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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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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Do NOT EVER set up Direct Debits with DCA's (or anybody else either)


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Hi there

experienced Caggers will know this already but to those who are likely to get suckered in by "sweet offers of discounts" etc if you pay by Direct Debit

 

PLEASE NEVER EVER DO THIS. This gives the person to whom you are paying the money TO CHANGE THE AMOUNT AT WILL without telling you.

 

IMO this should be TOTALLY ILLEGAL but as we all know there is one law for Banks etc and another for the rest of us. I'm sure you've all heard horror stories about how some utility companies have increased peoples monthly direct debits HUGELYleaving no money left in the account.

 

If you want to pay a fixed some of money each month PLEASE DO THIS BY STANDING ORDER INSTEAD --this means you get THEIR bank details and tell your bank to pay in XXX per month and THEY CAN'T CHANGE IT.

 

NEVER EVER in any case pay a DCA by direct debit --we all know how honest DCA's are in the main don't we.

 

A Standing Order is the best way to pay a fixed monthly fee --then if people need or want more they have to ASK YOU rather than just being able to take it for themselves.

 

The whole Financial industry is so ONE SIDED that its about time the WHOLE SORRY STINKING MESS was properly sorted out including OUTRIGHT BANNING of selling on debts to 3rd parties.

 

Cheers

jimbo.

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Hi there

this doesn't actually get over the initial objection I have with Direct Debits as they put SOMEONE ELSE in charge of your money. It's up to YOU to decide how much to pay and to whom which is why I DETEST the whole idea of DD's.

 

Bill payments were always previously done by Standing Orders and it's up to the utility company or whatever to request YOU to change the amount --not for THEM to say WE will be TAKING XXX out of your bank account.

 

It's YOUR MONEY so YOU need to be in charge of it --NOT SOMEBODY ELSE.

 

Also with a DD YOU have to give THEM your Bank details. With a Standing order YOU get THEIR Bank details. YOU remain in charge.

 

Cheers

jimbo

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Gotta go with what jimbo said here tbh

DCA's - they have the same power as an infinite number of untrained chimps working on a script for Hamlet, but the chimps would probably at least get it right :D

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Hi there

this doesn't actually get over the initial objection I have with Direct Debits as they put SOMEONE ELSE in charge of your money. It's up to YOU to decide how much to pay and to whom which is why I DETEST the whole idea of DD's.

 

Bill payments were always previously done by Standing Orders and it's up to the utility company or whatever to request YOU to change the amount --not for THEM to say WE will be TAKING XXX out of your bank account.

 

It's YOUR MONEY so YOU need to be in charge of it --NOT SOMEBODY ELSE.

 

 

Cheers

jimbo

 

 

I Agree wholeheartedly with this, but, in todays' Society life is very hard without a bank account and plastic. We all have exeriences of money 'missing' from our accounts, or wrongly taken from our account in a flash of an eyelid, and even if proved beyond a doubt it usually takes days for it to be refunded instead of the seconds to 'take'.

 

The look on shopkeepers, online dealers etc. when you say I do not have plastic. I remember one instance with Direct Line Insurance - I purchased a travel policy online automatically and sent a cheque, went away where luckily nothing happened and when I got hope a terse note from Direct Line saying - we do not accept cheques, so we don't want your business!!!

 

I have said on many threads before, it is going back to the days of keeping your money underthe mattress or in a biscuit tin. I would love to know how the safety on that compares to using banks and financial organizations these days?

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They should always give you 2 weeks notice if they are changing the amount. Tell your bank and they should refund.

 

The difficulty might be proving you was not informed however.

 

Whilst I tend to agree with the general advice of never setting up DD's with a DCA it is worth noting that would not be for you to prove you were not informed.

 

If you make a claim under the Direct Debit Guarantee your bank is obliged to reimburse you immediately and then take it up with the payee. If your complaint was not being given due notice of a change it would be for the payee to prove otherwise.

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Hi there

All I am trying to say here is that if you set up Standing Orders rather than DD's then YOU don't have to go through all this aggro when things eventually DO go wrong -- for example you could legitimately get a note saying your Electricity / Gas DD is being increased -- However say you were working away or not at home for a while the DD would have already gone through and it's hard reclaiming the money AFTER its gone --especially if your account has been raided so there is nothing left in it.

 

With a SO this CANNOT happen -- if prices rise you will have plenty of time to alter your SO. The Utility companies etc WON'T cut you off etc if there's a small shortfall for a month or two.

 

The point is that YOU need to be in control of YOUR money and NOT THE OTHER WAY AROUND.

 

The only reason DD's were invented was for Utility companies etc not to have to bother with a lot of paperwork each time they changed their tariff's.

 

As for letting a DCA have a DD ---- well would you invite a fox into the chicken coop.

 

Cheers

jimbo

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You're absolutely correct of course, we have been saying this on here for years.

Myself, i wouldn't pay a DCA anything, unless..

1. they have a genuine assignment from the OC

2. Following a CCA request, i am convinced its enforceable, and that i wouldnt have a fighting chance of defending it in court.

 

And if i did pay anything it would be either in cash or by PO!

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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When ever I use the DD facilities I always insist on a paper trail,

signed by me and posted back,causes a few days delay.

I always add hand written the following.

NOTICE the amount due must be claimed on and NOT before

the due date, the fixed amount of this DD must not be increased

without my express permission.

Only one company has moaned so I cancelled the order and bought cheaper

elsewhere.

No one can just raid your accounts at a whimm especially the energy crooks

just to make their figure look good!!!

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Best way to pay is by online bill payment you choose the day and the amount but just remember it can take up to 4 days to complete transaction.

I have no legal training, any knowledge I have has come from this forum, and my own experiences. Always balance up any advice you get with your own common sense.

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Best way to pay is by online bill payment you choose the day and the amount but just remember it can take up to 4 days to complete transaction.

 

Usually takes less than a couple of hours for on-line transactions to get to the creditors current / business account. What takes the 3-4 days is the money working through their own in house procedures to credit your card / loan account. They cannot say they didn't receive the money in time as they are only covering up for there own in-efficiency.

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Fortunatly it is quite easy to stop a DD. I used to pay my utility bills by DD, I say used to, I now wait for the bill and pay it then. I used to have a pre-payment meter, and when i moved to a new build I decided to go DD to save money. For about a year I Paid without fail, then I started to get threatening letters from a different company.

 

I had used a different comapny to the builders and my payments where going to pay the bill on a house that had been pulled down years ago. It took me ages to realise what had happened, and hours on the phone sorting it out, I had to get back all the money I had paid and pay the proper account. Needless to say I dropped the supplier. I then went for the one that offered me the best price, again I paid without fail for a year. After a year they read the meter, and wrote to me saying I was a few hundred in arrears and they would be putting my DD up to some obscene monthly figure that would have cleared my account (in fact the amount was so large the bank probably would not have paid it and charged me), leaaving nothing to pay other bills or even buy food.

 

I contacted them to queiry this and they assured me the DD would not go ahead, untill it was sorted. It turned they had underestimated my use in order to give me a low price in order to get me to sign up, plus I had been put on the wrong taffif. To be on the safe side I canceeled the DD anyway as I did not trust them. A little while later I got a letter say my DD had been returned by the bank (the DD they said they would not take)! In the meantime I contacted a charity to pay the arrears and started putting the money aside to pay the next quarterly bill.

 

I do pay a few fixed bills by DD, but all DCAs, Credit companies, and utility bills are paid by SO or in arrears on recipt of bill. I get my money every 2 weeks in arrears, they will get their in the same way. When i decide i can pay it not when they say.

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