Jump to content


  • Tweets

  • Posts

    • 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
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      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.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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
        • Like
  • Recommended Topics

Water Meter A Con


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5582 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi,

 

Am beyond annoyed. Had water meter fitted 18 months ago. am aware of policy that you cant have it removed after 12 months of having one of the flaming things put in. anyway, i was assured by people at the water company, that as a single parent with one child, i could drastically reduce my water bill by having a meter installed.So i did. My payments (i pay monthly by direct debit) shot up after 12 months of having the thing (form £19 per month to £43). I have paid without failure. But cant really afford this. there is no way i would have had it fitted had I known this could happen. and no i dont fill a swimming pool every night or anything like that. Am fuming because i think i have been mis informed by the water people. I have been told by them that there is nothing i can do to get it teken out and there is no way of appeal. Surely this cant be right??? If anyone has had success in a similar situation, please let me know!!! Thanks

Link to post
Share on other sites

I used to work for a water company and can't remember one instance where they removed one after the 12 months so am afraid you might be stuck with it

 

however 43 quid a month does seem high for your circumstances, check that your meter readings are actual reads and not estimated for starters, if they are estimated then provide actual readings, if you have an outside meter under a manhole cover and cant access it they have to send someone out to you to read it

 

if the bill is correct check for the following

 

dripping taps, they waste ALOT of water so if you have any replace the washers, get a hippo bag for the loo (or put a house brick in there) vastly reduces the amount of water used to flush.

 

save your washing up and do one big batch instead of 2 or 3 a day and never leave the tap running when you brush teeth

 

all simple things but they do work, I used to be on a meter and my water bill went down to 12 quid a month when I did all those :) (had a 3 year old boy at the time with all the associated grubbyness, toilet mishaps to clean up after and extra clothes washing as they seem to be dirt magnets!)

 

pm me if you need any other help as I still have pals who work there and they might have other suggestions :)

claim v natwest WON!

 

all posts made by myself are without prejudice

Link to post
Share on other sites

I moved house a year ago and I received a letter from Three Valleys Water telling me they would be installing a meter. It turns out that the water companies can legally install a meter in a property once it has changed hands. In my case it has turned into a bonus. My water rates for 2007/7 would have been £348, but the bill for metered water useage and the usual standing charges will be about £150 for the year.

 

As was said above, I would check to see if they have actually been reading your meter. It would do you no harm to read it yourself either and make your own records. And as said above, simple changes to your water using habits can make a big difference.

 

Which water company is it by the way?

Link to post
Share on other sites

I was told by the citizens advice that if you had any dependant children and had a water meter then there is a process for having it removed ( but I don't know anything about the 12 month period) perhaps it's worth giving them a bell just to double check things

NatWest : £857.00 won! March/07

Natwest : Witholding my statements & adding defaults etc , S.A.R sent Jan/08

Natwest for my partner : £2,101.00 won! Feb/07

Studio Cards : Refund for admin charges £108 Won! Dec/07

Complaint made to FOS for P.P.I Jan/08

Nationwide: S.A.R - (Subject Access Request) sent for statements Nov/07 ( waiting to see what happens in the OFT test case )

Littlewoods : defaulted on CCA request Feb/07

DCA's that crawled out from the woodwork and have crawled back : 28 so far!!

My favourite link on CAG:

Click here: Can't Find What You're Looking For? Here's A Complete A-z Index - The Consumer Forums

Link to post
Share on other sites

:( Hi

 

your charges sound excessive for your circumstances. My water bill has drastically been reduced.

 

My mother however, went onto water meter 1 year ago and had problems with her bill from day one. Long and drawn out, but reason was toilet in down stairs cloak room had a very small drip leak that was going under floorboards. Which would have gone undetected to this day if she had not been on meter.

 

You may have a tiny leak somewhere.

 

Regards

Dee

Link to post
Share on other sites

Personally I am flabbergasted that you pay that much with a water metre.

I have 4 kids and we constantly use Bath/Shower etc. AND the washing machine is on virtually 24 hours a day. Yet when I moved into my new property I insisted on getting a water metre. Thames Water sent me a leaflet insisting that with my famly size I would end up paying double. It has been shown that I actually pay HALF. My payments have gone from £30/pm to £15/pm.

Like I said I have 4 kids and we NEED a lot of water. Either you have the hose pipe on in the garden all day or you have a water leak. Get the water company over to check it out.

Link to post
Share on other sites

Innocenti my water bill is almost the same as yours I pay £41.00 a month with no meter on a monthly payment plan ( with no arrears ) my friend down the street has a water meter and hers is approximately £40.00 a month but they have to watch how many times they fill the kettle at that !I think it varies due to the supplier we have Severn Trent water - it's all totally unfair I think the whole country should pay a set price:) so that they can't make huge profits out of us

NatWest : £857.00 won! March/07

Natwest : Witholding my statements & adding defaults etc , S.A.R sent Jan/08

Natwest for my partner : £2,101.00 won! Feb/07

Studio Cards : Refund for admin charges £108 Won! Dec/07

Complaint made to FOS for P.P.I Jan/08

Nationwide: S.A.R - (Subject Access Request) sent for statements Nov/07 ( waiting to see what happens in the OFT test case )

Littlewoods : defaulted on CCA request Feb/07

DCA's that crawled out from the woodwork and have crawled back : 28 so far!!

My favourite link on CAG:

Click here: Can't Find What You're Looking For? Here's A Complete A-z Index - The Consumer Forums

Link to post
Share on other sites

Innocenti my water bill is almost the same as yours I pay £41.00 a month with no meter on a monthly payment plan ( with no arrears ) my friend down the street has a water meter and hers is approximately £40.00 a month but they have to watch how many times they fill the kettle at that !I think it varies due to the supplier we have Severn Trent water - it's all totally unfair I think the whole country should pay a set price:) so that they can't make huge profits out of us

 

I like that idea! It said on the news last year that Water Rates were going to rise and that people could be paying over £400 for their water in 5 years time, I was :eek: at this because I am paying £490 a year NOW! And I live in the North West, all it does is rain here!

Link to post
Share on other sites

  • 1 year later...
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...