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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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      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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Have not heard anything in over 3 months: Caught 1st time shoplifting at Tesco


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This one is very simple. They cannot issue civil recovery against you because you paid for the goods you had taken. If you read back in this forum you will notice that when people are detained for theft, and they offer to pay for the goods they are refused - this is because they cannot issue civil recovery against them if they do. So you won’t hear from RLP at all. If they try to even contact RLP regarding this case, it is one of the first questions that is asked by RLP, before even the name of the offender - Did the offender pay for the items? If the answer is yes, it isn’t even continued. So don’t worry about that.

 

The same goes for the police. Once you made payment, as far as the police are concerned - the matter is dealt with. They won’t touch it with a barge pole. There was no crime, only an ‘incident’ that was dealt with between the interested parties.

 

Regarding past offences, there is no chance. Quite simply - for a start CCTV images are only retained for a maximum of 31 days. And even if there was something to find in the last 31 days, they would have to watch days of footage to find the few seconds you were at the self scan. They would have to pay somebody £8-9 an hour, for a few days to sit and watch to try to find evidence of a theft of a couple of pounds. Spending hundreds of pounds. It just won’t happen.

 

Learn from your mistake, put it out of your mind and move on my friend.

 

LPG

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This one is very simple. They cannot issue civil recovery against you because you paid for the goods you had taken. If you read back in this forum you will notice that when people are detained for theft, and they offer to pay for the goods they are refused - this is because they cannot issue civil recovery against them if they do. So you won’t hear from RLP at all. If they try to even contact RLP regarding this case, it is one of the first questions that is asked by RLP, before even the name of the offender - Did the offender pay for the items? If the answer is yes, it isn’t even continued. So don’t worry about that.

 

The same goes for the police. Once you made payment, as far as the police are concerned - the matter is dealt with. They won’t touch it with a barge pole. There was no crime, only an ‘incident’ that was dealt with between the interested parties.

 

Regarding past offences, there is no chance. Quite simply - for a start CCTV images are only retained for a maximum of 31 days. And even if there was something to find in the last 31 days, they would have to watch days of footage to find the few seconds you were at the self scan. They would have to pay somebody £8-9 an hour, for a few days to sit and watch to try to find evidence of a theft of a couple of pounds. Spending hundreds of pounds. It just won’t happen.

 

Learn from your mistake, put it out of your mind and move on my friend.

 

LPG

Hi and welcome to CAG.

 

 

Whilst this is true that no action can be taken, this does not stop the likes of RPL getting involved. They prey on the consumers lack of knowledge to obtain *cough* 'redress' *cough* for their acts. I have seen some threads on CAg where an 'alleged' shoplifter has paid for the goods after being caught and then been chased for security costs.

 

 

RLP like to claim that each event costs the retailer between £300 and £500 per incident and that the sum demanded is a contribution to the stores losses. This can never be true as RLP take a cut first before sending the remainder on to the store.

 

 

I could trawl this forum to find the relevant threads but I really can't be ar**d :lol:

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

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Hi Silverfox, and thank you for the welcome.

 

 

Whilst I agree that RLP do indeed prey on the worry of consumers or attempt to intimidate them into coughing up, I can only refer to my own experience, in that I have been serving Civil Recovery on people for close to 15 years (please don't judge me!).

 

You have to telephone RLP to report the incident (although they have now do online reporting too), and before you get into the particulars of the offender, or incident, they ask a couple of questions, such as

"is the offender under 16 or over 65?" and

"did the offender pay for the goods at any time?"

 

If the answer to any of the prerequisite questions is Yes, then they end the submission there and then.

 

Whilst of course I am not doubting you - I'm wondering how they fell through the cracks?

 

Perhaps they were very old cases, or the person reporting it neglected to mention to RLP that the offender paid for the goods? Who knows. :)

Edited by dx100uk
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So sign up to rlp must be a company wide global contract agreed at headoffice level for all stores, and you have to obey that eddit? And use rlp?

 

Always puzzled me how these stores get involved with rlp in the offset?

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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Hi DX,

 

 

Quite frankly, yes.

 

 

Companies decide at head office level who to use, usually RLP as they are the most prominent, and procedures are in place that state that, provided the offender meets the referral criteria - Civil Recovery must be served upon them (It's actually a simple mass photocopied A4 piece of paper that you just give to the detained person). Failure to do so can result in disciplinary action against the Loss Prevention Officer / Store Detective etc. There is one company in particular that analyse their Civil Recovery referral rate vs arrests and are very aggressive in their pursuit of it, analysing the submitted arrests and if they see no reason as to why certain arrests weren't referred to RLP then their Loss Prevention are brought into an interview to explain why.

 

 

So sign up to rlp must be a company wide global contract agreed at headoffice level for all stores, and you have to obey that eddit? And use rlp?

 

Always puzzled me how these stores get involved with rlp in the offset?

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arrests?

 

surely its not an arrest is it?

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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Share on other sites

and are staff allowed too arrest people?,

 

I know they can detain and take elsewhere to question and I know anyone can make a 'citizens' arrest' ,

but as to reading theirr ights etc, I thought that that is the only time an arrest could be made[after you are read your rights] and only by a policed officer etc?

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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Share on other sites

You are mostly right. The powers of arrest that Loss Prevention staff have are exactly the same powers as you have to detain somebody who has broken into your car, for example. These powers are granted to us under the Police and Criminal Evidence Act 1984.

 

 

It is sometimes called a 'citizen's arrest.'

 

 

We don't really 'read their rights' in this country. For an arrest to be legal, you have to identify yourself and inform the offender what they are being arrested for as soon as reasonably practicable. This goes for both Police and private citizens. The police then caution the arrested person "you do not have to say anything, but it may harm your defence etc etc" Now, best practice in most companies (including the one I work for now) is that LP caution the offender before engaging in conversation with them. I personally steer clear of doing this if I can help it as it can very quickly turn a calm cordial situation into a fraught one as you sound very much like a 'wannabe copper.'

 

 

I prefer the term 'detain' to 'arrest' for the very reason above - decent Loss Prevention teams are often tarred with the same brush as the 'wannabe coppers' but in reality, to pinch a few words from the legal definition of an arrest - you are depriving somebody of their liberty in order that they answer a criminal charge, so by detaining somebody for an offence, you are in fact arresting them.

 

 

and are staff allowed too arrest people?,

 

I know they can detain and take elsewhere to question and I know anyone can make a 'citizens' arrest' ,

but as to reading theirr ights etc, I thought that that is the only time an arrest could be made[after you are read your rights] and only by a policed officer etc?

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