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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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hardship allowance


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I am due to be sanctioned can anyone tell me the procedure for claiming hardship allowance?

Can I claim it over the phone as the advisor did not want to give me the form as she kept telling me you cannot apply for the first two weeks and as the sanction is not official yet I cannot apply untill it is.

 

As I am a single parent I have been told that I can apply straight away as I am in the vulnerable group catagory.

 

Does anyone know how long this takes to process?

 

Thanks for any replies in advanced

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Hardship allowance is not normally claimable for the first 2weeks of sanctioning. However if your a single parent (and the sanction was not because you fraudulently claimed as a single person) then you can make the claim immediately.

 

You have to go to the job centre to do this. It is then passed to a decision maker who will advise you of the outcome

 

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also I do not know if anyone knows about your job seekers book.

 

when the advisor told me I was getting my jsa suspended I left in a fluster and left my book behind on the advisors desk will they send it back to me or do I have to go ask for it?

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tidon I am being sanctioned for not writing to employers or ringing them despite applying for jobs.

 

I am totally fed up with them in the 8 weeks I have been claiming they have tried to stop my money five times, I managed to get the others cancelled.

 

Every time time I go to sign on they scrutinise everything, however they do not take my circimstances into consideration, I suffer from mild depression and anxiety which they know about and I am due to go back to uni. I feel like they are purposely out to stop my money.

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you should have appealed put all this down plus the anxiety and stress and the fact you are seeing the gp over this.its not as if you didn't have good reasons'.

 

they are expected to view job search positivity and do not appear to have here.the problem with jobseekers agreements is that they are often drawn up as the advisor dictates,they will always try to maximise the conditionality.not everyone is feeling up to this because of health/finance's and general ability.with more people being forced onto this benefit there are real risks of unfair sanctions.

 

the agreement must reflect means and health issues that do not involve the runaround,working ridiculous hours/impossible to get to locations and great expense. and you are a single parent under anxiety that could rapidly worsen,then what would you do?.

 

do not take this on the chin and except their version,vulnerable people cannot afford to go without and be discouraged from their rights to fair redress.

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I understand what you are saying seen it before but I have not recieved a decision yet so I cannot appeal anything as yet. I have probably put myself at a disadvantage because I refused to fill the form out they gave me as I felt it was a waste of time. Like I have said in my other thread they state possible sactions are sent to the decision maker but before they are sent I have it recorded saying they look at them and decide whether or not its a straght sanction or not if its they decide the decision maker will sanction they do not send them. As far as I understand it they just go off your agreement and if ti says on there to write or ring you have nothing to argue.

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you are spot on seen it before i made the mistake of accepting what the advisor put on the agreement thinking it would be reasonabler and fair, however I have found this not to be the case. I do not the energy to fight as I cannot find revelevant guidelines or legislation to argue my case.

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the advisor did not want to give me the form as she kept telling me you cannot apply for the first two weeks and as the sanction is not official yet I cannot apply untill it is.

 

you need to appeal because of your anxiety and health grounds,they have to make allowances for these problems.

 

you need to go to the cab office that doesn't sound right either two weeks wait and you are a single parent.

Edited by seen this before
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You will not be given form GL24 (to appeal) or JSA10 (to claim hardship) until a decision is made and only then if then if it is an unfavourable decision resulting in a sanction. The only person who can actually sanction your claim is the DMA officer not your personal adviser. Your personal adviser has to follow the guidance for conditionality and if there is any doubt then a referal has to be made.

As as single parent then you are highly likely to qualify for the hardaship (if needed) from day 1 of the imposed sanction.

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thankyou for your replies. I will ring on monday to see what the situation is. If a decision has not been made yet then I will to wait till one is before I put put an appeal in and then claim hardship.

 

I understand what you have said flumps, however I have proof that this is how they work. I was sent two forms and I handed them in the same day and late in the day after 3pm. The day after I went to sign on and one of the forms was cancelled and another still active and that is when I asked why is one still on the system and the other one is not and that is when I was told they look at them first before deciding to send them. I asked where the DM where based and was told in a different town so a DM could not have seen it so quick and then made a decsion so quick.

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  • 2 weeks later...

hello all an update I have been sactioned for 2 weeks....I put a claim in for hardship and that has been disallowed....I guess they do not care that I have a child to feed along with my housing benefit that has stopped and my daughters school meals how do they expect me to pay for those when I am not recieving JSA... because JSA is paid in arrears It has been 3 weeks since I recieved any payments and who knows if they decide I have not done enough next time I sign on it could be even longer... The way people are treated by DWP disgusts me. All I can do is appeal but what good is that when My daughter and I are having to suffer now.

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hello all an update I have been sactioned for 2 weeks....I put a claim in for hardship and that has been disallowed....I guess they do not care that I have a child to feed along with my housing benefit that has stopped and my daughters school meals how do they expect me to pay for those when I am not recieving JSA... because JSA is paid in arrears It has been 3 weeks since I recieved any payments and who knows if they decide I have not done enough next time I sign on it could be even longer... The way people are treated by DWP disgusts me. All I can do is appeal but what good is that when My daughter and I are having to suffer now.

 

How on earth can they do that..? Is your human rights been affected here as it says in "Article 3: Prohibition of Torture" that the government should not withhold state support from asylum seekers because doing this would leave them destitute (penniless).

Now i'm no expert on the human rights act but if the government wont sanction asylum seekers benefits then why should they do that to you and especially you have a child? You are going to be 2 weeks in debt as well with the rent, plus you will have to borrow till you get your money sorted and you dont no when thats going to be..! i can't beleive they can do this type of thing. I would try alsorts, i would get in touch with my local MP, email downing street and i would go as far as getting in touch with the european courts, yes i no they cannot do anything but i would still do it and get as loads more people from this site to write or fax them with issues about the same thing because they just cannot treat people like this.. its all wrong and i'm fuming.!!

Two people last week as been thrown off ESA, one is as blind as a bat and suffers with angina and depression and the other is autistic and doesn't understand a word anyone says to him and cannot speak a word himself, and both need carers.! yes they are appealing but that's not the point.. this type of thing should not happen..!!

Get in touch with everyone you can think of oblivious cos you have nothing to lose cos you've lost it all anyway..!

European Court of Human Rights

Council of Europe

67075 Strasbourg Cedex

France

Tel : +33 (0)3 88 41 20 18

Fax : +33 (0)3 88 41 27 30

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you need to get to apply for a crisis loan straight away,and see if you can access a food bank.also contact the cab and write to your mp.you cannot afford to take this lightly.appeal also stating your health problems too.follow the advice above which is good too.

 

the whole key to this is apply for anything and to keep to a reasonably set out jobseekers agreement,keeping a record of what you have done.to stay organised do what i did write out monday-friday the steps you perform each day spread over the week on a notepad then copy them over to your job log as you go.depending on the job visiting employers could mean just checking supermarket vacancy boards for example.

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omg I have just found out the reason I have been refused hardship.... they said it was because I did not send the claim form in untill the 9th sept and the sanction was from 19th august till the 6th sept.....what planet do these people live on I was told when I went to sign on I could not claim untill a decsion had been made and that decision was made on the 9th sept....also how on earth could I have known before the 6th sept that I was going to be sanctioned as JSA is paid in arrears....The advisors at the job centre know nothing as I had to beg for hardship form in the first place as they told me I could not claim for the first two weeks....I cannot believe they cannot use common sense I infuriated

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thankyou for your replies tidon and seen it before I am going to appeal and show them up for what they really are..... they are so incompetent that I have still not recieved a letter stating that I have been sactioned and not recieved a letter to say hardship has been refused...they cannot blame royal mail as they managed to get the letters sent out when a doubt has arisen within 2 days... I have applied for a crisis loan seen it before that is how I found out why they refused hardship and the guy on phone said that he would make a exception given the circumstances I been put in as usually he said they do not give them if in hardship because of a sanction and gave me a loan thankfully

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omg I have just found out the reason I have been refused hardship.... they said it was because I did not send the claim form in untill the 9th sept and the sanction was from 19th august till the 6th sept.....what planet do these people live on I was told when I went to sign on I could not claim untill a decsion had been made and that decision was made on the 9th sept....also how on earth could I have known before the 6th sept that I was going to be sanctioned as JSA is paid in arrears....The advisors at the job centre know nothing as I had to beg for hardship form in the first place as they told me I could not claim for the first two weeks....I cannot believe they cannot use common sense I infuriated

 

This makes no sense at all. Your adviser recommends that because they feel you haven't done enough, you may get a sanction. This is then sent to a decision maker (DM) who makes the final decision. That can take a few days.

 

Was the 6th your signing on day?

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sorry I have not been very clear ok...my signing on day was 1st sept....on this date I was told because I dod not write to or ring 3 employers each week my benefit would be suspended.... I then asked for a hardship form which she did not want ot give me but I refused to leave untill she gave me one....she gave me the form and told me I could not claim hardship untill a decision was made..... on the 6th sept which it the date I was supposed to be paid I did not receive any payment so I called the help line and they me I had been sanctioned from 19th August till the 1st sept.....the same day I sent off the hardship form which they have said they recieved on the 9th sept.....I was told that I should have claimed from the the first day of the sanction and that I had sent the form in too late!!! ...How could I have sent it in any sooner unless they think I am psychic and can see into the future.

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I just cannot understand the law that they have the right to stop peoples benefits and leave them destitute and in debt and especially more so in your care with you having a child? I no its hard to bring your human rights into it and the law is the law but the more people who go down different routes and complain in stead of just excepting it then it could get highlighted to show how people are been bullied, intimidated and treated like a animal. I would advise everyone to complain to there MP, downing street, solicitors, CAB and even write or fax European Court of Human Rights. People have nothing else to lose so why not..!

Glad you have got something anyway..!

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that I have still not recieved a letter stating that I have been sanctioned

 

they are supposed to tell you but they clam up at that point and trying to get information is difficult patchy and time consuming.the worrying thing here again someone with anxiety and depression and being sanctioned.as you have these illnesses under the gp then there is grounds to appeal.

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