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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. I'm not sure that I agree the reason why a barrister would say that, only to get new customers, I'm sure he must have had professional experience in this area that qualifies him to make that point. 🙂 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. Is it possible that a PPC (claimant) could 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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Glasgow Bus Lane Fine - Sheriff Officer Visit


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Recently sheriff officers turned up at my door and issued a CHARGE FOR PAYMENT for £165.

 

It says nothing on the document about what its for so i was a bit worried, but it says glasgow city council against me, so i thought it was maybe a parking fine or something.

 

I phoned up the sheriff officers office, told them i knew nothing about this and asked whats its for, she said it was for a bus lane fine . I told her i had no previous correspondence from glasgow city council, so she gave me their number and told me i had to take the matter up with them.

 

Whats the best thing i can do, is there any way to appeal this. It seems a bit extreme to be issued with a charge for £165 for something i know nothing about. I know i could go to a lawyer but in turn that would probably cost me a lot more.

 

Any advice guys.

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Have you spoken to the council yet? What did they say? Have they written to you? Did the correspondence go to the correct address? If so, do you know of any reason why you didn't get it?

 

Im off tomorrow morning so ill give them a call. I will need to see what they say about this. After reading a lot about these fines, it seems people are fighting a losing battle with these (beeeeeeeeeeeep) . My 'story' will just fall on deaf ears. I was hoping to have some back up as in how to handle it.

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If this is for a parking fine, the council can enforce payment without going to court, the charge certificate is equivalent to sheriff court extract decree (court order).

The council can then use sheriff officers to serve a charge for payment giving the debtor 14 days to pay the debt.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

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RIP: Rooster-UK - MARTIN3030 - cerberusalert

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THIS IS INFURIATING

 

i called them today and i have been told they sent 2 letters out blah blah. I told them i did not receive any letters and i have a bill here for £166 that im expected to pay. I was told there is nothing anyone can do at this stage so im basically stuffed.

 

I asked the girl if its a case of having to pay the £166 charge or go to a lawyer. She has said yes.

 

I cant believe im being put through this. I have to either pay this stupid amount of money or go and see a lawyer which will cost me an even more stupid amount of money.

 

Is there anywhere i can go for help on this that wont charge me. Like is there any point going to the citizens advice bureau.

 

These people obviously have no proof that i have received any letters yet are quite happy to bully me into paying something like this.

 

If i dont pay this £165 they can arrest my wages etc

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If i dont pay this £165 they can arrest my wages etc

 

Hi,

 

Yes ' if ' they have your work details ect they can arrest your wages, you can apply for a Time to Pay Order...................

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?185249-Have-you-received-a-charge-for-payment-arrestment-summary-warrant

 

How you never received their letters is anybody's guess.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Hi,

 

Yes ' if ' they have your work details ect they can arrest your wages, you can apply for a Time to Pay Order...................

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?185249-Have-you-received-a-charge-for-payment-arrestment-summary-warrant

 

How you never received their letters is anybody's guess.

 

Many thanks for that link.

 

They dont have my work details, but im sure just like the other bullies like the csa they can easily find out who pays your wages and your tax credits and take what they want from that. If i dont pay this ill get more charges on top.

 

I called the sheriff officers today, tried to offer just paying the £90 fine part and argued how unfair it was. They dont care and dont listen and its not set up to cater for any mistakes that may have been made. Their line is that no mail was returned to them so they have to 'assume' that the letters from GCC were delivered.

 

So im being bullied all the way into paying this absurd amount for something i knew nothing about till a few days ago. If i dont pay, ill just get hit with more charges and have to pay it in the end as these useless b######s are not interested,they have it set up in a way they will get you eventually and you will just have to pay more. This should be illegal.

 

These people deserve their offices to be blown up but im not that kind of person:-):-):-) (joke)

 

Edit - this has taught me a lesson, add legal protection to your home insurance. Then next time i dont have to worry about the cost if i want to fight back against these bullies.

Edited by robtherevelator
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i called them today and i have been told they sent 2 letters out blah blah.

 

 

This is very important. Blah Blah won't do, we need to know the details.

 

Did they send "letters" or official documents? Which documents and when? And were they addressed to your correct name and address? And did they have any returned to them undelivered?

 

If they sent them to the wrong address, for example, you have a route of escape. We need to know.

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This is very important. Blah Blah won't do, we need to know the details.

 

Did they send "letters" or official documents? Which documents and when? And were they addressed to your correct name and address? And did they have any returned to them undelivered?

 

If they sent them to the wrong address, for example, you have a route of escape. We need to know.

 

they sent letters, GCC said they have an arrangement with the royal mail that any undelivered mail gets returned to them, so they just assume that as no mail was returned to them then i must have received them. SO they have no proof, i have no proof i did not receive them, they dont care. The sheriff officers had my address right.

 

They are sating they sent out 2 letters, i assume which was the original fine and then a higher fine for not paying.

 

I have had mail gone missing in the past, not a lot but a few low value items off ebay have disappeared in the past. They are using an unreliable postal service with no proof i get these letters delivered. I also told them this. They are not interested. Basically there is no way back when it gets to this stage.

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I can't help you without some concrete facts. If they just sent letters, they haven't followed procedure. But I think they will have sent official documents, which are a different ball game.

 

If you can find out what documents they sent, the dates and confirmation of whether they were addressed fully, properly to you at the correct place - then that will help determine where you stand with this.

 

The issue is what they sent, when and where - unfortunately, it's not important to the process whether you received them, provided that is, the address they were using was correct.

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If it helps you can check with Royal Mail to verify if your address - specifically the postcode - is linked to more than one property. Sometimes the postcode is used by the council to obtain the address and there may be (for example ) apartments 1-3 in the same house, or an annex .

 

The final address can also be adapted by other organisations that have the right to amend the postcode boundaries, for example the home office, when updating their database for TV licences. You won't know it of course until you check.

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You need to make a Formal Complaint to the Chief Executives Office of Glasgow City Council explaining the circumstances fully that you have reciveved no documentation form GCC.

 

You require copies of all documentation, dates sent by GCC and how GCC confirm Proof of Delivery.

 

I would advise not to speak to them on the telephone unless you have the facility to record calls as they can deny anything stated in a phone call.

 

If you sent anything by email always ensure you have it marked to give you a 'read reciept'

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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

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It's pointless jumping through hoops, speaking to the post office or making complaints. At this stage it's fact-finding which is needed. As I said in post 11 - find out (telephone is fine) exactly what they sent, and what the exact address was. THEN you can consider further options, depending what they say.

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I can't help you without some concrete facts. If they just sent letters, they haven't followed procedure. But I think they will have sent official documents, which are a different ball game.

 

If you can find out what documents they sent, the dates and confirmation of whether they were addressed fully, properly to you at the correct place - then that will help determine where you stand with this.

 

The issue is what they sent, when and where - unfortunately, it's not important to the process whether you received them, provided that is, the address they were using was correct.

 

I would assumed they have sent official documents, i just called them letters and they did too. They have my correct address. They are saying they sent these letters to me and as they were not returned then i must have received them.

 

If it helps you can check with Royal Mail to verify if your address - specifically the postcode - is linked to more than one property. Sometimes the postcode is used by the council to obtain the address and there may be (for example ) apartments 1-3 in the same house, or an annex .

 

The final address can also be adapted by other organisations that have the right to amend the postcode boundaries, for example the home office, when updating their database for TV licences. You won't know it of course until you check.

 

Im in a semi detached house and my postcode covers many houses on this street. Just the number thats sets them apart.

 

You need to make a Formal Complaint to the Chief Executives Office of Glasgow City Council explaining the circumstances fully that you have reciveved no documentation form GCC.

 

You require copies of all documentation, dates sent by GCC and how GCC confirm Proof of Delivery.

 

I would advise not to speak to them on the telephone unless you have the facility to record calls as they can deny anything stated in a phone call.

 

If you sent anything by email always ensure you have it marked to give you a 'read reciept'

 

Ok many thanks for the info, my problem is very soon they are going to arrest my wages, or benefits, so they will take their money and at the same time add more fees to to it. This is unstoppable no matter what i do. Its like this is going to happen anyway and im left fighting a losing battle afterwards, still lost the money, still wont get it back unless i get a lawyer it seems. ALso i have major anger problems and this will just cause me so much stress, its not worth £166. Some things dont bother me but this is one of those things that will eat away at me.

 

so its pay the £166 and then fight it, probably wasting my time

or

let them take it from my wages Plus even more fees, then fight it, probably wasting my time.

 

i know i sound negative but you just need to read some of the people who have had no luck fighting these fines ie the women who had to move into a bus lane to let a fire engine past and they never budged on that one. They have a zero tolerance policy.

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Have you asked for copy of the CCTV footage of you being in the bus lane or are you not disputing that fact. If you believe that the fine is an error then chase that up sharply otherwise you are just running up steeper and steeper bills.

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ie the women who had to move into a bus lane to let a fire engine past and they never budged on that one. They have a zero tolerance policy.

 

I would have thought gender based discrimination might have already been in the history books, I'll have a check though.

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Have you asked for copy of the CCTV footage of you being in the bus lane or are you not disputing that fact. If you believe that the fine is an error then chase that up sharply otherwise you are just running up steeper and steeper bills.

 

I have not asked, im more concerned with stopping this from happening and them taking my money. Then see what it is that im meant to have done and what evidence they have.

 

I would have thought gender based discrimination might have already been in the history books, I'll have a check though.

 

Are you on drugs?

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  • 2 weeks later...

Hi, I have just paid £166 to these cowboys today. I too never received any letters from them. I only paid because the sheriff officers bill was going to go up another £70 next week. I am however not going to let this rest. I now plan to take Glasgow city council to the small claims court to recover my money and expenses for all the phones calls I have made. This is only going to cost me £16.00. They are going to have to prove proof of service. As they don't send out their letters by registered post, I cannot see any way their case will stand up in court. There argument that they have an agreement with Royal Mail to return all undelivered letters is a joke. They are convinced that Royal Mail correctly deliver every letter that is posted.I am looking forward to taking them on

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Thank you for the update

 

Please remember it still does not stop you making a formal complaint to the Chief Executives even though you have paid this and asking what I mentioned in post #13.

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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

Please Donate button to the Consumer Action Group

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Hi, I have just paid £166 to these cowboys today. I too never received any letters from them. I only paid because the sheriff officers bill was going to go up another £70 next week. I am however not going to let this rest. I now plan to take Glasgow city council to the small claims court to recover my money and expenses for all the phones calls I have made. This is only going to cost me £16.00. They are going to have to prove proof of service. As they don't send out their letters by registered post, I cannot see any way their case will stand up in court. There argument that they have an agreement with Royal Mail to return all undelivered letters is a joke. They are convinced that Royal Mail correctly deliver every letter that is posted.I am looking forward to taking them on

 

There is no obligation to "prove proof of service". You are entitled to be sent (that's sent, not receive) a stantard sequence of notices prior to enforcement. If you did not get them you can contest the charge, but it sounds like you paid instead of contesting.

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There is no obligation to "prove proof of service". You are entitled to be sent (that's sent, not receive) a stantard sequence of notices prior to enforcement. If you did not get them you can contest the charge, but it sounds like you paid instead of contesting.

I had no option but to pay otherwise the sheriff officers bill was going to go up and up. If you are caught with a speed camera the police have to send you notification by recorded delivery post. I don't see the difference here

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