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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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      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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my son and my support - RLP letters


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My son (who is under 18)

admitted to me that he had done something he regrets

and questions himself why he did it in the first place!

knowing it was wrong …

 

. I have read the letters from RLP that were sent directly to him,

and frankly i am disgusted they are allowed to operate the way they do,

scaring young kids into parting with cash! and being persistent,

is in my opinion un-just.

 

I have told him not to worry and give me all the letters that come in future.

 

I intend NOT to part with any cash and take full responsibility! if thats allowed!.

 

In my opinion this should have been dealt with in the store by calling the police at the time this took place,

and get them to deal with it in a respectable way (maybe for a first time offender,

just to frighten them or something like lock them up and call the parents to pick them up from the station).

 

For his sake and mine (as i am now getting letters from RLP)

 

i hope this all blows over and hope/think he has learnt his lesson…

 

He is now worried about this affecting his job prospects or word getting to an employer that he did such a silly thing.

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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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My son (who is under 18) admitted to me that he had done something he regrets and questions himself why he did it in the first place! knowing it was wrong …. I have read the letters from RLP that were sent directly to him, and frankly i am disgusted they are allowed to operate the way they do, scaring young kids into parting with cash! and being persistent, is in my opinion un-just. I have told him not to worry and give me all the letters that come in future. I intend NOT to part with any cash and take full responsibility! if thats allowed!. In my opinion this should have been dealt with in the store by calling the police at the time this took place, and get them to deal with it in a respectable way (maybe for a first time offender, just to frighten them or something like lock them up and call the parents to pick them up from the station). For his sake and mine (as i am now getting letters from RLP) i hope this all blows over and hope/think he has learnt his lesson… He is now worried about this affecting his job prospects or word getting to an employer that he did such a silly thing.

 

 

 

Good for you.

 

It has long been our position that the police and criminal justice system are the correct authorities for dealing with shoplifting, and that there is no place for a business, motivated solely by profit, to act as judge, jury and executioner.

 

It is all the more unfortunate that the companies involved in these grubby enterprises use what the Law Commission called 'aggressive and misleading' tactics to try to coerce people into paying their speculative invoices.

 

You will see from reading here that RLP cannot do any more than send letters, and that retailers very, very rarely take court action. Eventually RLP's letters stop; there's no need to engage with them in any way.

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Tell jackie i said hi ;)

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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Hi and welcome to CAG

Congratulations for sticking up for your (and your son's) rights. Have you given him a clip round the ear yet?:lol:

 

I'm sure that you will get lots more letters. If you haven't responded to a letter, I happen to think this simple one liner:-

 

Any liability to either you or any company that you represent is denied

 

should be sent. I believe that where RLP get no response whatsoever, they think they may get a CCJ by the back door. By sending the letter, they know that you will fight them. They do send a few letters plus one or two from a pet lawyer followed by debt collection letters from Debt Recovery Plus who soon scuttle back in their hole once told to 'do one'

 

He is now worried about this affecting his job prospects or word getting to an employer that he did such a silly thing.

 

This database they use can only be accessed with your sons permission. He was not arrested or cautioned therefore there is no criminal record. These are just scare tactics.

 

Stick to your guns and you will soon see them off.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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Write back telling them to eff off and that any further contact will be considered as harassment and remedied by laying a complaint to the police and taking civil remedy.

They cant get a CCJ against your son as he is too young to take to court and neither he or you owe these bandits a penny.

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Write back telling them to eff off and that any further contact will be considered as harassment and remedied by laying a complaint to the police and taking civil remedy.

They cant get a CCJ against your son as he is too young to take to court and neither he or you owe these bandits a penny.

 

That isnt wise with jackie. The golden rule with her is you never get into letter tennis. Have a read of more RLP threads and youll see why i say this.

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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Unfortunately, the woman who runs RLP takes a personal interest in cases (it's a very small company), and does not act in anything approaching a professional manner, in my view. Some people might conclude that their correspondence isn't always entirely rational or truthful. Consequently, unless you like wading through reams of circumloquacious pseudo-legal drivel, correspondence is not recommended. In some cases a very short denial of liability is useful, but not in this case.

 

It goes without saying that telephoning is unwise.

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Thanks, for all the replies, will wait and see what comes of their letter writing. All this was for an item that cost less than £10 which they recovered and there was no loss to the store. the number of letters and time they have wasted trying to get my son to pay them £50 would easily be recovered from the cost they are incurring by writing so many letters. Anyway, lets see what happens next.

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If RLP have already been in touch, it wont stop overnight. You'll get 5 letters or so over the next few months, each getting more desperate than the previous. Trust me, read them yourself and youll have a good laugh. Then when she's about to give up, she'll hand the account over to a DCA who only deal in ficticious or lemon debts. This DCA is very easily shooed away, then normally she gives up.

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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Are we sure that the store has the right to share personal data with RLP for either an under 18, anyone who did not sign anything or anyone who signed under duress? After all RLP are not solicitors and the involvement of RLP is not necessary for the completion of any contract etc ...

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They can TRY and hide, but that part of the DPA relates to companies in authority, such as the police, courts etc. Not a silly little company that she made purely to fleece people.

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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The only way to get RLP closed down is if someone takes out a private case against them in the high court. But since the costs of doing this would be stupidly high, nobody bothers.

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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  • 1 month later...

The letters are getting really worrying now,

if i was 17 years old again,

i think i would have committed suicide by now,

 

SORRy but thats how i feel after reading the letter they set to my son.

 

they sent a letter reducing the amount down from £50 to £25 and that would be the end of the matter,

because I decided not to pay it for him

 

they sent another letter stating that offer is now withdrawn, and

they will be waiting till he is 18 years old and

will take matters further once he is of the right age to take him to court,

without having to use an intermediary as he is currently under 18,

any court proceedings will require a 'Litigation Friend'

 

Means a lot to a 17 year old doesn't it!

 

ANYWAY, my point is,

 

am I making things worse for my son,

 

Riding this out is tough,

 

I am not even showing my son the content of the letters as it will really mess him up :-(

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Hi

I know these letters are (by design) intimidatory but the fact of the matter is, RLP have taken nor will take anyone to court. Only the retailer can do that and it is not in their interest to do so.

 

File the letter under 'toilet paper', treat it as such. Jackie hates it when a potential source of income dries up and will do (almost) anything to convince you that she is right when in actual fact she couldn't be further from the truth.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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I would say simply file the letters away and forget about them.

 

IMHO, if they were to take any court action - which I doubt they will, they will be shown up for the heavy handed bullies they are!

 

Also, I am not too sure they can "put this on hold until your son is 18" and then resurrect it ??

 

Isnt it the case that juveniles have their anonymity protected and if they were to breach that they themselves could be in serious trouble ?

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I would actually take legal advice on that letter. Blackmail comes to mind as well as obtaining money by deception.

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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Seems like its getting more serious if i start to think that we need to take legal advise, can my son get legal advice if he is 17? or would it be me as his parent getting legal advice? i would like to think they are just scare mongering him into submission and pay-up. If legal advice is the way to go, i would prefer we did it before he turns 18 in a few months. If this is just part of the scare tac-tics i will just file the letters away from him and if it comes to anything like going to court I will have them as evidence.

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This 'we'll wait until you are 18 and then take you to court' nonsense has come up before, and there is no case we are aware of where a retailer has done that. It's simply more bluster from RLP.

 

RLP can't take anyone to court themselves; in fact, all they can do is send threatening letters because they are otherwise entirely impotent. RLP's grandiose posturing and the pretence that they are involved in legitimate judicial activities - when the reality is that (as the Law Commission put it) their claims are legally on shaky ground and they have no power or authority whatsoever - highlight the reasons why they indulge in aggressive and misleading activities (that's the Law Commission's view again). In short, RLP are bullies.

 

RLP's letters are unpleasant, and may amount to demanding money with menaces or harassment (because they are clearly designed to cause stress and anxiety), but they are just words on a piece of paper. RLP can't harm your son, or you. You are nearly at the end; stick with it. The last thing you should do is respond or give RLP any indication that their tactics are having an effect.

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As above. I was speaking rhetorically. Jackie uses very dubious practices to obtain money from people. Saying she will hold of until your son turns 18 shows she is bordering on criminal acts. I cant say the specific acts i consider her to be in violation of, as without hard proof, they are merely accusations, and we know she reads these forums, and indeed does get a bit crazy when she realises we are on to her. The last thing we want to do is for this silly woman to try and bring a lawsuit on CAG, even though it will fail miserably.

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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help others LeoH

 

please scan up all the letters from them

 

we need them too!

 

**you can post up images/letters by this method immediately..you don't need 10 posts**

.

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc

but leave all monetary figures and dates.

.

************************* ************************* *******

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

************************* ************************* ***********

.

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

..

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or http://www.freepdfconvert.com/

or

use www.pdfmerge.com

 

convert existing PC files to PDF [office has an installable print to PDF option]

..

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

though dont use full bank names or CAG in the title

i'e Default notice DD-mm-yyyy TSB

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

...

YOU DONT have to put a link to the attachment in the msg box..just upload it ..job done

.

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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i think filing is a good idea, along with all the others,

 

but is taking legal advice wise?

 

he is 17 and soon to be 18,

 

will he be able to get legal advice at 17 or is it me as his parent that has to get advice?

 

at the end of the day if this letter is deemed a threat and i can use it against them,

 

i will wait till they decide if it goes to court or not.

 

Judging by some replies they are just trying to force him into a corner and pay-up.

 

Question is can they legally wait until he is 18 and then pursue him for this incident,

 

if so, does it make it worse for him?

 

who can i call for help ?

 

CAB or other!

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