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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?
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I promise to pay the bearer.. oh yeah?


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I've often wondered what would happen if bank customers handed over their fivers (and higher denomination banknotes) and demanded that the bank fulfil the promise on every banknote, ie; the promise to pay the bearer on demand the sum of (whatever) pounds. The word "pound" in terms of money refers to the weight 240 silver pennies. Banknotes are not actually money but a promisary note on behalf of the Bank of England. Banknotes were issued to enable merchants to exchange a convenient representation of actual sterling (ie; high grade) silver for goods or services. The banknotes could then be presented to any bank which, by law, was obliged to pay the bearer the banknote's value in sterling silver which did not necessarily have to be in the form of 240 silver pennies per pound but did have to be the equivalent weight in sterling silver.

 

Prior to 1528, the "pound" referred to the Tower Pound (equal to 5,400 grains and worth about £78.75 in the current market value of silver). In 1528, the standard was changed to the Troy Pound, which is a little heavier and valued in today's market at around £84.

 

Now, despite the fluctuations in the value of the pound as a unit of currency, I know of no law passed that voids the promise that is still printed on banknotes today. The word "pounds" still carry the same historical meaning as far as I have been able to ascertain.

 

Maybe there is a law that releives the banks of their obligation to hand over £420 worth of silver when I present my fiver and demand the bank fulfils the promise on the banknote. If anybody knows more about this, I'd be grateful for the info as I'm seriously thinking of doing this and want to be well-armed with information before attempting to screw the banks like they've been screwing us for so long.

 

Any ideas?

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I've often wondered what would happen if bank customers handed over their fivers (and higher denomination banknotes) and demanded that the bank fulfil the promise on every banknote, ie; the promise to pay the bearer on demand the sum of (whatever) pounds. The word "pound" in terms of money refers to the weight 240 silver pennies. Banknotes are not actually money but a promisary note on behalf of the Bank of England. Banknotes were issued to enable merchants to exchange a convenient representation of actual sterling (ie; high grade) silver for goods or services. The banknotes could then be presented to any bank which, by law, was obliged to pay the bearer the banknote's value in sterling silver which did not necessarily have to be in the form of 240 silver pennies per pound but did have to be the equivalent weight in sterling silver.

 

Prior to 1528, the "pound" referred to the Tower Pound (equal to 5,400 grains and worth about £78.75 in the current market value of silver). In 1528, the standard was changed to the Troy Pound, which is a little heavier and valued in today's market at around £84.

 

Now, despite the fluctuations in the value of the pound as a unit of currency, I know of no law passed that voids the promise that is still printed on banknotes today. The word "pounds" still carry the same historical meaning as far as I have been able to ascertain.

 

Maybe there is a law that releives the banks of their obligation to hand over £420 worth of silver when I present my fiver and demand the bank fulfils the promise on the banknote. If anybody knows more about this, I'd be grateful for the info as I'm seriously thinking of doing this and want to be well-armed with information before attempting to screw the banks like they've been screwing us for so long.

 

Any ideas?

 

All I can say is whatever you are on, I would like some!

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lol! would be great if you could, but surely there must be some kind of get out clause for the banks for this otherwise everyone would do it!

If you find the advice I give is useful, then please feel free to click the scales :)

 

"It is better to keep your mouth closed and let people think you are a fool than to open it and remove all doubt" :)

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lol! would be great if you could, but surely there must be some kind of get out clause for the banks for this otherwise everyone would do it!

 

Oh I don't doubt that there is! But wouldn't it be wonderful if there wasn't? There are numerous archaic laws that have become dormant because they no longer apply but are actually still legally enforceable. Just suppose this was one of them!?

 

By the way Monty 2007, I'm sorry but there are no dealers providing what I'm on. I'm afraid you actually have to go mad.

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lol good idea!!

 

so many little laws that have gone unchanged from eons ago and yet nobody really has any idea about them for unknown reasons.

 

might be worth researching this one and having a go! but hurry do it before someone changes it :)

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To answer the original post.

 

You would get diddly-squat from your bank (or any other High Street bank). They have made no such promise to you; you have no case against them for failing to pay the bearer.

 

The promise to pay the bearer is one made by the Bank of England (the clue is that a banknote has the promise signed by the Chief Cashier of the BoE) - and they don't deal with individuals.

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Notes issued by the Bank of England are legal tender and legal tender cannot be refused in payment of a debt. So, if you go to the Bank of England and present a five pound note and point to the promise you will be given...a five pound note. The promise is a vestige of the days when bank notes represented gold held by the banks, but now there is not enough gold to go round. The sole value of the promise is that if you take to the Bank of England an out-of date note you will be given legal tender in exchange.

 

Whether bank notes are or are not money depends on how you look at it. In practice they are accepted as money and what is accepted as money is money, but all money is an illusion.

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In the 16th century the goldsmith-bankers began to accept deposits, make loans and transfer funds. They also gave receipts for cash, that is to say gold coins, deposited with them. These receipts, known as “running cash notes”, were made out in the name of the depositor and promised to pay him on demand.

Many also carried the words “or bearer” after the name of the depositor, which allow them to circulate in a limited way.

The link between gold and notes issue has been broken many times since their inseption but was finally severed in 1931 when Britain finally left the gold standard and the note issue became entirely fiduciary, that is wholly backed by securities instead of gold.

 

Bank of England|Banknotes|More About Banknotes|A brief history of banknotes

 

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patdavies wrote:

 

"The promise to pay the bearer is one made by the Bank of England (the clue is that a banknote has the promise signed by the Chief Cashier of the BoE) - and they don't deal with individuals."

 

Actually, Pat, they do deal with individuals...... er....... well, individuals that go in with reasonable requests, anyway.

 

Maybe it was the blue woad with which I'd painted my face or maybe it was the hand-woven hemp teeshirt bearing the slogan "DEATH TO THE MONETARY SYSTEM" or the bearskin jodpurs or the lime green wellies... Then again, the horned viking helmet (although I did remove it when entering the bank even though it didn't technically qualify as a motorcycle helmet) may have alerted them to the possibility that this was not a normal customer.

 

However, the cashier smiled politely when I slapped my rather grubby fiver on the counter and demanded 420 quid's worth of sterling silver.

He shrugged and counted out five one pound coins, saying "Best we can do, I'm afraid"

"I KNOW MY RIGHTS!!!!" I hollered but the cashier simply switched on a mike and announced "Sid! We've got another one!"

Just then, a security guard appeared, frogmarching a customer dressed as Ghengis Khan to the front door "With you in a minute, Tom" he said.

 

Now I admit that I didn't really expect them to hand over five Troy Pounds of sterling silver without an argument but hurling me out the front door head first is hardly the way I'd expected the Old Lady of Threadneedle Street to behave! "You've not heard the last of this!" I shouted...... but, actually, I think they have.... well, from me, anyway.

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  • 2 years later...
Notes issued by the Bank of England are legal tender and legal tender cannot be refused in payment of a debt. So, if you go to the Bank of England and present a five pound note and point to the promise you will be given...a five pound note.

 

I agree this is probably what would happen, however it 'should' not be possible. In UK law it is illegal to pay a debt with a debt; seeing as notes are essentially IOU's from the bank 'promising' to pay, you should be breaking the law any time you exchange them for goods or services.

 

By making the notes themselves legal tender, independant of any sterling silver to back them up, the government circumvents this illegality and puts us all in hock to the banks. Essentially they made an illegal practice legal, but only for themselves, you or I would be criminals for doing the same thing.

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Where have you been for the past couple of years? There is no such thing as money, only confidence in certain things representing relative value. As soon as that value is questioned you get............. oh yes .......... the mess we're all in now.

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The banks want to withdraw cheques by 2015, some will cancel the cheque guarantee card from June next year, as a cheque is a promissory note along with money (both being negotiable instruments) I wonder what the banks intentions are going to be when it comes to cash?

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  • 3 weeks later...

Have been reading all the threads to this, some crap and others who have definately got the idea.

But dont forget this, there isnt any money only debt notes.

Because the private banksters have made the governments of this world bankrupt we only deal in debt notes and you cant pay a debt with a debt.

What they have cleverly done is to create us as the liability on all debt by the STRAWMAN system thro our birth certificate.

The real wheeze is that everything therefore is pre paid and so you should not even have to use notes to purchase goods and services.

 

Look into this as its huge and i cannot possibly go into more detail here, but as a heads up on the monetary system as it stands, get out of dodge and buy silver and gold and get rid of as much cash and shares you can.

Don't say I didn't warn you

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