Jump to content


  • Tweets

  • Posts

    • 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?
    • Steam is still needed in many industries, but much of it is still made with fossil fuels.View the full article
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      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.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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
        • Like
  • Recommended Topics

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5247 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Now that the dust has settled, my lovely wife has stopped shaking everytime someone goes past the house and the dog has stopped wimering all because of the visit yesterday morning I have had a look at the docs left during and after the cretin called.

All 3 have different surnames at the bottom even though it was the same guy, on the 3rd visit when they clamped my car he had a woman with him and left her details even though when I rang her number he answered.

The lowlife refused to give me his name and didn't show any id.

 

Charges for the honour of dealing with them are :-

 

£42.50 Attendance fees

£61.70 Levy fee

£120 Van/Porterage

 

Not bad for a few mins work. The clamp was fitted before I could provide copies of my hp agreement and my wife lost a days work as a result.

 

Are these fees legal and is there anything else I could have done apart from have an all out row at 7 in the morning with all the neighbours watching, and more important can I claim any fees back etc.

Link to post
Share on other sites

I was contacted by Marston Group after falling into difficulty due to two commercial debts in my name. Judgement was entered and one week after Judgement was entered against me and on both occassions I received a letter from "Marston Group High Court Enforcement Officers", the letter stated that they were in possession of a High Court Writ to remove my belongings to recover the debt. The letter stated that the original debt of £670 would increase by £250 for "fees" associated with the costs of executing the Warrant. Numerous other charges and interest have been applied and I consider the amounts to be unfair and they do not relate to the amounts claimed on the judgement by the claimant.

 

The amounts claimed by them to the best of my knowledge had not been applied to before a court and in fact it was Marston Group that applied these charges simply for receiving the case file on a recently issued judgement and prior to allowing sufficient time for the judgement debtor to come to an arrangement to repay the creditor. This could be seen as an abuse of the courts process and an unnecessary intervention by Marston Group which is clearly nothing more than an effort to extort money from those thay may be in financial difficulty due to the downturn in economy.

 

I am an educated businessman with a good understanding of UK law. The way in which Marston Group has acted by using threatening behaviour which can often be conveyed to be aggressive and in a manor likely to cause alarm/harrassment/distress to the receiving party could be deemed to be unlawful. I intend to gather as much evidence as possible in order to prepare a case against Marston Group and to fully expose their actions to the public, the courts and the HCEOA.

 

Today, the 10th of December 09, I contacted Marston Group in response to the answerphone message I received to the effect of "Mr xxxxx, its Mr xxxxx calling from the High Court Enforcement Office, I will be attending your property today to remove your possessions as you have not kept up to date with two warrants. I have received 7 of these messages which I have logged.

 

Marston Group records all calls, therefore they have logs of any calls which can be examined to substantiate allogations of threats made during calls which cause unnecessary alarm and harrassment to those who have had similar experiences.

 

Prior to receiving this threat I had contacted Marston after speaking with the Consumer Debt Helpline. I had offered to pay the maximum I can currently afford on both debts; £15 per month. I had made payments on these terms however Marston staff advised me that they will still continue with enforcement action even though I have made payments. I am applying to have both cases relised at Court as I dispute the amounts claimed in relation to the bailiff fees.

 

I am in possession of a local newspaper article whereby Marston Group Bailiffs injured a girl over a £30 parking fine. Again in this case Marston applied extortionate fees to the debt. I have read several other articles in this forum where others have received similar occurances which could be deemed to be unlawful. Here is the link: Girl hurt in bailiffs row - COMMENT ON THIS STORY - Scarborough Evening News

 

I greatly appreciate any input from those who have had past similar dealings with this company. PLEASE PM ME or respond to this topic and I will contact you. I intend to carry out a full private investigation into their actions, evidence shall then be presented to The High Court Enforcement Officers Association, to the Financial Ombudsman and as evidence in any eventual claim the parties may make as a result of the findings.

Link to post
Share on other sites

Just read Jimbos postings re warning letters, prior to our visit on Monday morning we did not receive any notification from the council of their intentions, 14 days before.

Also Marstons did attend on the tuesday before and left a note giving us 7 days but then called back on the thursday, saturday and monday as stated which even with my limited maths isn't 7 days.

 

Is there any point in complaining as we are still so angry about all this and what is the likely outcome of the complaint bearing in mind we had to also pay £200 in costs as outlined above.

Link to post
Share on other sites

Hi there

While Rossendales was looking for my car (which he didn't find -- has Dutch plates on it which would confuse the pea size brains these guys have anyway) I clamped his :D:D - as I recognize the number from other people compaining about the tactics being used by these "so called enforcement officers"and now we might have a "Mexican Standoff".

 

He parked ON MY PROPERTY without my permission so I have 100% right AFAIK on this one.

 

If he had any right at all he would already have called the Police - but he threatened me with "His mates would do me".

 

That's all I needed to make a formal complaint against a Bailiff - especially I had just visited the Council Offices to arrange payment of back tax and also make a Formal complaint against undue charges.

 

 

It's taken me over 60 years to get really angry and start fighting back against these sort of people but it's game on with Rossendales at the moment -- and he's NOT getting HIS car back until he goes to court and he'll have to explain why he was looking to clamp my car first - and if he brings his thugs round I have more than enough collegaues to keep them at bay.

 

I've got a bit of cash to use here so I don't care if I have to pay eventually --great to see him having to call a Taxi / take the bus so he can't do any more damage to "other victims" today.

 

OK Marsons aren't the same but DON'T PAY ILLEGAL FEES.

 

Cheers

jimbo

 

Jimbo you are lucky the bailiff didnt report to the police as you would have been in breach of the PRIVATE SECURITY ACT as clamping is a licenseable activity, even if clamping on your own land.

You could be fined upto £5000 pounds.

 

Just be careful if there is a next time.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...