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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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What are my options for a remark? Taking an access course


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I started an Access to medicine course (level 3, basically A levels, but a bit easier than A levels) in September last year. I received the highest possible grade in all my modules except one.

 

The possible grades are as follows: pass, merit and distinction. In general for these types of course a pass = above 40%, a distinction = above 70% and a merit is in between. However, instead of % grading they have very subjective grade criteria, from which the marker gets to choose a grade for each criteria and then average them all for the final grade.

 

The module in question was a research paper, in which I got a "pass". The requirements called for a 3,500 research paper. We could have covered anything as long as it was related to medicine.

 

Normally the projects are marked by one particular tutor, but this year another tutor marked half of the projects and the work was split between them. My work was marked by this new tutor, who was my project supervisor. My project supervisor gave me feedback on my final draft on the day of submission, and she did this to at least 3-4 other people. I implemented her suggestions (even though a few of them had nothing to do with the aim of my project - which suggested she didn't know what the aim of my project was). Some of these people got extensions from the course coordinator due to the last day feedback, but as my supervisors suggestions were brief and she never indicated that she thought my project was in trouble, so I submitted it. Throughout the year I got the impression she had not read any of the drafts I had sent her because her feedback often asked why I hadn't included certain information in my project, information that was actually in the draft in her hand - she just didn't read it and had obviously just skimmed it for a minute.

 

Before I handed in my paper, I sent it to an A level extended level project tutor (a very similar piece of work) who went through it for me. She offered me advice on how to improve it, and said in its current form it is worth about an A/A*. I made the suggested improvements and handed it in. When I found out that I got a "pass", I immediately went to my course coordinator to complain. He told me it is very unlikely that it will be remarked by someone else, and kept implying that I just don't like my grade.

 

He took me to see the project to make sure the grades on his clipboard were not just misrecorded, and I had indeed got "passes" in pretty much all the grade descriptors for my research paper. On the back of the grade paper there was a brief 4-5 line comment on my work from the person who marked it. The comments only said positive things. I confronted my course coordinator about this, and he came out with "we focus on the positive here".

 

He looked at it and said "well, looks a bit brief to me. Maybe that is why you got that grade. It seems to be clear and concise with no waffle, but maybe you didn't have enough content. How many words is it?". My paper was 5,652 words (before references and table of contents), 2,152 more than required. We were told we were allowed to go over. He said the most he can do is pass my comments on to the person who marked it, but I'm not getting a remark from a different person.

 

This is another defense he used to avoid giving a remark: We even have an external moderator” I was told, “who looked at a number of the projects”. I suspect their role is mostly to make sure that the college isn’t handing out distinctions to people who don't deserve them (which would devalue the course and course's designer and validator). These external moderators do not do blind, independent regrades of work which are then compared to the original grade to see if they match. GCSEs and A levels also have external moderators, but this is not used as an excuse to not have another person look at work that is in question

 

I opened a formal complaint with the college, which said they would investigate if "our assessment and moderation procedures were followed". I asked if this would include another person who wasn't involved in the dispute taking a look at my research paper, and they responded with "As this is now part of the college complaint process I regret I am unable to discuss any aspect of it."

 

They have not told me the outcome of the investigation yet, but I want to know what my options are once they have responded so that I can prepare.

Edited by John85123
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I started an Access to medicine course (level 3, basically A levels, but a bit easier than A levels) in September last year. I received the highest possible grade in all my modules except one.

 

The possible grades are as follows: pass, merit and distinction. In general for these types of course a pass = above 40%, a distinction = above 70% and a merit is in between. However, instead of % grading they have very subjective grade criteria, from which the marker gets to choose a grade for each criteria and then average them all for the final grade.

 

The module in question was a research paper, in which I got a "pass". The requirements called for a 3,500 research paper. We could have covered anything as long as it was related to medicine.

 

Normally the projects are marked by one particular tutor, but this year another tutor marked half of the projects and the work was split between them. My work was marked by this new tutor, who was my project supervisor. My project supervisor gave me feedback on my final draft on the day of submission, and she did this to at least 3-4 other people. I implemented her suggestions (even though a few of them had nothing to do with the aim of my project - which suggested she didn't know what the aim of my project was). Some of these people got extensions from the course coordinator due to the last day feedback, but as my supervisors suggestions were brief and she never indicated that she thought my project was in trouble, so I submitted it. Throughout the year I got the impression she had not read any of the drafts I had sent her because her feedback often asked why I hadn't included certain information in my project, information that was actually in the draft in her hand - she just didn't read it and had obviously just skimmed it for a minute.

 

Before I handed in my paper, I sent it to an A level extended level project tutor (a very similar piece of work) who went through it for me. She offered me advice on how to improve it, and said in its current form it is worth about an A/A*. I made the suggested improvements and handed it in. When I found out that I got a "pass", I immediately went to my course coordinator to complain. He told me it is very unlikely that it will be remarked by someone else, and kept implying that I just don't like my grade.

 

He took me to see the project to make sure the grades on his clipboard were not just misrecorded, and I had indeed got "passes" in pretty much all the grade descriptors for my research paper. On the back of the grade paper there was a brief 4-5 line comment on my work from the person who marked it. The comments only said positive things. I confronted my course coordinator about this, and he came out with "we focus on the positive here".

 

He looked at it and said "well, looks a bit brief to me. Maybe that is why you got that grade. It seems to be clear and concise with no waffle, but maybe you didn't have enough content. How many words is it?". My paper was 5,652 words (before references and table of contents), 2,152 more than required. We were told we were allowed to go over. He said the most he can do is pass my comments on to the person who marked it, but I'm not getting a remark from a different person.

 

This is another defense he used to avoid giving a remark: We even have an external moderator” I was told, “who looked at a number of the projects”. I suspect their role is mostly to make sure that the college isn’t handing out distinctions to people who don't deserve them (which would devalue the course and course's designer and validator). These external moderators do not do blind, independent regrades of work which are then compared to the original grade to see if they match. GCSEs and A levels also have external moderators, but this is not used as an excuse to not have another person look at work that is in question

 

I opened a formal complaint with the college, which said they would investigate if "our assessment and moderation procedures were followed". I asked if this would include another person who wasn't involved in the dispute taking a look at my research paper, and they responded with "As this is now part of the college complaint process I regret I am unable to discuss any aspect of it."

 

They have not told me the outcome of the investigation yet, but I want to know what my options are once they have responded so that I can prepare.

 

Who actually issues your grade?

The college or an examining body (such as AQA, Edexcel or OCR)?

 

If an examining body then the remark won't be done by the same examiner. If the college : then per the college's policy.

However, it seems to me that where an appeal is based on "possible wrong view of examiner" rather than "clerical error" there seems little point in asking the same examiner to go over the same ground.

 

Does the grade fit with your expected grade? Were they anticipating a distinction for the report too?

 

Edited to add : example (albeit from 30+ years ago)

A relative was expected to get an A in A-level politics.

(A* didn't exist back then ....)

They got a D. The school appealed to the examining board (unprompted by the student, such was the surprise).

 

They had answered one question from a very left-wing viewpoint. Their answer was apparently logical, precise, and well argued .... Just not what was in line with the examiner's _personal_ political viewpoint.

 

Re-marked by a different examiner : result - A.

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The college issues the grade. We were not given an "expected grade" for our modules, but a reference was written for me by the course coordinator and sent to universities with my UCAS application.

 

The reference included "Early assessments indicate that he has the potential to get distinctions across all 6 subjects on the Access to Medicine course. He is pro-active in consulting his tutors with questions to enhance his learning to the highest level after clearly studying in depth in advance".

 

"all 6 subjects" includes my report. None of my university choices will even consider me now due to this grade which is a complete divergence from all my other grades.

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The college issues the grade. We were not given an "expected grade" for our modules, but a reference was written for me by the course coordinator and sent to universities with my UCAS application.

 

The reference included "Early assessments indicate that he has the potential to get distinctions across all 6 subjects on the Access to Medicine course. He is pro-active in consulting his tutors with questions to enhance his learning to the highest level after clearly studying in depth in advance".

 

"all 6 subjects" includes my report. None of my university choices will even consider me now due to this grade which is a complete divergence from all my other grades.

 

Regardless of your ongoing appeal, the college should be able to provide you with their PUBLISHED appeals policy.

You need to see if this makes any comment on re-marking (and in particular, use of the same or different examiner)

 

I would still advocate that a "re-mark" by the same examiner could look like a rubber stamp of the original grade rather than a true appeal.

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The college charter says "

On Your Course The college will ensure that you have:

• A right to appeal against assessment decisions"

 

This is their appeals policy: ww w.cwa.ac.uk/documents/academicappeal.pdf

 

I had to put a space in the link because it said I can's post links until I have 10 posts

 

http://www.cwa.ac.uk/documents/academicappeal.pdf

Edited by citizenB
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I have popped the link into your thread, if it is the correct one, I will edit out the one with the gap for you :)

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The college charter says "

On Your Course The college will ensure that you have:

• A right to appeal against assessment decisions"

 

This is their appeals policy: www.cwa.ac.uk/documents/academicappeal.pdf

 

I had to put a space in the link because it said I can's post links until I have 10 posts

 

http://www.cwa.ac.uk/documents/academicappeal.pdf

 

Looks like you may need to follow the appeals procedure against the "Academic Judgement", if need be taking it to the Appeal Panel on the basis of "Grounds C", if your current representations aren't successful.

 

They will provide an "Academic Decision" according to their policy, which means at least two assessors / examiners : so it won't be "a rubber stamp exercise performed ONLY by the original examiner".

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What concerns me greatly is that it say that "Grounds C" is only considered in exceptional circumstances.

 

It also says that "An internal quality assurer will review the assessment concerned and will reach an Academic Decision with the assessor", which suggests to me that the original assessor will still be involved in the final decision.

 

It also says " The learner should provide the relevant Faculty Manager with a written description detailing how the grading criteria have been incorrectly applied"

I am also not sure what kind of evidence I should be submitting. Should I be sending the project to A level tutors, for example, and then get a review of it from them in writing?

 

I've noticed that the work I submitted is similar in quality to the exemplar research papers kept in the library, should I have be sending copies of these to A level tutors along with my research paper for comparison, so that the comparison can be used in an appeal?

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  • 2 weeks later...

They have finally responded to my complaint. They claimed that "The assessor had incorrectly transferred the gradings from the assignment frontsheet", which means that my grade will be changed from a pass to a merit.

 

The way it works is, if you have 4 passes on the grading front sheet, and 2 merits - they take the median grade which would be a pass. The problem is that I was shown the grading front sheet and it did have more passes than merits on it - so I have been told a lie. Someone has switched the sheet.

 

I am now faced with trying to appeal, but I am not sure how to gather evidence for such an appeal

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