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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. I'm not sure that I agree the reason why a barrister would say that, only to get new customers, I'm sure he must have had professional experience in this area that qualifies him to make that point. 🙂 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. Is it possible that a PPC (claimant) could 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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Never buy toilet paper again!


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Theyve got an offer on right now in B&M's. 3.99 for 24

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

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Theyve got an offer on right now in B&M's. 3.99 for 24

 

Bog Roll or KitKats :)

Any advice I give is honest and in good faith.:)

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;)

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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  • 4 weeks later...

***** SERIOUS HEALTH WARNING! ****

 

Using toilet tissue to blow your nose is not the cleverest thing to do health wise. I used to for years, and it can cause serious even fatal health issues.

 

Have you noticed the huge fine cloud of particles that become air bourne when you unroll and tear off bog roll? You probably wont notice it under normal lighting circumstances.

 

Everyone must have noticed it under bright sunlight. Or powerfull electric light. These particles we see with the naked eye, are only the larger ones. Their is real danger in the ones we cannot see with the naked eye. Especially those below 10 um in size.

 

What is the natural thing to do before one blows ones nose? Take a deep breath. Typically while holding tissue near face. Then blow nose. In so doing you are inhaling vast amounts of these air bourne particles / fibers.

 

Any one in the construction industry, or manufacturing (where dust is present ) will tell you that dust inhalation of any type, for any duration is strictly banned on health grounds. A Fairly recent thing, but for very good reason.

 

Not only is it potentially irritant, but any dust. Even seemingly benign dust can, through long term exposure potentially be carcinogenic, and or cause very debilitating, often fatal medical conditions. Including but not exclusivley: Asthma (and or exacerbation of pre existing), causation of mesothelioma, lung, esophageal, gastrointestinal, laryngeal, and pharyngeal cancers.

 

Typically, roughly half of many of the air bourne paper particles will be smaller than 10 um. Meaning that they readily cross into the blood stream, thereby travelling to all organs. These small particles go to the lungs, where they have access to the blood circulation.

 

That Is the primary function of the lungs. That is to act as a primary interface between our bodies and the outside world. This increases the risk of chronic cell mutation at any site in the body. These particles will carry with them whatever they are compounded with. Carcinogens, toxins or not. - See later.

 

SHAPE IS IMPORTANT:

 

What is increasingly, over the decades becoming acknowledged among the medical and scientific comunity, despite much industry and vested interest suppression, is that fibres of many substances not just asbestos, appear to have a far greater potential to cause cancer than particulates of other shapes, eg spherical.

 

WHAT IS PAPER? - A COMPOSITE, NONE THE LESS: PRIMARILY A FIBER!

 

Toilet paper, as does most paper, unless it is unbleached, non - dyed / inked / printed, and dioxin free. Contains by virtue of its manufacture other dangerous, proven carcinogens and or other substances that can pose issue to health.

 

These substaces are incorporated into the fibers that we breathe. There by allowing the active transport of them throughout our bodies. Bleaches inks and dyes are all well known carcingens as is dioxin all found in toilet paper. If you want to know what dioxin does to you Google: Dioxin, Ukrainian opposition leader Viktor Yushchenko. - An extreeme example. - None the less eventually proven, and true.

 

I am not trying to suggest that anyone should stop using bog roll. Or, that if you have used it for blowing your nose on occasion, that you will get cancer or ill. These issues are likley due to long term / chronic exposure.

 

Only that you should use it for its intended purpose, wiping your bum. Avoid breathing in the dust. Using it long term as I did to blow my nose, can cause problems. It hugeley exacerbated my hayfever / rihinitis, and induced / exacerbated my asthma. - Near instant reaction. In the season, Which is why I looked into it. In the season, I could often get through three or more toilet rolls or big boxes of tissues a day. If you don't belive any of the above Google it!

 

To blow my nose, I use proper tissues, - expensive, or as a cheaper alternative, Kithcen roll (what I use most, as I am a cheap skate ; ) ). Both appear to shed dramatically less fibers / dust.

 

On a humerous note, re the subject: Toilet Paper! Listen to this :

 

You Tube: The Macc Lads - Thinking In The Dark, Link:

: If you are easily offended, or dont like swearing, dont Listen. They are arguably the most viley crude, totaly non PC band ever on earth. But they are bloody funny! From 1.33 mins, pertinent to thread - And Totally Cracks me up! : )

 

I'm Logging out! Bye ; )

Edited by Zombe
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Alternative to toilet paper! Use a fluffy pup like a certain loo roll manufacturer seems to hint at in their ads ; )

 

Ever wondered why Rhodesian Ridge Backs have that chocolatey stained strip of fur going the wrong way up their backs?

 

- Because Bog roll can be in short supply in parts of Africa ; )

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Get with the times people, Baby wipes are ace, £1 a pack 60 wipes (soft and strong) and only need 2 pieces loo roll to dry yourself.

 

Even cheaper get a bidet fitted and hardly ever buy loo roll again.

 

George

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Baby wipes clog the sewer pipes, then you can land a hefty bill.

 

 

Zombe, I think the dogs you are thinking of is a "Rhodesian Brown Back" :p

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Your fingers go through the Baby Wipes (no that I've tried them like) I overheard someone saying it :oops:

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

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Pfft. Who really needs toilet paper anyway....

 

426063_296740277057794_398627079_n.jpg

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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renegade, wisn'ea you a overheard was it ??? :)

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Your fingers go through the Baby Wipes (no that I've tried them like) I overheard someone saying it :oops:

 

Can't say I've ever had this issue. But I've never bought the cheap ones. I buy whatever they have on offer.

 

With regards to clogging drains - I use nappy sacks and dispose of them in the bin.

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That poor rabbit is really in the crap now :razz:

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  • 1 month later...

I like Kleenex Triple Velvet but only buy it when it's on offer. Recently discovered Nicky toilet paper in Home Bargains at £2 for 9 rolls or £4 for 18 rolls. It's great, strong,smells nice, lasts OK etc. It was recently voted top for value in an episode of Superscrimpers when they tried it against a couple of supermarket basics plus Andrex. They said it's Waitrose who usually stock Nicky.

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  • 1 month later...
  • 9 months later...
Nicky supersoft, £1 for four!

 

Doesn't last long but still works out better than the stuff double the price

 

This is a cr*p thread !

 

The best toilet paper price and long lasting is the £1 for 4 rolls in Iceland. If you buy the Supersoft range, it appears cheap at £1 (sometimes for 6 rolls) in 99p stores, poundland, but it takes half a roll each time.

 

Another savings tip is the old fashioned way, use newspapers. Newspapers were always used for various types of cleaning. It does the job very well.

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  • 2 months later...
  • 1 year later...

I use a shattaff, so much more hygenic but not to be connected to mains pressure (most are not designed for that and will leak). You don't want a surprise enema of 60psi up the Khyber Pass - dangerous, ok on water from your Loft tank.

 

Have you noticed a dearth of bidets, never see them offered as part of bathroom suites any more. I heard tell that when your average pretentious Brit family discovered they were not for washing your feet...................*&&%^$$£%$^%$^

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