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    • Hi LFI, Your knowledge in this area is greater than I could possibly hope to have and as such I appreciate your feedback. In your point 1 you mention: 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. I understand the point you are making but I was referring to when the keeper is also the driver and admits it later and only in this circumstance, but I understand what you are saying. I take on board the issues you raise in point 2. Can a PPC (claimant) refer back to the case above as proof that the motorist should have appealed, like they refer back to other cases? Thanks once again for the feedback.
    • 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.
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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.

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Double Yellow painted after having parked!


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Hi all,

 

This didn't actually happen but for purposes of knowing how you all think the council can be brough to book for regularly flaunting the rules in order that they may increase monies made through parking penalties.

 

I do not believe they actually plan to operate this way but it certainly does seem to me that they are aware and are reluctant to do anything about it; they never accept accusations of malpractice and it just seems to go on happening.

 

With my own eyes I've seen them operate in ways that can only be regarded as fraudulent and deceptive and so would like to know why it is that we can only ever seem to apply for our money back when this sort of thing happens? How in this case would the council ever find any incentive to change if no risk of punishment exists?

 

Imagine if you returned to find your car towed and you had evidence that the council lifted your car off the ground, painted 2 double yellow lines on the ground beneath it, issued a PCN for parking on a double yellow and then towing it away? Would any of you call that fraud/deception? or would you simply consider it grounds for appeal?

 

Many thanks...really appreciate all replies

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This didn't actually happen but for purposes of knowing how you all think............

 

:rolleyes::rolleyes::rolleyes::rolleyes::rolleyes::rolleyes::rolleyes::rolleyes::rolleyes:

Beck

"There are two ways to conquer and enslave a nation. one is by the Sword. The other is by Debt."

 

Barclaycard PPI Refund £4300:whoo:

Barclaycard = Mexican Stand Off

 

TSB = Mexican Stand Off

 

Santander = :mad2: MungyPup is coming to get yahh :mad2:

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Imagine if you returned to find your car towed and you had evidence that the council lifted your car off the ground, painted 2 double yellow lines on the ground beneath it, issued a PCN for parking on a double yellow and then towing it away? Would any of you call that fraud/deception? or would you simply consider it grounds for appeal?

You sure you havent been watching beadle's About;) or candid Camera

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Imagine if you returned to find your car towed and you had evidence that the council lifted your car off the ground, painted 2 double yellow lines on the ground beneath it, issued a PCN for parking on a double yellow and then towing it away? Would any of you call that fraud/deception? or would you simply consider it grounds for appeal?

 

You sure you havent been watching beadle's About;) or candid Camera

 

I wish I had..now what would you do about it if that had happened to you?

 

Would you leave simply just apply to get your money back or would you expect something more?

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This didn't actually happen but for purposes of knowing how you all think the council can be brough to book for regularly flaunting the rules in order that they may increase monies made through parking penalties

 

Er so it has happened then?

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And what do you think?

 

Well, You do seem to be on your soap box a bit

 

 

so what if....................

 

 

I owned a place called Hadley Rille

 

That would mean I could charge NASA 38 years of parking offences for the Lunar Rover

 

and I could employ You as the first Space Cadet enforcement officer

 

 

 

so what if....................You parked in a suspended bay and got towed because you failed to comply with the notice

 

so what if....................You felt aggreived because they towed You

 

so what if....................You finaly listen to what other members of this forum have been saying on your other thread

 

so what if.................... I can't be bothered anymore

Edited by Beck1968

Beck

"There are two ways to conquer and enslave a nation. one is by the Sword. The other is by Debt."

 

Barclaycard PPI Refund £4300:whoo:

Barclaycard = Mexican Stand Off

 

TSB = Mexican Stand Off

 

Santander = :mad2: MungyPup is coming to get yahh :mad2:

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The Police or Council can legally remove any vehicle that is causing an obstruction for example in the case of emergency utility works, so you cannot claim for them doing so, there is no legal right to park anywhere on the highway. If you are charged for the towing and/or fined for parking in the location unjustly you can appeal to get the monies returned.

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So, why not just post the story in the 1st place instead of going all round the houses?

 

Caggers are a wonderful breed & have the patience & tolerance for nearly every person & their problems but please show some respect by giving the full story & how this is affecting you.

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I wouldn't consider it either fraud or deception. I would consider it incompetence on the part of the people doing the lines and lack of communication with both the parking attendant and tow truck.

 

In terms of what you would do - get your car out, get your money back then complain long and hard about the idiot who authorised the tow (assuming of course they had a rational alternative to towing).

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So, why not just post the story in the 1st place instead of going all round the houses?

 

Caggers are a wonderful breed & have the patience & tolerance for nearly every person & their problems but please show some respect by giving the full story & how this is affecting you.

 

Please go ahead and read my only other post so you too may be as helpful as Becky1968

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I wouldn't consider it either fraud or deception. I would consider it incompetence on the part of the people doing the lines and lack of communication with both the parking attendant and tow truck.

 

In terms of what you would do - get your car out, get your money back then complain long and hard about the idiot who authorised the tow (assuming of course they had a rational alternative to towing).

 

Hi jamberson and thank you for CONSTRUCTIVE contribution..I wish a few in here would take a leaf out of your book.

 

Admittedly I have seen some pretty incompetent behaviour in my time, and by the council, but I have also observed Parking Agents flaunting legislation and their own rules; only to be fobbed off or given half baked excused by a disinterested parking shop supervisor whenever I have called in to raise it.

Are we always to assume that council bodies and/or those that work within them never knowingly break the law or their own rules?

Edited by gazawee
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Well, You do seem to be on your soap box a bit

 

 

so what if....................

 

 

I owned a place called Hadley Rille

 

That would mean I could charge NASA 38 years of parking offences for the Lunar Rover

 

and I could employ You as the first Space Cadet enforcement officer

 

 

 

so what if....................You parked in a suspended bay and got towed because you failed to comply with the notice

 

so what if....................You felt aggreived because they towed You

 

so what if....................You finaly listen to what other members of this forum have been saying on your other thread

 

so what if.................... I can't be bothered anymore

 

So what if....................you actually had something intelligent to say

 

What if...................you just didn't like my response to those that behave just like you

 

Plausible questions?

 

Then what if....................you just ignored threads containing questions that are too difficult for you?

 

Actually, what if...............you had some manners?

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Parking attendants and the people painting lines have absolutely nothing to gain by flouting rules, and are at risk of being abused by the public and facing disciplinary action if they cause issues unnecessarily. I take the view that it's more often incompetence or a 'couldn't care less' attitude rather than an actual desire to cause problems for the car owner.

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Its funny how the odd mistake is always made to seem like the norm whilst in reality thousands of PCNs are issued correctly every day to motorists who break the law. Idiots who try to justify there own stupidity by claiming the Council are guilty of fraud because the yellow lines are the wrong shade of yellow or the lines are invalid due to having a break where they pass over a rain water drain grill just make me laugh. People who run off crying to the papers because they got a CCTV PCN whilst parking on a bus stop which was unfair cos there was no CCTV signs, its a bus stop for godness sake you would have thought the big red box, metre high yellow writing on the road and queue of people was a bit of a hint but no of course its the Councils fault....as usual! :rolleyes:

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No. We are always to assume that councils regularly break the rules with their own full knowledge of what they are doing.

 

GWC it certainly feels that way..and I have seen lots of incidents of it happening but the question is..how do we hold them to account? Are we not entitled to compensation for their 'supposed' mistakes..or is it just a one way street?

 

Sigh!

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its a bus stop for godness sake you would have thought the big red box, metre high yellow writing on the road and queue of people was a bit of a hint but no of course its the Councils fault....as usual! :rolleyes:

 

Must be unique to London G&M, there is no way that a big red box is a valid bus stop anywhere else. It has to be yellow.

 

023113bd.gif

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Parking attendants and the people painting lines have absolutely nothing to gain by flouting rules, and are at risk of being abused by the public and facing disciplinary action if they cause issues unnecessarily. I take the view that it's more often incompetence or a 'couldn't care less' attitude rather than an actual desire to cause problems for the car owner.

 

Probably is incompetence in the majority of cases but that still doesn't explain their reluctance to address this when contronted with evidence.

 

The frequency at which this sort of thing is happening certainly seems to point the other way and even more frustration is born out of the lack of transparency and willigness to correct themselves.

 

The parking contractors certainly do seem to benefit from taking a lax view of their own incompetence when it nets them record profits ever year. This translates into pressure on the officers walking the street to issue ever increasing number of PCN's

 

It is funny though how at collecting money issued for PCN's they do nto seem anywhere near as incompetent!

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Its funny how the odd mistake is always made to seem like the norm whilst in reality thousands of PCNs are issued correctly every day to motorists who break the law. Idiots who try to justify there own stupidity by claiming the Council are guilty of fraud because the yellow lines are the wrong shade of yellow or the lines are invalid due to having a break where they pass over a rain water drain grill just make me laugh. People who run off crying to the papers because they got a CCTV PCN whilst parking on a bus stop which was unfair cos there was no CCTV signs, its a bus stop for godness sake you would have thought the big red box, metre high yellow writing on the road and queue of people was a bit of a hint but no of course its the Councils fault....as usual! :rolleyes:

 

I agree for the reasons you quoted that some people give are pretty pathetic, but unfortunately the number of illegitimate PCN’s that go unchallenged each week because of the councils bullying and reluctance to accept their own mistakes is worrying and certainly suggests that they make more than the “odd” mistake.

 

The argument here is that no one should be above the law; especially those that are meant to uphold it. In much the same way that an HONEST mistake may net honest John a VALID PCN, an honest mistake on part of the council should also entitle the victim to compensation and an apology.

 

Refunding the victim the money they should not have had to pay in the first place cannot in my view be considered an apology or compensation

Edited by gazawee
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