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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?
    • Steam is still needed in many industries, but much of it is still made with fossil fuels.View the full article
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Do hard disks come under consumer rights act 2015 6 year rule?


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I believe after 6 months the onus is on you to prove the HD's faulty and not the retailer. You would have to obtain a report from an IT lab that inspects HD's and you would only get the cost of the report back if the retailer waa willing to do this. They might argue the toss. The IT lab report might not be accepted by the retailer.

 

A HD should still work within the reasonable lifespan of a computer. Certainly more than 2 years. I would have thought 4 years for a laptop was reasonsble and longer for a PC.

 

Suggest you contact the retailer to ask them for their procedure in dealing with faulty items after 6 months. See what they say. They might have an IT lab they use, but you can opt to find your own.

 

It depends on cost and hassle as to whether it is worth it.

We could do with some help from you.

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Maker?

There many recalls and known issues

Most good Manu's replace FOC up to 4 yrs

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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They are normally very good

See their UK website returns page and ring or email them

No harm in asking

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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So Sale of Goods act applies.

 

With Seagate, the system software diagnostics produces error codes, so this should mean something to Seagate. Do Seagate have an online forum or support ?

We could do with some help from you.

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yes, i reread after posting seeing you had the 2 year one. it was too late for me to edit my post.

 

from what you posted they lasted almost up to 3 years.

have you had a response back from your email to them.

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Correct me if am wrong, but in regard to any compensation related to loss of some use within reasonable lifespan of goods, if an item lasts 3 years rather than a reasonable 4 years, then any claim would be 25% of the goods value.

 

This is something that needs to be taken up with the retailer, by sending them a letter stating the basis of claim under Sale of Goods act. Work out what loss of use will not be enjoyed due to the fault and ask retailer for their remedy.

 

I should imagine the retailer might not be helpful and say that the hard drives will have to be inspected possibly at a cost that makes it not worth it.

We could do with some help from you.

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apparently benscooby has already contacted the retailer #7, so was just wondering for now if they had come back with anything.

ps, it would be difficult with hard drives. as you say what is 'reasonable' in a particular drives' used environment.

scooby, what is the drive model, home end or server use design.

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I only email the retailer saturday, no reply yet. They are a standard 3gb seagate home use drive.

ok, see what they come back with.

3gb! :)

 

just for info about some drive longevity. i've still got an old maxtor 20gb still running ok after what 10 odd years, i'll check its manufacture date.

then have had 2 seagates (under the old 5 yr) that needed to go back prior. 1 has since gone for good.

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ok, see what they come back with.

3gb! :)

 

just for info about some drive longevity. i've still got an old maxtor 20gb still running ok after what 10 odd years, i'll check its manufacture date.

then have had 2 seagates (under the old 5 yr) that needed to go back prior. 1 has since gone for good.

 

Sorry 3tb

 

My 1st hard disk was 80mb.

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st3000dm001 model

 

retailer's response

Good morning

Unfortunately after the warranty period we are unable to process returns for these drives.

If you would like to take this further we would suggest contacting the manufacturer direct at the following:

 

http://www.seagate.com/gb/en/support/warranty-and-replacements/

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Retailer is responsible under Sale of Goods act. But if they are refusing to assist you, then you would need an IT lab report in your favour to help you take this further. And you might have to take them to court and win before they settled.

 

See if Seagate can help in the meantime and if they can't you are left with a decision about whether it is worth taking it further with the retailer.

We could do with some help from you.

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Seagate replied via facebook asked me to PM, I've opened with this.

 

Hi, as per your request I am sending you a PM.

The drives were in a home PC I set up with 6 drives in RAID 10 for safe storage of family photos etc. Thankfully the RAID did its job and when I replaced a drive it rebuilt.

It is on a windows 7 PC, I will attach photos of the drives for the numbers etc

Interestingly I see this link suggesting the drives are of a poor quality.

https://en.wikipedia.org/wiki/ST3000DM001

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For info

 

https://www.backblaze.com/blog/what-hard-drive-should-i-buy/

 

 

I recall the rumor going around when reports of 'certain 1.5TB and 3TB drives started failing at disturbing rates among users, and the rumour said they were 2/4TB drives that had 'failed' formatting to their intended capacities - a bit like the older sx and dx intel chips

 

I remember when wd were the business for business, then they weren't with high failure rates, now ....

Like with some of the wd green drives that caused and still cause all sorts of issues in some racks and some circumstances.

 

Sadly Samsungs, which I swore by in recent years are now seagates which I swear at.

When I was sent seagates when I had ordered samsungs - I returned them. They had the same model numbers as the samsungs, but were labeled seagate and actually seemed clearly different drives (aside from the name).

 

As shown in the link, many seagate models seem good, but bad experiences stick in the mind.

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Is technology actually becoming more unreliable as it advances ?

 

Seems to me that hard drives etc were more reliable 10 years ago when they had smaller capacities of storage.

We could do with some help from you.

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Is technology actually becoming more unreliable as it advances ?

 

Seems to me that hard drives etc were more reliable 10 years ago when they had smaller capacities of storage.

 

 

Only sometimes when its new Unc, or there are other factors.

 

For instance the problematic seagate hdds would seem to be the 5/6 platter drives

There is far less evidence of the 'newer' 3TB drives with less platters being an issue - as of yet. Still wouldnt buy them though.

Seagates silence on the issue, and complete failure toi address the problems means that all seagate drives get tared with the same brush - as they should be in these circumstances.

 

There are also issues with wd 3TB drives albeit apparently at a far lesser scale. Whether this is because WD have/had a better warranty process or better drives I am unsure.

 

wd had their spell of high failure rates and customer wrath many years ago and perhaps learned the hard lesson better than seagate.

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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Seems to me that hard drives etc were more reliable 10 years ago when they had smaller capacities of storage.

:)

eg 2 hitachi's 80gb circa 2004 still in use ('good' status), albeit just re pc use (no server raid).

an older maxtor.

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