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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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cps (car park systems ltd) ticket help


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well i parked in a local private carpark run by cps (car park systems ltd)today and the sign said 20min free so off i went came back 7min later and a man is in the process off givin me a ticket :(

 

aparently i still have to display a ticket even tho the first 20 min is free

 

iv looked at the ticket cant see if there is any mistake on it other than theres no name in the issuing officer bit but has signed it in the signiture bit

 

so any help is really appreciated

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oh and just incase you didnt get the message

ignore!

 

dx

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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well i parked in a local private carpark run by cps (car park systems ltd)today and the sign said 20min free so off i went came back 7min later and a man is in the process off givin me a ticket :(

 

aparently i still have to display a ticket even tho the first 20 min is free

 

iv looked at the ticket cant see if there is any mistake on it other than theres no name in the issuing officer bit but has signed it in the signiture bit

 

so any help is really appreciated

 

i should mention the carpark is hollis carpark in eastwood i dont know if its a council one or not

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i should mention the carpark is hollis carpark in eastwood i dont know if its a council one or not

 

If CPS are running it, then it won't be a council car-park. It's private, so just ignore.

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I live not far from The Hollies in Eastwood and I believe that it is now council run!

The Iceland is managed by a private company but if you check the board in the Hollies Im sure you will find its council.

Can I suggest you go and check to be certain?

Im going past there myself today and will double check it, dont ignore it if its council.

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I live not far from The Hollies in Eastwood and I believe that it is now council run!

The Iceland is managed by a private company but if you check the board in the Hollies Im sure you will find its council.

Can I suggest you go and check to be certain?

Im going past there myself today and will double check it, dont ignore it if its council.

 

what if its council carpark but run by a private firm

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It doesn't matter who is running it, if the sign say first 20 mins free and doesn't make it clear that you must still display during those 20 mins, then there is no contract with anyone.

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It may not matter who runs it but you still should not ignore if its council, I think the board needs checking to confirm what it does and does not say.

 

I understand that even the Iceland is now council, I forget the company but thought it was private, the sign does say 'Broxtowe Borough Council'.

Edited by Startkey&Clutch
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Contact the council parking enforcment with some excuse that you think you had a ticket but lost it or something and can they check the computer to find the payment deadline.

 

They will confirm you got a ticket or know nothing about it.

 

but DONT just pay up without checking first.

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also the key here will be the words on the ticket.....

 

Penalty Charge Notice

 

are the only ones to worry about

 

anyother or more words it will be PPC .

 

dx

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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I like ashmk's suggestion. The ticket wording itself is not conclusive as it may be incorrectly described, and doubly so for the car park signs.

 

The converse, less likely possibility is a CEO incorrectly enforcing on private land without authority.

Post by me are intended as a discussion of the issues involved, as these are of general interest to me and others on the forum. Although it is hoped such discussion will be of use to readers, before exposing yourself to risk of loss you should not rely on any principles discussed without confirming the situation with a qualified person.

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It looks like I was mistaken about it being council, Ive been to have a look and it does not mention council on the signs, whats confused me is that the local market is held on this site and I had been assured it was council run, but it seems not.

 

IMG_0199 on Flickr - Photo Sharing!

 

Nor the ticket machine

 

IMG_0200 on Flickr - Photo Sharing!

 

It does say a ticket must be obtained, but no mention of displayed!!!

 

The council office is only a 2 minute walk from here so to be sure I would go and ask anyway.

Edited by Startkey&Clutch
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well i emailed the council about the ticket and why im not payin it and they came back saying its not run by them its privatley owned and its contracted out to cps(car park systems) to run

 

so ive emailed the people that run it what happened and why im not willing to pay but still waiting to here from them

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It looks like I was mistaken about it being council, Ive been to have a look and it does not mention council on the signs, whats confused me is that the local market is held on this site and I had been assured it was council run, but it seems not.

 

IMG_0199 on Flickr - Photo Sharing!

 

Nor the ticket machine

 

IMG_0200 on Flickr - Photo Sharing!

 

It does say a ticket must be obtained, but no mention of displayed!!!

 

The council office is only a 2 minute walk from here so to be sure I would go and ask anyway.

 

cheers for your help i noticed on the sign pic that the standard charge is 40quid for not displaying but my penalty notice is saying 80quid so is that somthing i could use if it came to it

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well i emailed the council about the ticket and why im not payin it and they came back saying its not run by them its privatley owned and its contracted out to cps(car park systems) to run

 

so ive emailed the people that run it what happened and why im not willing to pay but still waiting to here from them

 

You should not have contacted them, you have saved them £2.50 for the registered keepers details from the DVLA, and you will now be on the "hooked fish" list, meaning that they will take longer to leave you alone.

They will tell you that your appeal has been rejected. From now on IGNORE all correspondence from them, their so called debt collectors and their dodgy "solicitors". Do not contact them again, it is a [problem].

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You should not have contacted them, you have saved them £2.50 for the registered keepers details from the DVLA, and you will now be on the "hooked fish" list, meaning that they will take longer to leave you alone.

They will tell you that your appeal has been rejected. From now on IGNORE all correspondence from them, their so called debt collectors and their dodgy "solicitors". Do not contact them again, it is a [problem].

well i didnt give my name or address or any other info on me
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well i didnt give my name or address or any other info on me

 

Thats good. When you said you'd emailed them I assumed you had told them who you were. If you are the RK you will soon start receiving rubbish through the post. Now you know what to do with it!

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