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    • 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?
    • Less than 1% of Japan's top companies are led by women despite years of efforts to address the issue.View the full article
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      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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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.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      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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A strain of influenza which hit Australia and affected 98,000 people, is set to come to Britain


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even the birds are getting their flu "This is the first time avian flu has been identified in the UK this winter ...', well h5ns whatever that means :)

https://www.farminguk.com/news/Seventeen-wild-birds-confirmed-with-bird-flu-in-Dorset_48346.html

at least '...The strain, however, is the European strain, as opposed to the Asian strain, which is not associated with humans...' :)

 

H5N6.

 

From that article: "Defra, via the World Organisation for Animal Health (OIE), has confirmed High Path Avian Influenza in Abbotsbury, Dorset."

 

I suspect they mean "HIGHLY PATHOGENIC" rather than "HIGH PATH".

 

" while the disease does not represent a threat to the public, it is highly infectious and deadly to birds.", so it is highly pathogenic to birds.

If it isn't a threat to the public, then it is either (or both!) of:

a) Not easily transmitted to humans from birds, (and/or)

b) Not likely to cause severe disease if it does get transmitted....

 

So, no concern for it causing a major problem in humans, just so long as it doesn't mutate (+/- co-infect with a more pathogenic strain, that then may swap genes, increasing the pathogenicity of the resulting strain).

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hopefully they wont get the asian strain (which it infers could pose a risk to humans). though hasn't the asian strain been around in the uk for quite awhile before! :)

apparently japan are culling their chicks again re h5.

a bit off topic i know, but maybe it could be somehow related re a virus

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Just look after yourselves, if you feel your body is struggling get to the GP. We battle on with paracetemols but there's a point where they are not the answer. We battle on but there's a point where you need more help. A friend of mine ended up in hosp with pleurisy thinking cough meds would help. I had a nasty cough couldn't eat bed ridden a couple of years ago. Rang docs said I was coming to surgery and would wait if no appointments. Just about drove there and explained to doc lets try antibiotics or next stop is hosp. Antibios worked thank goodness but I knew my body was going down.

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imo, paracet are never the answer. just a mask.

it's the usual see how it is after a couple three weeks. take a placebo, if no joy, see a gp.

then when get there it is see how it goes for a couple of weeks.

hang on i've been like this for 4+ weeks!

:)

damn those birds.

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Plenty of colds/flu and other things going around work, causing sickness.

 

Glad I was a sickly child, so my immune system was well developed before becoming an adult.

We could do with some help from you.

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thats a fair point about developing a good immune system.

nowadays, its anti bacterial/virus this and that, sprays, wipes, etc. so childs now they may be less exposed to certain bacteria, and so may not develop certain natural immunity as a child.

but, the flu virus can't be killed can it?

what are the stats. is there more young/mid adults (rather than elderly/with other ill) suffering from flu now.

this is interesting;

'...In the UK the nasal flu spray has worked well in young people since it was introduced in 2013. It was used for many years in the US and has a good safety profile. Research from 2016 showed that the nasal flu vaccine was no longer working well in children in the US, and for this reason the vaccine is no longer recommended for use in the US. However, research in the UK shows the opposite...'

http://vk.ovg.ox.ac.uk/nasal-flu-vaccine

 

didn't realise this; !'The 1918 flu epidemic is estimated to have affected half the world's population, and killed 40-50 million people worldwide. .....' above link.

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thats a fair point about developing a good immune system.

nowadays, its anti bacterial/virus this and that, sprays, wipes, etc. so childs now they may be less exposed to certain bacteria, and so may not develop certain natural immunity as a child.

but, the flu virus can't be killed can it?

what are the stats. is there more young/mid adults (rather than elderly/with other ill) suffering from flu now.

this is interesting;

'...In the UK the nasal flu spray has worked well in young people since it was introduced in 2013. It was used for many years in the US and has a good safety profile. Research from 2016 showed that the nasal flu vaccine was no longer working well in children in the US, and for this reason the vaccine is no longer recommended for use in the US. However, research in the UK shows the opposite...'

http://vk.ovg.ox.ac.uk/nasal-flu-vaccine

 

didn't realise this; !'The 1918 flu epidemic is estimated to have affected half the world's population, and killed 40-50 million people worldwide. .....' above link.

 

The flu viruses are easy enough to kill. They are “enveloped” viruses, so anything that disrupts the envelope (such as alcohol hand gel used to disinfect clean hands) will do it.

 

The difference in the effectiveness of the live attenuated vaccine for children observed between the US and the U.K. is that the guideline for children in the US also gives a dose of the inactivated vaccine (used here in adults) earlier. Hence less additional protection given by the subsequent live vaccine in the USA compared with the U.K.

 

A downside to this is that if the USA stop recommending the attenuated vaccine there will be less market for it, and the manufacturers might find it less profitable / stop producing it at all, as a result!

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ok. at its source then it can be dealt with. but, when its developed in someone it can't be killed off as such, it's down to someones immune system (perhaps with a boost) to suppress it (but not actually kill it)?

 

i don't understand your second para atm, will have a look.

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i don't understand your second para atm, will have a look.

 

I’ll paraphrase.

 

 

'...In the UK the nasal flu spray has worked well in young people since it was introduced in 2013. It was used for many years in the US and has a good safety profile. Research from 2016 showed that the nasal flu vaccine was no longer working well in children in the US, and for this reason the vaccine is no longer recommended for use in the US. However, research in the UK shows the opposite...'

http://vk.ovg.ox.ac.uk/nasal-flu-vaccine

 

It is the same nasal vaccine in the US and U.K.

It is an attenuated live strain .... it gives you a mild ‘flu that gives you immunity.

(In the same way that the first polio vaccine (jab) was an inactivated vaccine, but the later Sabin vaccine was an attenuated live vaccine (taken orally, hence the ‘sugar lump’, which caused a minor infection in the gut, causing people to make immunity ....)

 

So why does it work less well in the US?.

Because the children in the US have already had a dose of the inactivated vaccine, so already have some immunity, so they “fight off” the vaccine strain before it can provoke as good a response as it does in the U.K., where children don’t get the inactivated vaccine (jab) before they get the nasal (attenuated, live) vaccine

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Really interesting.

 

Anecdotal evidence. Younger people (under 40) at work getting flu and oldies (over 40) not getting it, when sat in close proximity.

 

Think Ford may have a point re immune system build when younger helping older generations, but younger people perhaps not had same experience.

We could do with some help from you.

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bazza, you shld get in touch with them help them out.

they say in that link that '...It is not known why there is such a big difference between the US research and the UK and Finnish research, but the UK will continue to monitor this...'

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bazza, you shld get in touch with them help them out.

they say in that link that '...It is not known why there is such a big difference between the US research and the UK and Finnish research, but the UK will continue to monitor this...'

 

I’m only going on a report I’ve read (of comments by Prof. Maria Zambon, when she was asked about this at a conference).

I guess they could always ask her .....

 

Yet again, folks, remember “there are lies, damned lies, and statistics”.

“Torture your data enough, and it’ll tell you what you want to hear”.

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  • 4 weeks later...

The experts are still discussing if they need to change from the current "2 different vaccines" approach to "3 different vaccines".

The inactivated vaccine (still used for adults in the UK) has been found not to give a good immune response in children, so they are given an attenuated vaccine instead (if it can be safely used ; if immunocompromised they would get the inactivated vaccine instead).

 

The upcoming possible change is because the inactivated vaccine has been found to give a poor response for the current strains in the over-65, the discussion being if they move to a (still inactivated) vaccine that also contains an adjuvant to boost immune response, for the over 65's.

 

You heard it here first, folks.

 

Now confirmed.

 

NHS to use new type of flu jab next winter

http://www.bbc.co.uk/news/health-42964393

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We ordered ours just before Christmas - hundreds of doses for the over 65’s of the new adjuvanted ‘fluad’ vaccine and the quadrivalent one for our u65 chronically ill patients and of course the live attenuated nasal spray for the nippers. It’s almost a military operation that’s planned out 10 months before it happens.

My views are my own and are not representative of any organisation. if you've found my post helpful please click on the star below.

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We ordered ours just before Christmas - hundreds of doses for the over 65’s of the new adjuvanted ‘fluad’ vaccine and the quadrivalent one for our u65 chronically ill patients and of course the live attenuated nasal spray for the nippers. It’s almost a military operation that’s planned out 10 months before it happens.

 

Sounds a bit like Christmas.

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Sounds a bit like Christmas.

 

It happens predictably every year?

The Press make a fuss about it, as on a ‘slow news day’ they have a filler piece saying it is going to be the best / worst in years?

 

So, yes, sounds exactly like Xmas .......

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