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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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Hi,

 

Need some advice please.

 

I just received a Penalty Charge Notice for stopping on a zig zag line.

 

I was surprised at this as, the date of offence states that it took place on the 6th of June, yet i received the Notice on the 13th of July which is the date they state as the serve of notice.

 

Can i appeal against this?

Iv heard that notices need to be served within 14 days of the dated offence. Is this true? is it worth me appealing?

 

Any advice would be much appreciated.

 

regards,

 

Nurul

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Appeal on grounds of procedural impropriety by the Council.

 

Civil Enforcement of Parking Contraventions (England) General Regulations 2007 Reg,10 (4)

4) Subject to paragraph (6), a regulation 10 penalty charge notice may not be served later than the expiration of the period of 28 days beginning with the date on which, according to a record produced by an approved device, or information given by a civil enforcement officer, the contravention to which the penalty charge notice relates occurred (in these Regulations called “the 28-day period”).

 

Providing that the details on the V5 are correct and have been for a while.

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V5 is the registration document with the DVLA. how long have you had the vehicle ? when was it registered to the RK ? the docref date on the V5 will tell you and us what the DVLA records show.

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I have had the vehicle for more than a year but am nost sure of the docref on the V5 as i do not have it in fron of me..

 

are you saying it was correctly registered to you a year ago as well? If so, there is no reason why the PCN should not have got to you in the required time.

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  • 2 months later...

Hi,

 

An update on my appeal for the above..

 

I appealed against the PCN quoting:

 

Civil Enforcement of Parking Contraventions (England) General Regulations 2007 Reg,10 (4)

 

Quote:

4) Subject to paragraph (6), a regulation 10 penalty charge notice may not be served later than the expiration of the period of 28 days beginning with the date on which, according to a record produced by an approved device, or information given by a civil enforcement officer, the contravention to which the penalty charge notice relates occurred (in these Regulations called “the 28-day period”).

 

Got a letter back recently saying the following:

 

"when a CCTV contravention occurs the council sends an electronic request for details of the registered keeper to DVLA in Swansea within 14 days in order to send the PCN within 28 days of the date of the contravention. This applies when DVLA's information is returned to the council within the required time.

 

Our records show that the electronic request was amde on 12/6/2009, before receiving the details from them on 9/7/2009. We therefore generated the PCN and printed it on 10/7/09. Please note that if the delays are caused by DVLA, so as the initial request to the DVLA was sent within 14 days of the issue date of the PCN, the council has six months to serve the PCN, if there is lack of response on the part of the DVLA during this time. I therefore beleive that the PCN was served in line with the above regulation"

 

Can you guys advise me if this is correct and if i have a case in appealing again?

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Hi,

 

An update on my appeal for the above..

 

I appealed against the PCN quoting:

 

Civil Enforcement of Parking Contraventions (England) General Regulations 2007 Reg,10 (4)

 

Quote:

4) Subject to paragraph (6), a regulation 10 penalty charge notice may not be served later than the expiration of the period of 28 days beginning with the date on which, according to a record produced by an approved device, or information given by a civil enforcement officer, the contravention to which the penalty charge notice relates occurred (in these Regulations called “the 28-day period”).

 

Got a letter back recently saying the following:

 

"when a CCTV contravention occurs the council sends an electronic request for details of the registered keeper to DVLA in Swansea within 14 days in order to send the PCN within 28 days of the date of the contravention. This applies when DVLA's information is returned to the council within the required time.

 

Our records show that the electronic request was amde on 12/6/2009, before receiving the details from them on 9/7/2009. We therefore generated the PCN and printed it on 10/7/09. Please note that if the delays are caused by DVLA, so as the initial request to the DVLA was sent within 14 days of the issue date of the PCN, the council has six months to serve the PCN, if there is lack of response on the part of the DVLA during this time. I therefore beleive that the PCN was served in line with the above regulation"

 

Can you guys advise me if this is correct and if i have a case in appealing again?

 

What was the date of notice on the PCN?

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"12/6/2009, before receiving the details from them on 9/7/2009. We therefore generated the PCN and printed it on 10/7/09. " council has already admitted to overunning the 28 days. I think their reply is complete rubbish. You can and should ask the DVLA when the request was made and when they sent the response to the council. the DVLA will have a record of it. Strangely the DVLA quotes 100 percent success on same day turn around for electronic requests and yet we see councils claiming it took the DVLA ages.

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Strangely the DVLA quotes 100 percent success on same day turn around for electronic requests and yet we see councils claiming it took the DVLA ages.

 

As with all govt statistics never believe what you read, yes they do respond the same day but that doesn't mean they provide the details.

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So the overnight batch response is - wait we are thinking ? I said the OP should check with the DVLA. And regardless of that the council missed the statutory 28 day deadline. Do you know if the SFT interface is still limited to 10,000 inquiries per day ? I assume it must have been raised a fr bit from that level now.

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So the overnight batch response is - wait we are thinking ?

 

Not exactly those words but thats the gist of it, lol. I haven't a clue about the other question. The case history for the PCN should have all the dates on it and impossible to change without any change being documented (at least on the most common systems) A request of a screen print out of the case history would reveal when VQ4 was sent and when VQ5 was received. Asking the DVLA would probably take longer and it would be harder to tie the two issues together, the Council may for example have requested the info on this vehicle 3 times in the last 6 months for different PCNs.

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the councils print out ? what for the DVLA information is required to verify the council's claim about a slow turnaround. DVLA not to slow in replying to these requests. They are outside the 28 days regardless.

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Hi, Thanks for this information. I would write to the DVLA but bearing in mind that i will have to appeal a 2nd time to the council, this might tiake ages!

 

Any ideas what i can write to the Parking and Traffic Appeals service?

 

Thanks again.

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