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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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      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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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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Losing weight when hypothyroid


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I've seen a few people mention thyroid problems so I thought I'd post my experience.

 

I've always been a comfortable size 14 - not skinny, but certainly not overweight either.

 

August 2010 had my usual annual check up at the GPs. All fine apart from my blood pressure is a bit high, but the nurse couldn't really suggest anything to improve it as I didn't need to lose weight, didn't smoke, ate healthily etc ....

 

17th December have blood tests to find out why I'm sleeping 14 hours a day and have put on 4 stone and discover my thyroid has failed completely. Thankfully the scan shows nothing nasty.

 

Because my levels were so low I had to start on a very low dose of thyroxine and it could only be increased every 6 weeks, so it took 6 months before I was on a proper dose, and in the meantime I'd gained another 2 stone. You can imagine what that did to my joints (especially my back) and my self-esteem.

 

10 months later I've succeeded in losing a grand total of 6 lbs, 5 of them within the last 2 weeks.

 

First I moved my vitamin and calcium supplements to the evening instead of the morning, since they can interfere with the absorption of thyroxine. Also, even if you eat a healthy diet, supplements are a good idea because some deficiencies also reduce how much thyroxine you absorb. Finally, I've started taking a separate folic acid supplement since extra folic acid helps your cells to actually use the thyroxine.

 

I hope the weight loss is going to continue, I'll let you know, but it's going to take a very long time.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Good luck with it all, RMW. My Mum has the same problem as you, only it's compounded by many more problems - heart condition, partial renal failure, diabetes........the list goes on! Some of the meds she has react with the thyroxine, so it's a bit of a delicate balancing act.

 

I understand about your loss of self-esteem - I too was six stones overweight a couple of years ago. I lost two stones, and I've kind of stuck there. I know I should do something about it before it's too late, and I will - tomorrow. Always tomorrow! Maybe I'll start my own thread on here and we can encourage each other.

 

It will be frustrating for you; you're at the mercy of the thyroxine to a huge extent - willpower will have very little to do with it. Keep your chin up and you'll get there. It may take a long time, but it'll be worth it!

 

Very best wishes

Janie xx

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Thyroxine works on a negative feedback system normally - so the higher the dose you take the less you produce yourself.

 

If they say you are producing none at all - how many micrograms have they prescribed?

 

You may find energy drinks can help, but higher doses of caffeine can make you feel irritable/anxious/paranoid and only offer short boosts often with an unpleasant come down.

 

Exercise is important and swimming is the least likely to injure anyone suffering sudden recent weight gain. The harder/longer you can try the more endorphins produced - making you feel happier.

 

Out of curiosity - buy a pack of non presciption non drowsy Sudafed and see if you feel a little better?

 

Joint pain can be greatly reduced by greatly increasing your intake of various oils - extra virgin olive oil being an easily available one that works well. If you can take 1/2 table spoonfuls of this twice a day - you shoukd know by day 2/3 at the latest if it works for you.

 

Keep in mind I'm qualified as a fitness instructor, not a medic.

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Wow! Thanks for all the excellent tips and advice. Maybe I should have posted on here 12 months ago.

 

Janie, totally agree my willpower has nothing to do with my weight. I can stick to 1000 calories a day for a month and gain 4 lbs, then go mad for a weekend and lose 2.

 

Bang, I'm on 125mcg which has put my levels at the top end of normal. 150 mcg put me over. My GP is absolutely rigid on not being willing to up my dose at all despite the fact that my current risk of heart disease and diabetes, because of my weight, is at least 10 times the risk of adverse effects from increasing the dose. We have regular battles on this subject since I maintain the 'reference ranges' are based on other people's normal level not mine, and he should be treating according to symptoms. The weight gain is unfortunately not the only one I still have, just the most visible.

I can't tolerate any caffeine at all, it gives me migraines and pushes my blood pressure right up, plus they're either full of sugar or sorbitol or aspartame, neither of which I can tolerate either.

I was exercising (fairly vigorous) 45 minutes a day, but had to stop when I slipped a disc. I will be having surgery shortly. What might the sudafed do? I already take fish oil supplements for my joints.

 

Gbarbm, I eat oily fish or shellfish at least 5 times a week. Unfortunately as my thyroid has failed completely, no amount of iodine is going to increase natural production.

 

Sillygirl, I shall certainly try the chromium. It's really quite annoying to have to sleep 2 hours every afternoon.

 

Again, thanks everyone for the input.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Sudafed is pseudo ephedrine, a stimulant and broncho dilator. However, it is sold as a non drowsy decongestant.

 

Its enough of a pick you up to supply a bit more energy, and the dilation in your lungs actually feels relaxing.

 

Both thyroxine and pseudo ephedrine get you a ban for competing in sporting events - as they offer an advantage. Weirdly the UK is one of the few nations to let you buy pseudo ephedrine in viable doses over the counter.

 

Out of curiosity (and cost benefit) try the EV olive oil for a few days to see how you get on. Its mainly used for fixing joint pain from doing >2/300kg lifts. Fish oil has more Omega 3/6, but one fish in three from the north see has a tumour from pollution when caught.

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Thanks for that - may have put me off fish for life!

 

However the sudafed is interesting. I shall investigate whether it's likely to interact with anything else I take and if not, give it a go.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Hempseed oil is a veg alternative to fish oils. Its quite expensive in most places - but Tesco sell it in 500ml black bottles called something like "Good Oil". It tastes good and has no other "active" ingredients!!!!! :D:D:D

 

Flax/linseed oil are good but more expensive options too.

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Chromium helps level the blood sugar and is particularly good if you are diabetic. Definately stops you going to sleep in the afternoon. As said take it at lunchtime.

 

If you are taking any tablets alongside thyroxine (I am on 50mcg but think it should go back to 100mcg) then leave at least 1 hour before taking anything else.

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I'm going to have to put off adding any drugs or supplements until after my surgery since I've already had the pre-op assessment and been told which I can/can't take before hand and on the day. I will be adding the chromium at lunchtime once I'm out of hospital, but the sudafed is a no go, it may interact with the blood pressure medication.

 

With all this keeping stuff separate from the thyroxine I'm going to be taking tablets 4 or 5 times a day soon!

 

Must check if the chromium will interfere with lunchtime meds.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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  • 1 month later...

I've been trying to lose weight for 17 years due to an underactive thyroid problem, last mid May (2011) I ended up in agony thinking I'd got appendicitis, was told it was possibly gallstones, whilst waiting 8 weeks for a scan I reasearched and totally changed my diet, I'd been blaming my thyroid for a few things that were diet related, 1 year later I have lost 3 stone (6 in total) with basic changes to my diet.

Skimmed instead of full fat milk, no pork (includes ham, bacon etc), brown instead of white bread and rice, no cheese, added cous cous to my diet and used more basic common sense..............................worst thing was no chocolate or coffee, changed to decaf and bought some 70% cocoa chocolate = you can only eat 1 square and then its sickening lol

Good luck with your surgery reallymadwoman

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I'm beginning to think diet is absolutely crucial for thyroid problems, but if I ate what you're eating Caz it would make me ill so maybe it's highly individual. Actually, what you are eating now is what I was eating when I gained weight every time I looked at food! I'm now only eating fish, chicken and vegetables. Luckily I can't stand sweet stuff. I've only lost another 1lb since the surgery but at least I haven't gained anything.

 

The surgery went really well and I'm getting better every day though I think I had rather unreasonable expectations of how quickly I'd be back in the gym etc - it's going to be at least another month then hopefully some exercise will get the weight loss going again.

 

I have also finally been referred to a consultant after some really weird test results and I'm now on liothyronine as well as thyroxine. I take the lion stuff, as I call it, at lunchtime and it's ended the after lunch crash, but it's fairly short acting so now I crash around 6 instead. It's early days though so it might improve when they increase the dose - this one has to be done really slowly as well.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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  • 4 weeks later...

A small warning for anyone else thinking of trying the sudafed.

 

I tried it for 3 days, taking 1 tablet 3 times a day.

 

I ended up still hyper at 4 in the morning and only getting 2 hours sleep.

 

Reduced to twice a day, managed 4 hours sleep. Now reduced to a morning dose only and seems to be OK.

 

It might be ok for anyone else since I do tend to overreact to most drugs.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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  • 2 weeks later...

I've been taking thyroxine for over 10 years now and have not noticed a problem gaining permanent weight. What I have noticed is that when I have gained weight it is much harder to lose it than before I became hypothyroid. After gaining extra pounds in the winter months, I find that I have to exercise and diet for three months before I see any changes. I take account of this now and have changed my winter diet - I no longer feast on traditional roast dinners, stews and casseroles.

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  • 1 month later...

I just came across something the other day when looking over slimming world stuff that mayhypothyroidism(1).pdf help

Please contact a member of the site team if you are offered help off the forum for a a paid or no win no fee service.

 

Please consider making a small donation to help keep this site running

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  • 5 months later...
I just came across something the other day when looking over slimming world stuff that may[ATTACH=CONFIG]37974[/ATTACH] help

 

I've only just found this for some reason. Unfortunately, because I don't produce any thyroid hormone myself, most of the information won't help me but maybe it will help someone else. I can confirm the gluten sensitivity thing though - I'm intolerant to gluten and most sugars, including lactose.

 

On re-reading this thread I can't believe how optimistic I was last June expecting to be back in the gym! I was at physio yesterday where they have basically given up because I am in so much pain I simply cannot do the most basic exercises. Constant limping has now also messed up my knee so I'll be having a scan for that soon. How many scans and x-rays do you need before getting an overdose of radiation?

 

On the positive side, anyone else tried the 5:2 Fast diet? I'm in week 4, have found it really easy to maintain and have lost 9lbs. Only 61 more to go!

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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  • 1 month later...

My wife (Thyroid problem) and me bumped into 2 old friends who looked a lot slimmer than when we last met them. They told us about the Horizon TV programme last August investigating about living longer and coined the phrase the "The Fast Diet' - look for the book in Costco or Amazon . We started in January and have both lost a stone (in a healthy sustainable way). Check it out, it's a live longer strategy rather than a 'diet' as such. Initially you lose a pound a week.

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