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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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    • 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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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long term sick


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I have been off sick since the end of july due to the fact my knees starting giving way (I do a lot of walking in my job )

I had to wait for the op that sticks a camera in both knees and trys to repair the damage .

 

Had the op and the specialist comes in and says ive got good news and bad news ,

Good news is ive repaired the damage to the cartilage,

bad news is I found something I was not expecting so I took a biopsy

 

fast forward to just before Christmas and she the next specialist and he confirms it as rheumatoid arthritis, my scores they use were off the scale and it had spred to shoulders elbows writst to a lesser extent.

 

The company has paid me all I am entitled to due to SSP and sick pay and now I'm on contribution based esa .

However they do not seem to be in a hurry to get me back

 

when I talked to the union guy in November he said its because they are not paying you now it doesnt come out of their budget .

 

The problem I have is I cannot forsee me returning to the job I did before due to the damage done to the joints

however I would be capable of a desk job/office .

The problem being is they are few and far between .

 

Also if I return to work and have to go off again then they could get rid of me due to attendance ie sickness .

because they would count it as 2 periods of sickness .

 

They do not want to make me redundant due to ill health because it would cost them a lot of money due to a deal with the union at the company ,

 

I have asked the union rep to talk to the manager to see whether they could arrange something for me to return to work in the office that I could put in front of the specialist so he would agree for me to return to work at the end of the month but so far not a whisper .

 

I really need to push this issue because of financial pressures building as well as my sanity not being at work

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Hi, sorry to hear this

- you can't do your old job

- you could do a new desk job

- because you could do *some* work, you are unlikely to get ill health retired - that's for people who can't work at all. So probably nothing to do with the union. (Also the company does pay the SSP so I think you are being fed a line!)

- but your company doesn't have a desk job

 

I think you now need to look elsewhere. But also if you work for the largest postal operator, have you looked into their benevolent association to see if they can help tide you over?

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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sorry apologies- esa is not paid by company, I misread!

np

 

At the moment I am between apointments for the specialist that's why I asked the union guy to see , but the problem is like you said I cannot do the old job but could do a office job , well what happens if they turn round and say there is none available ?

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np

 

At the moment I am between apointments for the specialist that's why I asked the union guy to see , but the problem is like you said I cannot do the old job but could do a office job , well what happens if they turn round and say there is none available ?

 

then I am afraid you will be looking for employment elsewhere. They are not obliged to keep you on if there is no job you can do available. Being mobile ie able to move towns may help. Offering to retain as eg HGV might do it if your health is up to that. But they do not have to find you work if there is none.

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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well you see that is what I want to know , where do I stand is there a job or not if not then get rid of me

 

If the union aren't doing anything you had best ask yourself. Probably in writing. But I would assume not, and get on with finding something else.

 

Remember though you will be accruing holiday - so ask for that to be paid too! It may sharpen the thinking.

 

https://worksmart.org.uk/health-advice/employer-support/sick-pay/what-happens-my-paid-holiday-entitlement-when-i-am-sick

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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once you can give them aletter from your specialist as to what you are likely to be able to do the employer can then consult their OH bod and if they are in a position to offer you alternative work then you should be considered for any current vacancy.

 

If they dotn ahve any work then the chances are they will seek to dismiss you on capability grounds. Now your pension scheme may have conditions that will pay you a part pension based upon your disability or you may be able to take your pension early but not with the full benefits that being ill health retired brings. Schemes vary as to what they do around this and what level of disability is required for either full or part pension.

 

You havent said how old you are and how long you have worked for your employer, these will make a big difference to how much effort your employer will put into helping you

 

well you see that is what I want to know , where do I stand is there a job or not if not then get rid of me
Edited by honeybee13
Paras
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once you can give them aletter from your specialist as to what you are likely to be able to do the employer can then consult their OH bod and if they are in a position to offer you alternative work then you should be considered for any current vacancy.

 

If they dotn ahve any work then the chances are they will seek to dismiss you on capability grounds. Now your pension scheme may have conditions that will pay you a part pension based upon your disability or you may be able to take your pension early but not with the full benefits that being ill health retired brings. Schemes vary as to what they do around this and what level of disability is required for either full or part pension.

 

You havent said how old you are and how long you have worked for your employer, these will make a big difference to how much effort your employer will put into helping you

 

I am 48 and I have worked for them for 12 years . As far as I can see there are two outcomes

 

1 they find me indoor work ie front counter which would be the best outcome.

2) they make me redundant due to ill health which would cause problems finding another job considering how much time off I have had with this in the last 12 months

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You would almost certainly now meet the criteria for being regarded as disabled. Therefore your employer has a duty to make reasonable adjustments.

 

Have a read of this https://www.equalityhumanrights.com/en/multipage-guide/employing-people-workplace-adjustments

Start every day off with a smile and get it over with.

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1 they find me indoor work ie front counter which would be the best outcome.

 

 

My friend who does front counter walks 6 miles a day. It's not a desk job!

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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they arent going tot make you redundant, it is the position not the person filling it so what about the pension scheme rules for incapacity? You cant retire on your own volition so you need to look to see if there is help for you in that direction.

Ultimately they can let you go on capability grounds if they dont have a suitable vacancy and that will mean no payput and the pension frozen until the scheme says you can have it, usually 60 or 66 and no monies added to the pot in the interim.

Dont have a copy of the pension scheme rules? ask for one, eevn if you just borrow it

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Just got a voice mail on the phone from a withheld number so I played the message it was from job center plus with a very arrangent person saying you have this appointment on the 8th march if you miss it you can loose you benefits , I am on contribution based esa at the moment I have not left my employer

 

The problem being is they have told me to go to a job center that is 309 minute away when there is one 10 minute down the road and a lot nearer . Cant see why I have not even received one payment yet from them as well . can I request a change to the nearer job center

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they do this, they dont seem to understand that you are still employed. You will probably ahve to phone the DWP centrally and try and find the right department to complain to and then kick off in writing as no-one will actually call you back when they find out that you think they are less then perfect.

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  • 2 months later...

well thought I would give a update I have returned to limited duties at the beginning of the month and I am slowly working my way up to a full shift while waiting for occupational health . so fingers crossed its going well at the moment

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well thought I would give a update I have returned to limited duties at the beginning of the month and I am slowly working my way up to a full shift while waiting for occupational health . so fingers crossed its going well at the moment

 

That's good news, I am pleased for you

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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