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    • 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?
    • Less than 1% of Japan's top companies are led by women despite years of efforts to address the issue.View the full article
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      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.

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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.

      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.
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      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
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Too Many Posts Going Unanswered: Your Help Needed


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because no one has posted on it for the last 4580 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

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Start your own new thread

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

 

Thanks

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Every week there are, on average, upwards of 80-100 new posts that don't receive a reply ( and at a time when the forum is relatively quiet). Obviously there is a percentage that quite clearly don't necessarily need a response, but if you are a first time poster, it can be dispiriting not to receive any answer at all.

 

 

All you need to do is click on Search and then Advanced Search:

 

AdvancedSearch.jpg

 

 

 

 

In the Search Options box:

 

SearchOptions.jpg

 

 

Change 'At Least' to 'At Most' and select either 'Your Last Visit', 'Yesterday' or 'Last Week' and click on the Search Now button.

 

Or you can just click here. (thanks to Barracad)

 

 

Even if you don't know the answer to the query, just a word of support or encouragement will bump it, where hopefully it can be seen by someone with more expert knowledge.

 

So please try and make a '0 Search' whenever you can and help keep '0 replies' to a minimum.

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Thank you, Michael. :-)

 

To add to this, you may be a relative newbie, and you think that maybe there are people with more knowledge or experience or "seniority" who can answer, or you don't want to be seen to put yourself ahead. Please don't ever feel that way and never hesitate to respond. That's how this site grew and keeps on growing, thanks to us all ordinary users. :-)

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Tyvm for this Micheal, I frequently check the "new posts", but will now use the "advance search " opriot, never know I might be able to help or point a newbie in th right direction

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All opinions expressed are my own and have no legal standing and no connection to CAG

 

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Hi Michael

 

I for one am not always sure of the answers and don't want tp send 'duff' information. I think others feel the same and this tends to put you off saying anything. Saying that I will start to answer any I see if only to say hello.

 

Cheers

 

Chris:)

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Jailbird,

 

See post#2. If you're not 100% sure of any advice, just say so in the post. It's not a crime to be mistaken, someone will always correct it, if necessary, and that way the OP, you and other users learn and add to their knowledge. I should know, I've done it often enough myself :eek:

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Hey great idea, cheers for the advise. Funny I always check new posts and thats how I found this post but checking for 0 posts is much better and effective. MAYBE a good suggestion to admin to add as a function at the top navigation bar alongside of new posts. if possible.

 

 

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Guest louis wu

For the past few days, I have been looking for unanswered threads, and TBH, I never realised there were so many.

 

I find, however, that the unanswered ones are sometimes the real tough questions. I agree Jailbird, it is sometimes difficult to have a go when your not really sure, but I have decided that just plain moral support helps, and gives the thread a little bump to the top of the page, where hopefully someone will see it who can really help.

 

I do remember being new, and worried about making my first post (first few posts in fact), but the friendly comments I recieved helped ease me into CAG gently. Never forget, a friendly word can sometimes mean more, and do more than a really important fact.

 

Great thread (as always) Michael, we all need a reminder as to the real basics of what we do, and what CAG represents.

 

louis

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Yes - thanks Michael.

 

I still don't like answering posts when I don't know the answer. But you're right -just the sense that somebody is there when you are new is, as louis says, the kind of moral support that is needed.

 

Point taken, and I will try.

Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.

 

If I've been helpful, please click my scales. :-)

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I jus did a search as MB suggested - only 20 at the moment - and I really do not have a scoobie about any of them.

 

Looks like a lot of folk have been working hard.

 

:)

Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.

 

If I've been helpful, please click my scales. :-)

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Guest louis wu

We've got it down to about 40 now.

 

Since MB's first post, it has come down to about the 40 - 50 post mark, but rarely (ok never that I've seen) gone below.

 

This is partly due, IMO, to the difficulty of some posts, and also that some are just one off''s that neither need or require a reply.

 

I think if we can keep on top of this (and I believe there are a few who are spending a lot of time on this), then we should be very satisfied, and suitably pleased with ourselves.

 

Louis

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Just been doing another sweep and a lot of the threads are really 'stumping' me (PPI, insurance queries, utilities and telecoms queries). But I've noticed that by putting the following on the thread seems to get the ball rolling, with other caggers with experience of the query posting on the thread:

 

Hi xxxxxxx,

 

Sorry, I've just noticed that you haven't had a reply yet. This isn't my area of expertise............. but hopefully somebody will be along soon to advise you further/point you in the right direction.

 

Best of luck :)

 

.............. seems to be working on most threads anyway! ;)

Can't find what you're looking for? Please have a look at Michael Browne's

A-Z Guide

*** PLEASE NOTE ***

I do not answer queries via PM. If you send me a PM, please include a link to your thread - any advice I am able to offer will be on your thread.

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I've noticed that by putting the following on the thread seems to get the ball rolling

 

Hi xxxxxxx,

 

Sorry, I've just noticed that you haven't had a reply yet. This isn't my area of expertise............. but hopefully somebody will be along soon to advise you further/point you in the right direction.

 

Best of luck :)

 

Either that or:

 

BUMP

 

:-)

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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Either that or:

 

BUMP

 

:-)

 

Ahhhhh............... but it's much nicer to be nice dear :)

Can't find what you're looking for? Please have a look at Michael Browne's

A-Z Guide

*** PLEASE NOTE ***

I do not answer queries via PM. If you send me a PM, please include a link to your thread - any advice I am able to offer will be on your thread.

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And you are :) (nice, that is)

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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And you are :) (nice, that is)

 

Thanks! :-)

 

See Hedgio, somebody appreciates me! :p;)

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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You too Ellen............. you're a sweetie! x

 

EDIT: think you'll find she meant me stiggo! ;)

Can't find what you're looking for? Please have a look at Michael Browne's

A-Z Guide

*** PLEASE NOTE ***

I do not answer queries via PM. If you send me a PM, please include a link to your thread - any advice I am able to offer will be on your thread.

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it applies to you all, of course;)

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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