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Found 10 results

  1. My daughter parked for too long and received a penalty notice. She forgot to tell me as I am the owner, so after 28 days I received a "notice to the owner" demanding I pay the full £70. I think that I should be afforded the same rights as the driver who could pay 50% within 14 days (£35) I checked the applicable regs which are currently the "Civil Enforcement of Parking Contravention (England) General regulations 2007" to see if I could appeal and in particular I was looking for the point at which the owner is notified to make my case. This also meant I had to understand what exactly was meant by "owner" and the regs helpfully define this for you at the beginning as follows. “owner” in relation to a vehicle includes any person who falls to be treated as the owner of the vehicle by virtue of regulation 5(3); Now it seems to me that this is wrong 5(3) only refers to persons who hire vehicles, it should refer to 5(2) which then includes 5(3) as follows. 5(2) In a case not falling within paragraph (3), the penalty charge shall be payable by the person who was the owner of the vehicle involved in the contravention at the material time. 5(3) Where— (a) the vehicle is a mechanically propelled vehicle which was, at the material time, hired from a vehicle-hire firm under a hiring agreement; (b) the person hiring it had signed a statement of liability acknowledging his liability in respect of any penalty charge notice served in respect of any parking contravention involving the vehicle during the currency of the hiring agreement; and © in response to a notice to owner served on him, the owner of the vehicle made representations on the ground specified regulation 4(4)(d) of the Representations and Appeals Regulations and the enforcement authority accepted those representations,the penalty charge shall be payable by the person by whom the vehicle was hired and that person shall be treated as if he were the owner of the vehicle at the material time for the purposes of these Regulations. Note that the Representations and Appeals regs 4(4)d above also has the same reference back to the general regs 5(3) - and not 5(2). So my question for all the legal eagles is can the charge be applied since my daughter did not hire the vehicle? Also should my rights as the owner afford me the chance to pay 50%? All comments welcome, I'm sure 5(2) still applies and I'm stuffed either way, but it would be interesting to see where my analysis went wrong! I'll clarify my thoughts a little more: With respect to clause 5(2) my daughter nor I fall within 5(3) so the first part is true, however, the second part says that the charge is payable by "the person who was the owner" and "owner" is defined as 5(3) so strictly all applicable owners are persons who only hire vehicles. Crazy, no! I'm sure this will be blown out of the water - but interesting mistake I think! T
  2. Sent my appeal off with some brief details of why i was appealing , Had a Letter from DWP confirming that they received my appeal, and about how much ESA i will get until it's heard, But so far over 1mth since requesting the full written statement of the Atos wca Form IB /ESA85, But so far i have not been sent it, The person that i recently spoke with from DWP ,Confirmed that they could see that i had previously requested it, but could not understand why i had not yet received it, What can be done to force them to supply this info,(assuming it actually exists) ?
  3. Hello, The landlords had started court proceedings for rent arrears, £3,500 although they have submitted incorrect amount to court I put in a defence providing as much info as I could & telling the court I was getting further legal advice. In the meantime I've sought legal advice from Which Legal who confirm that the landlords were in breach of Gas Safe Regs. I've then spoken to Gas Safe Register, I luckily got to speak to an Incident Investigator who said I must definitely report the landlords to HSE. We were in grave danger the entire time we lived at the property & the landlords failed to meet even the very basics of their legal obligations. The only reason there are rent arrears is because I became so ill I couldn't work for a year, still struggling now. Not sure what to do about this claim for rent arrears as I've been sent a Notice of Proposed Allocation to the Small Claims Track to be returned before 7th July. Which Legal can;t help as it's already at court, they told me to contact Shelter, Shelter say thay can't help any further because it's already at court?! Is there anything I can do? Get it delayed in any way? Should I update the court with the info that the landlords were in breach of Gas Safe Regs & further action is starting against them? What do you think would be the best way forward? Will I have to pay the arrears when the landlords were the cause of the arrears? I'd really appreciate any help or advice. Thank you reading my post
  4. Wonder if BiliffCos and DCA;s will suffer on this one? EU GDPR on data processing regs might make it difficult where a debt and associated data is being passed around freely, also implications for Credit Reference Agencies, and Marketing companies as Data Subject must give explicit consent for the data processing From the article link below: http://www.idgconnect.com/abstract/24102/from-insular-us-firms-spammy-marketers-who-gdpr-hit-hardest ‘Privacy by design’, ‘access rights’ and ‘breach notification’ “One of the changes due to be implemented in GDPR is the explicit recognition of the concepts of ‘privacy by design’ or ‘privacy by default’. Businesses will now find themselves subject to a specific obligation to consider data privacy at the initial design stages of a project as well as throughout the lifecycle of the relevant data processing. Overlay the current privacy requirements in individual countries and you have a whole new box of worms. “Under GDPR individuals will have the right to obtain confirmation that their data is being processed and have access to their data. GDPR clarifies that the reason for allowing individuals to access their personal data is so that they can verify the lawfulness of processing. This in itself will pose huge challenges for organisations with the whole process of giving access to data subject and providing proof of legitimate processing. “This will incur the highest fines stipulated in any legislation. Organisations are notoriously bad at detecting breaches and the average, only 20%, are detected by organisations themselves, the rest are notified by third parties.” Rashmi Knowles, Chief Security Architect EMEA at RSA
  5. I have monitored this CAG forum for many years and since the introduction of the Taking Control of Goods Regulations almost exactly one year ago it is clear that the level of forum posts has dropped dramatically. I would also suggest that the seriousness of the forum posts has reduced even further with many just asking what to do after receiving the NOE or questioning other forum guidance. All in all a positive thing for the enforcement industry as whole wouldn't you agree?
  6. Ofgem Investigation into npower and its compliance with Standards of Conduct (Standard Licence Condition 25C), Standard Licence Condition 27 (provision of final bills), and the Gas and Electricity (Consumer Complaints Handling Standards) Regulations 2008 Publication Date: 19th June 2014 Company being Investigated: npower Ofgem are investigating whether RWE npower is complying with the Standards of Conduct (SOC) (SLC 25C) of its gas and electricity supply licence and with the Gas and Electricity (Consumer Complaints Handling Standards) Regulations 2008 (‘Complaints Handling Regulations’). On 4 July 2014 the scope of the investigation was widened to include SLC 27.17 and 27.18, in relation to final bills. More info: https://www.ofgem.gov.uk/publ...complaints-handling-standards-regulations-2008 New Standards of Conduct: https://www.ofgem.gov.uk/publ...clearer-fairer-energy-market
  7. I'll state at the outset that I've been in dispute with the council over council tax on a semi derelict house, I've lost the argument of course. I naively thought the new regs would have brought in a new era of honesty and transparency in bailiff enforcement. I find that Bristow and Sutor notices still only show the total debt they think you owe, a single figure. I've no idea what years they're enforcing for, how much or what their fees are. It's obviously a cunning ruse to "encourage" you to take part in their [problem]. In no other financial area can businesses demand payment without showing what they are charging for. I'd be interested to know who thought the new fees were reasonable!
  8. I was surfing the MPS site today and came across this. http://content.met.police.uk/Article/Interim-Standard-Operating-Procedures-Police-and-Bailiffs/1400023687221/1400023687221 See page one bottom right hand corner named "related publications". This is a very interesting read for those of us that want more information on the MPS ANPR stops with a CEO in attendance. Its a long document happy reading. For ease I have attached a copy as a PDF sorry if it has already been posted before
  9. Hi, Apologies if the answer to my question is elsewhere on this site - I have looked and, while there are indications that P2C have broken the rules, I want to be certain before I take things further. I arrived home after a few weeks away to find two cards had been put through my door from P2C. Neither card was in an envelope and both have my full name handwritten on them. One of the cards contains the following (the bits I've highlighted in boldblue were handwritten): We called today to make contact with you regarding your _Natwest account, Ref: xxxx Debt Officer. This is followed by a request to call a mobile number "within the next 24 hours to avoid any further action". Just wondering whether the fact the card contains my name, along with indication I am in debt with Natwest is breaking DPA/OFT (or any other) rules? I've been in touch with Natwest and they've confirmed that they sent P2C around as I haven't responded to letters they've sent about one of my accounts (I have an authorised overdraft on this account, but haven't made a credit to it for a while so they've classed it as being dormant). While I'm in a position to credit my account and make this all go away, the heavy-handedness of Natwest has really riled me - I've complained to Natwest but they've basically told me to go away as it was my fault for not crediting my account. Any advice on whether I've got grounds to lodge a complaint with OFT greatly received. I'd also happily take my gripe with Natwest further if there are grounds for doing so. Thanks.
  10. Say a company has a returns period of 30 days and will collect an item at their own expense. However they charge a 25% restocking fee. If something is returned after the first seven working days, but within the 30 days, are they allowed to charge the restocking fee? Thanks
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