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    • Hi LFI, Your knowledge in this area is greater than I could possibly hope to have and as such I appreciate your feedback. In your point 1 you mention: 1] there is a real danger that some part of the appeal will point out that the person appealing [the keeper ] is also the driver. I understand the point you are making but I was referring to when the keeper is also the driver and admits it later and only in this circumstance, but I understand what you are saying. I take on board the issues you raise in point 2. Can a PPC (claimant) refer back to the case above as proof that the motorist should have appealed, like they refer back to other cases? Thanks once again for the feedback.
    • Well barristers would say that in the hope that motorists would go to them for advice -obviously paid advice.  The problem with appealing is at least twofold. 1] there is a real danger that some part of the appeal will point out that the person appealing [the keeper ] is also the driver.  And in a lot of cases the last thing the keeper wants when they are also the driver is that the parking company knows that. It makes it so much easier for them as the majority  of Judges do not accept that the keeper and the driver are the same person for obvious reasons. Often they are not the same person especially when it is a family car where the husband, wife and children are all insured to drive the same car. On top of that  just about every person who has a valid insurance policy is able to drive another person's vehicle. So there are many possibilities and it should be up to the parking company to prove it to some extent.  Most parking company's do not accept appeals under virtually any circumstances. But insist that you carry on and appeal to their so called impartial jury who are often anything but impartial. By turning down that second appeal, many motorists pay up because they don't know enough about PoFA to argue with those decisions which brings us to the second problem. 2] the major parking companies are mostly unscrupulous, lying cheating scrotes. So when you appeal and your reasons look as if they would have merit in Court, they then go about  concocting a Witness Statement to debunk that challenge. We feel that by leaving what we think are the strongest arguments to our Member's Witness Statements, it leaves insufficient time to be thwarted with their lies etc. And when the motorists defence is good enough to win, it should win regardless of when it is first produced.   
    • 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.
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      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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      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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Cash4Phones - got CCJ against them..should i use bailiffs to enforce it...


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This is my frist time dealing with any thing like this and I feel a bit out of my depth. I started procedures against Cash4Phones some time ago but have heard nothing from them. This is what's happened so far:

 

Issue date: 29/10/2013

 

I sent in my iPhone 4 to Cash4Phones,

promised between £130 and £140. I was instead

then quoted £54.60 due to 'excessive wear and

tear.' However, the phone was spotless and

could have been sold 'as new' quite easily. I

Googled feedback from the company and it

seems that this is standard practise. I

argued and it was eventually raised to £100.

I accepted, albeit begrudgingly. Apparantly

that is standard practise too.

 

I spent hours on hold over a spread of 3

days. My mobile and home phone bill increased

by £52. Sometimes, the phone would be picked

up, someone would burp loudly, and then put

the phone down again, or pick it up and just

put it straight down again. I then had to

ring again and go back on hold.

 

I recived a cheque for £100 after 23 days

instead of 10. I am hereby claiming my phone

bill, plus the difference between the

original quoted price of £130 and what I

actually recieved.

After waiting a month, there has been no defence and so a judgement by default was issued on 29/11/2013. There has been no reply to this as of 03/12/13.According to MCOL, the only option I have now is to issue a warrant, which would cost £100. At this point, they owe me £107 so that seems a bit pointless.

 

I used this address:

Cash4phones

 

15 Gateway Mews

 

Ring Way

 

London

 

N11 2UT

...but how do I know that's their offices? It could just be their warehouse or whatever.

 

 

I am in receipt of ESA and cannot really afford this easily. I suffer from mental health issues which complicates things. (Schizophrenia, depression, post-traumatic stress)

 

What to do? Thanks so much in advance.

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I would issue a warrant which will be added to the bill.

 

They could challenge the ccj but hardly worth it for them.

 

Likelihood is that they'll pay up when pushed. Prob many people screwed over and the odd claim viewed as an inevitable small risk

CAG has helped me so much since I joined. Based on what I have learnt from others on here and my own experiences, I try to chip in and help others from time to time. I am not an expert and give my opinion only. Always check with the more experienced CAG members before making important decisions.

:-)

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You have done very well to get any money at all.

 

Read through this forum and the recent threads about this company.

 

I would suggest that you hold off enforcement until there is clear information available as to the whereabouts of any the people involved.

You have your judgment. You can issue a warrant very quickly if it becomes possible to enforce it.

At the moment, I don't fancy your chances.

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After reading other threads, I agree with bankfodder. My suggestion was a little too kneejerk so ill read up more in future before responding

CAG has helped me so much since I joined. Based on what I have learnt from others on here and my own experiences, I try to chip in and help others from time to time. I am not an expert and give my opinion only. Always check with the more experienced CAG members before making important decisions.

:-)

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could you not apply for a high court writ to be enforced ?

 

This can be an extremely expensive option if the enforcement is not successful. But anyway, the judgment has to be for a minimum of £600, I believe.

High Court enforcement will have just the same difficulties as bailiffs if Cash4phones can not be found.

 

Inform the police and inform trading standards

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At this time bailiffs would be a complete waste of money. Wouldnt surprise me at all if this greek guy was reselling the phones on ebay.

 

Did anyone think to call the phone operator and get the imei cancelled?

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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Who have you got judgment against?

 

If it is just 'Cash4phones' then this is just a trading name and is a non-entity making enforcement very difficult. You always need to ensure you sue the correct party.

 

Cash4phones is a trading name of C4P Trading Limited, a company registered in England (Company No: 06300042). They have multiple CCJ's recorded against them and appear to be trading from a virtual office.

 

The sums are too low to use an HCEO so you're stuck with the County Court Bailiffs, who are often pretty ineffective in usual circumstances let alone one where the entity may not exist.

 

I'd be tempted to cut your losses.

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I'd be tempted to cut your losses.

 

And let them just get away with it?

 

No. I certainly won`t do that.

 

I`m aware they may read this board so i`ll be going quiet on exactly my efforts for now. But they`re for much more than they bargained for.

 

Also good luck to the OP, you`re not alone, m8.

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And let them just get away with it?

 

No. I certainly won`t do that.

 

I`m aware they may read this board so i`ll be going quiet on exactly my efforts for now. But they`re for much more than they bargained for.

 

Unless you find where they are, you wont be able to do anything. If you find the owner, you cant do anything apart from call the police, as your claim is on the company, and if he;s done this to thousands of people, i can guarantee he wont be stupid enough to write a personal guarantee against his company.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Who have you got judgment against?

 

If it is just 'Cash4phones' then this is just a trading name and is a non-entity making enforcement very difficult. You always need to ensure you sue the correct party.

 

Cash4phones is a trading name of C4P Trading Limited, a company registered in England (Company No: 06300042). They have multiple CCJ's recorded against them and appear to be trading from a virtual office.

 

The sums are too low to use an HCEO so you're stuck with the County Court Bailiffs, who are often pretty ineffective in usual circumstances let alone one where the entity may not exist.

 

I'd be tempted to cut your losses.

 

There must be an office from which staff actually work from, other posts have pointed to recent job adverts. Although it may be there is little actually owning to the company on site, although I suspect that there would be enough to satisfy a single ccj.

 

Trouble is where is this 'office', I was tempted to respond to the recent job ad but its not quite my area of expertise although it was an IT role.

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And let them just get away with it?

 

No. I certainly won`t do that.

 

I`m aware they may read this board so i`ll be going quiet on exactly my efforts for now. But they`re for much more than they bargained for.

 

Also good luck to the OP, you`re not alone, m8.

 

I fully understand your position but sometimes you have to make a commercial decision. We see many cases where people throw good money after bad.

 

I wish you both luck and genuinely hope you get paid what you're owed.

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There probably arent any jobs at all. Some companies who operate like this, just advertise to make it look like theyre a professional company. If anyone applies, they can easily say " sorry, you dont meet our requirements".

 

Like i said, i wouldnt at all be surprised if he is flogging these on ebay or somewhere else.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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There probably arent any jobs at all. Some companies who operate like this, just advertise to make it look like theyre a professional company. If anyone applies, they can easily say " sorry, you dont meet our requirements".

 

Like i said, i wouldnt at all be surprised if he is flogging these on ebay or somewhere else.

 

Well the most recent ad was via an employment agency and was quite a specilaised IT/Web role, I doubt a company would pay fees to an agency if they didn't want anyone, it would be a waste of money.

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Well, nobody can find them, not even the police. So it does make you think.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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They have had a name change

 

YEMONIA LIMITED

SUITE 21 5 SPRING STREET

PADDINGTON

LONDON

UNITED KINGDOM

W2 3AQ

Company No. 06300042

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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The problem is that bailiffs want a quick fix.

If a company doesn't seem to be there - they tend to move on to their next collection

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