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    • 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.
    • 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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    • 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.

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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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The Nuclear Position


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I had hoped this was going to be a sensible discussion about the use of nuclear power.

That hope seems forlorn with that video as the starting point.

 

Its like starting a discussion on the future of the royal family with a david icke rant claiming they are shape shifting alien lizards!

 

and thats relevant because david ickes ramblings and this video are promoted on the same sort of sites

 

In the words of a famous nuclear physicist - 'You cannot be serious'

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I had hoped this was going to be a sensible discussion about the use of nuclear power.

That hope seems forlorn with that video as the starting point.

 

Its like starting a discussion on the future of the royal family with a david icke rant claiming they are shape shifting alien lizards!

 

and thats relevant because david ickes ramblings and this video are promoted on the same sort of sites

 

In the words of a famous nuclear physicist - 'You cannot be serious'

 

 

My whole point is to find out if it should be taken seriously or not. It's easy to dismiss him as a lunatic, but some of what he is saying is so specific that it seems to be a case of at least lets hear him out and then see if there is any truth in what he is saying. I am pretty sure if you listen to David Icke, then you will see that he suckers people in with halve truths, mixed with fiction, fantasy and a good tale. This is a little different to Icke simply because Icke can be seen as trying to make a buck.

 

This guy does seem sane and does not seem to be involved in what he is doing for the money. I am only after the truth, if this guy is an idiot or a liar etc then great at least I will have seen enough possible debate to consider what he is saying as absolute nonsense, but to totally dismiss him, without any debate is to my mind, no different to saying hey Edison's DC is best and Tesla's AC is bad because the authority of the day tells us its that way, because ultimately Edison was defending his business, reputation and income based on bias rather than fact.

 

Think of it like science, I am only after the truth, if he turns out be a nutter then great, if he turns out to be telling the truth, then he is one of the biggest whistle blowers of all time, either way, I wanna know.

 

Also as CAG is all about us vs the MAN and how the MAN is always screwing us, I thought this was a good place to at least open it up for debate.

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My whole point is to find out if it should be taken seriously or not. It's easy to dismiss him as a lunatic,

 

I'm no nuclear physicist (just like most tennis players) but I think

Hiroshima

Nagasaki

and the issues with depleted uranium shells used in Iraq answer any doubts quite adequately for me.

and if they didn't, then Chernobyl certainly would.

 

Now I am completely in favour of nuclear energy as the only real option available for our growing energy needs, even if I have no faith in the commercial and political rather than best scientific decision processes in how, let alone whether nuclear energy is or is not used.

 

Sadly, I also don't think spreading nuclear waste on our toast in the morning would resolve the disposal issue effectively despite the claims in the video.

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Crumbling Hospitals, Schools, council services, businesses and roads

 

If only the Govt had thrown a protective ring around care homes

with the same gusto they do around their crooked MPs

 

10 years to save the Vest

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I am no nuclear physicist either but I do think what he is saying holds some validity:-

 

 

He actually describes the above dramatized version of the event in his talk, what get's me is that they are all in the room without much in the way of protection, which is how I have heard and seen this event re-told many many times over. If it's that lethal then wouldn't going near the thing without wearing full hazard suits etc be considered at least prudent.

 

It's called tickling the dragons tail as shown above and described here :-

https://en.wikipedia.org/wiki/Demon_core

Keep in mind the above shown material is weapons grade, which is considered way beyond low or high level waist.

 

I am a scientist at heart - so truth and understanding is my goal, not outlandish conjecture or wild conspiracy, but if he is right, then God almighty this raises so many questions.

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I am no nuclear physicist either but I do think what he is saying holds some validity:-

 

 

It's called tickling the dragons tail as shown above and described here :-

https://en.wikipedia.org/wiki/Demon_core

Keep in mind the above shown material is weapons grade, which is considered way beyond low or high level waist.

 

I am a scientist at heart - so truth and understanding is my goal, not outlandish conjecture or wild conspiracy, but if he is right, then God almighty this raises so many questions.

 

and from the wiki link you give :

"The demon core was a 6.2-kilogram (14 lb), 3.5-inch-diameter (89 mm) subcritical mass of plutonium which went briefly super-critical in two separate accidents at the Los Alamos laboratory in 1945 and 1946. Each incident resulted in the acute radiation poisoning and subsequent death of a scientist. After these incidents the spherical plutonium pit was referred to as the "demon core."

 

They died.

 

there is also the consideration that if this guy is right, then it would lead to pretty much all of high energy physics and most of chemistry being wrong.

They work far to well for that to be likely.

 

Although we clearly don't know all there is to know, and there are some real discrepancies in our understanding (the great walls and the structure of Galaxies for starters) I don't think we could possibly be as far wrong currently as would be needed for this guy to be right.

The Tory Legacy

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Crumbling Hospitals, Schools, council services, businesses and roads

 

If only the Govt had thrown a protective ring around care homes

with the same gusto they do around their crooked MPs

 

10 years to save the Vest

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My point

" If it's that lethal then wouldn't going near the thing without wearing full hazard suits etc be considered at least prudent."

Why are they all standing around weapons grade stuff dressed as if its an average day at the office!

What the guy is saying in the first video basically means that nobody should be anywhere near this thing and according to the regulatory authorities, all of them in the room would be contaminated including the room itself just by taking it out the box!

Much lower grade waste material just being in the room with them would according to the authorities, be considered a hazard zone that would need a fortune spent on cleaning it up - A FORTUNE.

 

My logic is only based on observation, if you have hard empirical data then let me know.

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My logic is only based on observation, if you have hard empirical data then let me know.

 

Observation of what though?

That is what you need to ask yourself.

 

Don't forget that there were nuclear artillery where the nuclear shells were shielded enough for them to be carted around in wombat sized vehicles.

https://en.wikipedia.org/wiki/W48

 

Like cooling pools - which? Power stations and reactors have a number.

Bubbling steaming pits full of super-hot cooling rods really belong in James Bond movies (and are very enjoyable there)

 

LOL Wombat vehicles, not the marsupial,

The Tory Legacy

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Crumbling Hospitals, Schools, council services, businesses and roads

 

If only the Govt had thrown a protective ring around care homes

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The point of his video that he seems to want to make clear is that WE are all paying a fortune for something that WE may not need to be paying a fortune for - the regulations have hiked the price of the nuclear option, for so many dubious reasons, seems to be his message. So should we all be asking deeper questions or maybe we should all just accept everything we are told without question!

 

I am curious enough to ask :)

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I am curious enough to ask :)

 

I understand, I did the same on many occasions (as you might realise) and almost exclusively came out disappointing once examined. But it was something I had to prove to myself.

 

If you really want real mysteries which cast questions on current scientific mainstream beliefs, then look up

The great Wall

http://www.science-frontiers.com/sf067/sf067a08.htm

M.J. Geller, codiscoverer of the Great Wall with J.P. Huchra, remarked:

 

"My view is that there is something fundamentally wrong in our approach to understanding such large-scale structure -- some key piece of the puzzle that we're missing."

or the issue that our understanding of Gravity despite enabling us to get to pluto cannot explain why Galaxies spin as they do without flying apart.

 

Good Hunting

The Tory Legacy

Record high Taxes, Immigration, Excrement in waterways, energy company/crony profits

Crumbling Hospitals, Schools, council services, businesses and roads

 

If only the Govt had thrown a protective ring around care homes

with the same gusto they do around their crooked MPs

 

10 years to save the Vest

After Truss lost the shirt off the UKs back in 49 days

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I feel like someone who has been told to look over there and forget this, nothing to see here.

Stay on target or at least on thread topic, dark flow and dark energy debates please leave at the door.

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I feel like someone who has been told to look over there and forget this, nothing to see here.

Stay on target or at least on thread topic, dark flow and dark energy debates please leave at the door.

 

Ok then perhaps investigate the issue with subcritical masses going super-critical as can happen, hence the safety precautions and immense cost with something that might otherwise be considered only a relatively mild health hazard (in significant but far lesser shielding).

(Let alone ensuring that nobody could just nick some in passing)

The Tory Legacy

Record high Taxes, Immigration, Excrement in waterways, energy company/crony profits

Crumbling Hospitals, Schools, council services, businesses and roads

 

If only the Govt had thrown a protective ring around care homes

with the same gusto they do around their crooked MPs

 

10 years to save the Vest

After Truss lost the shirt off the UKs back in 49 days

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I do take your points on-board, but I think his underlying message is this, we could be doing it all a hell of a lot cheaper and potentially even safer than we are currently doing it, but the industry is using scare tactics to hike the price way higher than it has to be, profit is the goal of almost every business as most CAG viewers will attest to.

 

The scientist who was killed in the above video, did the math after the flash to see who in the room would be OK or not as the case maybe, suggesting that even back then we knew the risks and the math etc. So if these experts are willing to be in a room with weapons grade stuff and they knew the risks involved, then it seems at least to me that some of Galen's points are valid.

 

It is my believe that the nuclear industry has been ripping of the consumer for decades and also the way we currently produce power in big processing plants like he describes may also be the wrong approach, see:-

 

Galen even said in the video we haven't built a nuclear reactor right yet and smaller local reactors etc are the way to go - watch the above link for more on this train of thought. It seems he may have been a man ahead of his time in some respects. I think he was also a man with a message and he should've been listened to a whole lot more.

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I do take your points on-board, but I think his underlying message is this, we could be doing it all a hell of a lot cheaper and potentially even safer than we are currently doing it,

 

I think Chernobyl should convince otherwise even if nothing else does.

 

I see and can find absolutely NO facts whatsoever supporting the position presented in that video. There is lots of innuendo and obtuse illogic.

 

That there are now better ways to build reactors than there were 20 years ago, and that politics and economics have always defined how, when and whether nuclear reactors are built is pretty much unquestionable, yet even that isn't presented in any way realistically.

 

It's conspiracy nut stuff which actually clouds not clears the realities of the situation. That is my honest opinion which to me it is supported by all real-world facts, knowledge and events.

 

Let me end with a question:

Given 3 mile island and Chernobyl, would you want a garden shed nuclear reactor, hacked together from a nuclear artillery shell and the remains of a still at the bottom of your garden, or even in the same county as you and your family?

... Even if it could give out enough energy to do more than boil a kettle as a reactor, despite the shell being able to destroy a reasonably sized Town?

The Tory Legacy

Record high Taxes, Immigration, Excrement in waterways, energy company/crony profits

Crumbling Hospitals, Schools, council services, businesses and roads

 

If only the Govt had thrown a protective ring around care homes

with the same gusto they do around their crooked MPs

 

10 years to save the Vest

After Truss lost the shirt off the UKs back in 49 days

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  • 1 year later...

I think every thread should be taken seriously, because one day someone will start this war and the world we know will end. There are many people who scaring other countries with nuclear weapons. Even is it **** next time can be a real thing.

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  • 3 months later...

Why does every debate on nuclear "issues" always bring weapons and power generation into the same room? They're two entirely different things!!!!!!

 

My option on power generation?

Chernobyl is the worst nuclear disaster in human history, but the remaining 3 reactors were kept running for decades after the incident and the whole place is now a tourist destination. Guess what my opinion is.....

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  • 1 year later...
  • AndyOrch changed the title to The Nuclear Position
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