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    • 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?
    • Less than 1% of Japan's top companies are led by women despite years of efforts to address the issue.View the full article
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      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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No Respect for Norway


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I always respected Norway, the people are smashing and they give us a tree every Christmas, but all that as gone out the window now and I think they have just announced themselves to the world as a criminal santuary and shown themselves to be stupid.

That nutter who murdered 20 odd people has been given 21 years with a minimum of 10 years and minus the time he has already spent in custody. No wonder he broke out into a big grin when they announced he had got away with it.

 

If I was a member of one of the affected families I would be setting up a movement to make this a minimum of 21 per person to run consecutively.

 

Bloody 'ell, I thought the justice system in this country was crap but Norway has just shown themselves to be the friend of the criminal and made themselve the laughing stock. Any other country would pass that sort of sentence on a person for speeding.

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He actually killed 77 people and injured 242. It's a joke, but that's the Max. Sentence by law, they can't change the law just for him. Have you seen his prison cell, 5 star luxury, laptop, gym etc. He's got exactly what he wants.

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I always respected Norway, the people are smashing and they give us a tree every Christmas, but all that as gone out the window now and I think they have just announced themselves to the world as a criminal santuary and shown themselves to be stupid.

That nutter who murdered 20 odd people has been given 21 years with a minimum of 10 years and minus the time he has already spent in custody. No wonder he broke out into a big grin when they announced he had got away with it.

 

If I was a member of one of the affected families I would be setting up a movement to make this a minimum of 21 per person to run consecutively.

 

 

Bloody 'ell, I thought the justice system in this country was crap but Norway has just shown themselves to be the friend of the criminal and made themselve the laughing stock. Any other country would pass that sort of sentence on a person for speeding.

I heard he was going to get a lap top in prision. Whats that all about ?
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they have far more liberal laws and penal system that we in the UK have...the sentence is the max that can be handed down for this type of crime...this is why the prosecution were trying desperately to get an insanity result...that way they could have put him away for ever....that said, there crime rate is far far lower than here, so they must be doing something right.

whilst we all agree that the sentence seems beyond leniency for the crime that was committed, that is their system, and we have to respect that....

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Not necessarily doing something right, their country population is less than London so it's bound to be lower.

 

We don't have to respect it, I certainly don't and if I lived there I would have started a movement to get this changed.

 

The people who set these laws and sentences are the one that are insane. I bet it would change if a politicians son or daughter was in that camp.

 

This person is filth, **** and should be tied to a chair and starting with a small toenail removal, tortured until the screams bring the ceiling down.

Edited by Conniff
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ah, the hang em flog em brigade.....

 

for killing 77 innocents and injuring hudreds more, you bet I am.

 

You can't tell me if you were involved in this you would be happy that he could be out in less than 10 years ??

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nope, i wouldnt be happy, and cannot fathom why they declared him sane, in order to give a sentence that would allow this, the people involved must be dumbfounded at this decision!!! but it is their countries laws and should be respected..but i can understand the emotion, of string him up etc....i

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I think more than the crime he has committed it is his attitude to authority, the continual middle finger, the smirk when the sentence was announced should have drawn one of the police there to backhand him right across the face and tell him to take that smile off.

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But there is nothing to proove that he is insane, although we all agree that his crime is not what a normal person would do, he hasnt got to be mad just bad. I understand that although 21 is the max sentance allowed by Law he can be kept in prison for longer if he is judged to be a threat to the public, which is what i would expect will happen.

If I have been of any help, please click on my star and let me know, thank you.

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Whie the 21 years is the max sentence, the judge has already said that the door wil be left open to extend the sentence if he is still deemed a danger to society. Remember, norway go for remembrance and forgiveness rather than revenge and the like

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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'if he is still deemed a danger to society', the irony.

imbalance, too many 'rights' for crims.

Edited by Ford
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personally i would have left him in a room with the survivors and the relatives of the victims

 

lets see how far rememberance and forgiveness would go then

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  • I am employed in the IT sector of a high street retail chain but am not posting in any official capacity,so therefore any comments,suggestions or opinions are expressly personal ones and should not be viewed as an endorsement or with agreement of any company.
  • i am not legal trained in any form.
  • I have many experiences in life and do often use these in my posts

if ive been helpful kick my scales, if ive been unhelpful kick the scales of the person more helpful :eek:

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They wouldnt do anything. Theyve already said that. They prefer to remember their loved ones, despite the way they went.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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ok leave him in a room with me

 

im less forgiving, can give whats deserved

 

plus i dont mind a few bodies around the place

Edited by labrat

Please note:

 

  • I am employed in the IT sector of a high street retail chain but am not posting in any official capacity,so therefore any comments,suggestions or opinions are expressly personal ones and should not be viewed as an endorsement or with agreement of any company.
  • i am not legal trained in any form.
  • I have many experiences in life and do often use these in my posts

if ive been helpful kick my scales, if ive been unhelpful kick the scales of the person more helpful :eek:

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meh i can think of a few things that would make china pale

Please note:

 

  • I am employed in the IT sector of a high street retail chain but am not posting in any official capacity,so therefore any comments,suggestions or opinions are expressly personal ones and should not be viewed as an endorsement or with agreement of any company.
  • i am not legal trained in any form.
  • I have many experiences in life and do often use these in my posts

if ive been helpful kick my scales, if ive been unhelpful kick the scales of the person more helpful :eek:

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