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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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Newspapers - good or bad for democracy and law ?


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I find the media a fickle bunch, who change their views depending on the wind direction.

 

Tom Watson MP was seen as a hero for pursuing allegations about child abuse, but now that some of the alleged victims have had their allegations questionned, Tom is being criticised. The Police have not finished their inquiries yet and it is a bit too early for friends of alleged abusers to start demanding apologies.

 

Because the newspapers keep going on about such stories for days on end, digging at the information, it must put the Police in a very difficult position. And it is not just newspapers, but some TV programmes as well.

 

Let the Police complete their investigations without unhelpful media involvement and see what happens. If any cases get to court, media coverage of victims and alleged abusers, may hinder any chance of a fair trial.

 

If politicians want to be helpful, perhaps they should pass laws that require abusers and victims to be anonymous until after the alleged abuser has been formally charged, with a court date set for a hearing. The Judge can then decide on whether identities should be revealed, to help serve fair justice.

 

We want an independent robust free press in the UK, but they must remember that they should look to serve the public interest and not act in a way that disrupts the Police or courts.

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Tom Watson, like the press, had already tried and found Leon Britain, guilty. Using a privileged position to defame someone was unworthy. Aside from which, the man was dead and unable to defend himself.

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Tom Watson, like the press, had already tried and found Leon Britain, guilty. Using a privileged position to defame someone was unworthy. Aside from which, the man was dead and unable to defend himself.

 

The allegations were around months before he died.

 

There are apparently a number of alleged victims who have made allegations, so it is up to Police to see what evidence there is.

 

If you were an MP passed details and there appeared to be a cover up or lack of interest, would you not look to do something about it ?

 

Remember the missing files of allegations from the 1980's, when Brittan was Home Secretary. This added to the story.

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There was once a time the press were Guardians of democracy and held Governments and public bodies to account.

Murdoch changed all that, You only have to look no further than FOX news.

 

A corner stone of our democracy is an open and fair justice system, that is why the press are allowed in our courts. It is for the legal process to decide innocence or guilt, not the media. You only have to look at the Craig Charles false allegations, or what about Freddie star and Cliff Richard

 

The press do need some sort of regulation, the News of the world phone hacking story shows they are out of control. They have absolute power without any acccountability and operate Carte Blanche with little or no ethics

 

Gone are the days when newspaper hacks confirmed their stories. Now it is all innuendo and titilation to sell advertising space.

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,

There was once a time the press were Guardians of democracy and held Governments and public bodies to account.

Murdoch changed all that, You only have to look no further than FOX news.

 

A corner stone of our democracy is an open and fair justice system, that is why the press are allowed in our courts. It is for the legal process to decide innocence or guilt, not the media. You only have to look at the Craig Charles false allegations, or what about Freddie star and Cliff Richard

 

Gone are the days when newspaper hacks confirmed their stories. Now it is all innuendo and titilation to sell advertising space.

 

Well put.

 

The media have destroyed the lifes of innocent people by publicising allegations which have proved not to be true. So they are equally as guilty as anyone else who has sought to bring an issue into the public spotlight. Sometimes mistakes are made, as there is just no evidence to support an allegation.

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A decent, fair, and well run Press certainly used to be vital for democracy, however, it is not such a vital tool these days with the Internet.

 

Of course, there's plenty of rubbish on the internet, but equally, there are plenty of Sites monitoring everything from Human Rights, to our Courts which ARE reliable, and act how Newspapers used to.

 

What is needed are genuinely horrific fines for a newspaper that publishes falsehoods. If a legal team can prove a Journalist did everything human possible to confirm a story, and thus could genuinely state he believed the story to be true that is fine - in almost every case of falsehoods etc recently, they have often not performed even basic checks into a story, its all about selling papers regardless of the truth.

 

I would actually like to see tighter privacy laws, even for Celebrities, though when people make a living by being in the media, they can't really expect as much protection for privacy as everyone else, good for the goose and all that.

 

But, I genuinely don't see why the Affair, or other relationships of an Actor or Singer should be open game to the press, that is not freedom of the press, its certainly not something that benefits the public - if the Celeb's marital woes end up in a court room, by all means publish the information, but factual.

 

On the other hand, politicians are absolutely open game for reporting on stuff like cheating on their partners - if they cant even keep one of the most important and basic vows a person can make, of love, and marital vows etc to a Partner, then how the hell can we trust them to ever behave with integrity in parliament?

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The other problem is that newspapers sell the political view of their editor.

 

Also

 

As we have seen here, the stroy of Watson did not change from hero to zero due to changes in the facts but due to Watsons Change in position in politics

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Don't know about newsspapers, but free speech is not good or bad for democracy, it is essential.

The Tory Legacy

Record high Taxes, Immigration, Excrement in waterways, energy company/crony profits

Crumbling Hospitals, Schools, council services, businesses and roads

 

If only the Govt had thrown a protective ring around care homes

with the same gusto they do around their crooked MPs

 

10 years to save the Vest

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Don't know about newsspapers, but free speech is not good or bad for democracy, it is essential.

 

That almost goes without saying. The question is whether current UK newspapers are 'on balance' good or bad for democracy and law.

 

In regard to democracy, they mostly represent right-wing politics and use 'news' stories to actively campaign against left-wing parties. Whilst they should cover genuine news and fully engage readers in debates, they should not be so partisan that they influence voters. Even if there are other sources of information, TV and online media debate still refers to what is being reported in newspapers. I personally don't believe the partisan nature of newspapers as being healthy for genuine democratic debate.

 

More serious is newspapers interfering in the natural course of justice, by reporting information which makes it difficult for Police, CPS and Courts. There is also the poor innocent victims of false allegations who have their lifes wrecked, because they have been found guilty by media trial, before Police have even been able investigate properly.

 

The newspapers had a real problem with Ed Miliband and Tom Watson over hacking and regulation. Had Labour win the election, they would have introduced media regulation which was independent. Therefore they had a real self interest in manipulating news to stop this happening. Tom Watson as Labour deputy is now under attack and i expect this to continue.

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If newspapers didn't do it, then one would start up as soon as it saw the market .

If one didn't, then social media sites would do it all the more.

 

Its human nature.

 

I think the issue is more that people chose what 'perspective' suites them rather than look for the truth.

The Tory Legacy

Record high Taxes, Immigration, Excrement in waterways, energy company/crony profits

Crumbling Hospitals, Schools, council services, businesses and roads

 

If only the Govt had thrown a protective ring around care homes

with the same gusto they do around their crooked MPs

 

10 years to save the Vest

After Truss lost the shirt off the UKs back in 49 days

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Tom Watson, like the press, had already tried and found Leon Britain, guilty. Using a privileged position to defame someone was unworthy. Aside from which, the man was dead and unable to defend himself.

 

Tom didnt make up these allegations though.

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Tom didnt make up these allegations though.

 

And they were from several people who had never met each other.

 

There may be more information known to Police and others, that is not in the public domain. I would leave it to the Police and CPS to review evidence.

We could do with some help from you.

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There was once a time the press were Guardians of democracy and held Governments and public bodies to account.

Murdoch changed all that, You only have to look no further than FOX news.

 

A corner stone of our democracy is an open and fair justice system, that is why the press are allowed in our courts. It is for the legal process to decide innocence or guilt, not the media. You only have to look at the Craig Charles false allegations, or what about Freddie star and Cliff Richard

 

The press do need some sort of regulation, the News of the world phone hacking story shows they are out of control. They have absolute power without any acccountability and operate Carte Blanche with little or no ethics

 

Gone are the days when newspaper hacks confirmed their stories. Now it is all innuendo and titilation to sell advertising space.

 

Except, of course, a paper like 'Komsomolskaya Pravda' (or should that be Daily Mirror), when they say something in your favour.

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And they were from several people who had never met each other.

 

There may be more information known to Police and others, that is not in the public domain. I would leave it to the Police and CPS to review evidence.

 

 

Yup, we'll review it at the lodge meeting tonight...

Wheres me best socks being as I'll be rolling a trouser leg up and meeting the chief constable.

The Tory Legacy

Record high Taxes, Immigration, Excrement in waterways, energy company/crony profits

Crumbling Hospitals, Schools, council services, businesses and roads

 

If only the Govt had thrown a protective ring around care homes

with the same gusto they do around their crooked MPs

 

10 years to save the Vest

After Truss lost the shirt off the UKs back in 49 days

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Share on other sites

Yup, we'll review it at the lodge meeting tonight...

Wheres me best socks being as I'll be rolling a trouser leg up and meeting the chief constable.

 

I have family in the masons. An uncle i never met as he died before i was born, was the Grand Master in the main central London lodge. But he was avery senior manager of one of the big Banks at the time, so i think membership was almost compulsory.

 

Another family member was a member of the local lodge, but got fed up with doing free work for others, so left. You get people join from various trades and they do work on a favour basis, but if you are not careful, you end up doing more than you get back. But it can be very useful to make contacts with people in the right places to help or to gain paid business.

We could do with some help from you.

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