northampton in May ?

 

 

RLP are being remarkably coy about the Oxford case, aren't they?

 

I should not be at all surprised to learn that the Northampton case of which they speak is a bulk issue case in which they hope to get a default judgment, which they will then use to suggest that the Oxford case was an aberration.

 

In fact, the Oxford case appears to have gone largely unreported in retail circles - but the fact that none of the big retailers who use civil recovery are suggesting that the outcome came as a surprise is interesting in itself. It could be, of course, that civil recovery is not a particularly big deal to many retailers, given its low success rate, and that the potential reputational damage may make them think twice about using it in future.

 

Even La Lambert, previously no stranger to issuing shrill defences of her company's antics, appears to be silent on the case - or perhaps the media don't consider her opinion of any interest.

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I contacted Guy Bell and said they might be calling him for advice on how to deal with image cleanups:lol:

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

This as a very interesting thread and if I may put in my two pennneth worth.

 

For sometimes I was responsible for preparing accounts for a small supermarket (Co-op), I am an accountant.

 

I understand vaguely about the point of law that says if the tort of conversion is committed the injured party can claim any damages incurred by that act

(please correct me if I am wrong here)

The problem that I see is, what exactly do those damages consist of?

 

I used to prepare cost analysis for these stores and security and shrinkage are included within their operating parameters.

 

In other words any costs incurred in handling these incidents are already paid for when you purchase your shopping. It is not an external cost..

 

This is why in my opinion the legal case will always fail,

the argument relied on as I understand them,

concern a business whose normal business activities were interrupted by an event which incurred losses,

it may be a sad fact but pilfering is a normal part of the business of the retail trade unfortunately.

DB

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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Have to agree, good post.:-)

 

HI

This as a very interesting thread and if I may put in my two pennneth worth.

For sometimes I was responsible for preparing accounts for a small supermarket (Co-op), I am an accountant.

I understand vaguely about the point of law that says if the tort of conversion is committed the injured party can claim any damages incurred by that act (please correct me if I am wrong here)

The problem that I see is, what exactly do those damages consist of?

I used to prepare cost analysis for these stores and security and shrinkage are included within their operating parameters.

In other words any costs incurred in handling these incidents are already paid for when you purchase your shopping. It is not an external cost..

This is why in my opinion the legal case will always fail, the argument relied on as I understand them, concern a business whose normal business activities were interrupted by an event which incurred losses, it may be a sad fact but pilfering is a normal part of the business of the retail trade unfortunately.

DB

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In other words any costs incurred in handling these incidents are already paid for when you purchase your shopping. It is not an external cost..

 

 

You know this, we know this, retailers know this and I suspect even La Lambert knows it.

 

Civil recovery, as it was first proposed by Prof Josh Bamfield, was designed to recover costs from convicted thieves. It was only after La Lambert became the owner of RLP that anyone suspected of wrongdoing, or who had made an innocent mistake, or who was vulnerable by virtue of learning difficulty, mental health or age became targets, and this was picked up by the other companies that are involved in civil recovery. In other words, they saw a potential source of easy money - no need to bother with all that pesky evidence and boring stuff like proving your case - just send some threatening letters and a percentage of people will pay up. It works, to an extent, and retailers got a cut - money they otherwise wouldn't have. It has nothing at all to do with crime prevention or deterrence, though - the shoplifting stats prove that. No, it's only ever been about money.

 

In the big scheme of retail things, the amount of money generated by civil recovery is tiny. The potential damage to a retailer's reputation that can be caused by bullying methods of civil recovery is significantly larger, and retailers will no doubt weigh the advantages and disadvantages up when deciding if civil recovery is worthwhile.

 

Currently, I suspect that a number of retailers may be deciding that civil recovery as it is currently practiced has outlived its useful life.

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