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    • 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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I'm wondering it anyone can help in relation to a ticket I was issued at 4.30AM Sunday morning.

 

On my way back from work, I stopped off to pick up some milk etc ( I was probably gone for about 10 minutes). I parked in a side road (Durham Road N7) - I don't have an issue with what I did, ie; I parked on double yellow lines, figuring at 4.30 in the morning there are no patrols. I question the morality and principles of ticketing people at that time in the morning (Trying to support local businesses by shopping locally.) I parked behind a car that was in a residents box. I was not causing an obstruaction, blocking anything etc.

 

My question is firstly, I have checked Islington website and policy documents and cannot find it anywhere that they carry out 24 patrols - As a resident I was completely unaware of this (and unaware that my council tax is paying for it). I spoke to them at the council this morning and got passed from pillar to post. Surely they must have their hours of operation in their policies?

 

Secondly, the ticket says it is contravention: 01, parked in a restricted street during prescribed hours; Which I believe in incorrect, surely ithe contravention should be related to double yellows???

 

Any ideas? Suggestions???

 

These are the hours:

Zone J Matchday Controls Mon to Fri 8:30am to 8:30pm, Sat 8:30am to 4:30pm & Sundays & Public Holidays 12:00pm to 4:30pm

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Double yellows are in force 24/7. As I understand your argument, your main complaint is that you did not expect PCNs to be issued at that time of day. It's another way of saying you hoped to get away with stopping there, but I don't see that as any basis for an appeal.

 

Contravention 01 "restricted street" does mean double yellows. It's just the official term for it, so the contravention is correctly stated.

 

Your only slender hope I think is to argue that you were collecting goods or something. You can use yellow lines to do that. How long was the vehicle observed for, according to the times on the PCN? If it was five minutes or more, I think you're out of luck.

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To be honest I make you right, there is a slim to zero chance - I know that I was in the wrong - I'm just apoplectic on the morality and principle of it, didnt expect for them to be around that time in the morning (I work as a paramedic and the only council I know who are out in force 24/7 are Westminister) After I posted the above, I checked out the contravention code, as that was really my last hope, unfortunately as you say, it's correct - Guess I'd better just pay up and swallow it :evil:. I think I just wanted somewhere to vent my spleen and see if ther was an outside chance ....Alas.....Thanks for your contribution, much appreciated.

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There isn't always as much lighting as there should be, the lines aren't always as clear as they should be, just checking.

 

Course they were as the op has stated he knew they were double yellows.
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Unfortunately they were quite obvious. Its a shame people are rudely jumping in and answering on my behalf. As rebel11 said, the lines arent always clear, the lighting isint always great, and traffic wardens can 'see' lines sometimes that arent always obvious to the mere public. So, unless you were there,rude presumptive answers are uncalled for.

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I know, hindsights a wonderful thing! (having done a long shift with the drunk public I couldnt be bothered to park further up and walk back, again, wrongly assuming there were no traffic wardens around at 4.30 in the morning... should have known , they are a species unto themselves and can come out of cracks in the pavements!)

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Hi Ducati66

 

TW have targets, there isn't much traffic at 4.30a.m., so they are pretty much stationary watching the only 'hotspot' around, near a 24/7 shop.

 

The TW should have hung around instead of skulking off, it would have been good to explain to him/her what you do for a living and used some common sense.

 

I know, hindsights a wonderful thing! (having done a long shift with the drunk public I couldnt be bothered to park further up and walk back, again, wrongly assuming there were no traffic wardens around at 4.30 in the morning... should have known , they are a species unto themselves and can come out of cracks in the pavements!)
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Hi Ducati66

 

TW have targets, there isn't much traffic at 4.30a.m., so they are pretty much stationary watching the only 'hotspot' around, near a 24/7 shop.

 

The TW should have hung around instead of skulking off, it would have been good to explain to him/her what you do for a living and used some common sense.

 

CEOs do not enforce 'traffic' contraventions they enforce 'parking' contraventions and unsurprisingly most vehicles are 'parked' at 4.30am so they would have plenty to do as many people wrongly assume they can ignore restrictions during the night/early morning. Why would they hang around they have issued a PCN so why wait around they probably just drove off to find another vehicle parked in breach of the parking regulations?

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I've explained in my previous posts. If they've got a constant stream of people parked who want to use the store they are likely to hang around.

 

CEOs do not enforce 'traffic' contraventions they enforce 'parking' contraventions and unsurprisingly most vehicles are 'parked' at 4.30am so they would have plenty to do as many people wrongly assume they can ignore restrictions during the night/early morning. Why would they hang around they have issued a PCN so why wait around they probably just drove off to find another vehicle parked in breach of the parking regulations?
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I would chalk this one up to a bad experience and pay the fine before they increase it. At least you know that you can be caught anytime on double yellows now, so make sure you are careful in the future.

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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(and unaware that my council tax is paying for it)

 

 

It's not your council tax paying for it, they make tens of millions from the motorist and at 04:30, if any further proof were needed, they are all about making money and not keeping the roads clear.

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In fact, whatever you think of the parking regimes in this country, the Council Tax argument is the worst. Not only are CEOs usually paid by a private company, their activities bring money into the council's coffers. Without the revenue stream which PCNs have become, there would pressure on council tax to go up!

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PCN's shouldn't be there to cross subsides the council spend, revenue can be generated in many different ways. Just look when someone builds an extension or has building work done. The pavement is left in a mess, all broken because someone has hired a skip. The council fix it without charging the home owner. There should be a 'skip pavement charge' tagged on to skips, it would be miniscule to the spend. There are loads of other ways to generate revenue.

 

It's the fact that there's infrastructure and the councils have become overzealous.

 

Also virtually every council has got a load of art works etc locked up, were talking about millions, e.g. Manchester has got £321m worth of art just hidden away doing nothing, get visitors to pay to look at it.

 

In fact, whatever you think of the parking regimes in this country, the Council Tax argument is the worst. Not only are CEOs usually paid by a private company, their activities bring money into the council's coffers. Without the revenue stream which PCNs have become, there would pressure on council tax to go up!
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PCN's shouldn't be there to cross subsides the council spend, revenue can be generated in many different ways. Just look when someone builds an extension or has building work done. The pavement is left in a mess, all broken because someone has hired a skip. The council fix it without charging the home owner. There should be a 'skip pavement charge' tagged on to skips, it would be miniscule to the spend. There are loads of other ways to generate revenue.

 

It's the fact that there's infrastructure and the councils have become overzealous.

 

Also virtually every council has got a load of art works etc locked up, were talking about millions, e.g. Manchester has got £321m worth of art just hidden away doing nothing, get visitors to pay to look at it.

 

Councils do charge people for damage to the footway if they know who did the damage and they do charge for a skip licence of its on the highway.

The PCN was issued because the car was illegally parked not to subsidise people with skips. There would seem little point in having 24hr parking restrictions if they only applied at some arbitery time that suits you.

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It's not your council tax paying for it, they make tens of millions from the motorist and at 04:30, if any further proof were needed, they are all about making money and not keeping the roads clear.

 

Thats a rather perverse argument, if no one is about at 4.30am then they would not make any money and instead work at a loss. The fact is as is shown by the OP people in London do use the roads 24hrs a day and if the restriction is 24hrs its there for a reason.

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If they do, it's not consistent, maybe it's too hard. They should find out, maybe a skip sitting on a drive is a big clue or maybe sat nav tracking, it's not that difficult.

Where exactly have I said that? Don't put your own interpretation on what I say. They don't always hand out PCN's, that's a fact.

 

Councils do charge people for damage to the footway if they know who did the damage and they do charge for a skip licence of its on the highway.

The PCN was issued because the car was illegally parked not to subsidise people with skips. There would seem little point in having 24hr parking restrictions if they only applied at some arbitery time that suits you.

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The skip argument is just absurd. How much revenue do you think could be gained from skip charges or clean-up charges, compared to the mountains of parking PCNs they churn out. I don't like it, but it's precisely because it's a cash cow that the councils do it! Skip charges are like loose change by comparison.

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Just because you don't agree with it, doesn't make it absurd. Skip charges and a lot of other charges. Penalty charges for gum on the pavement. There is surely more gum on the pavement then car's parked illegally? It's amazing how you've focused in on skip's.

 

The skip argument is just absurd. How much revenue do you think could be gained from skip charges or clean-up charges, compared to the mountains of parking PCNs they churn out. I don't like it, but it's precisely because it's a cash cow that the councils do it! Skip charges are like loose change by comparison.
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Just because you don't agree with it, doesn't make it absurd. Skip charges and a lot of other charges. Penalty charges for gum on the pavement. There is surely more gum on the pavement then car's parked illegally? It's amazing how you've focused in on skip's.

 

No, you're right. Armies of PCN-issuing pavement gum police is not absurd at all.

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There's a lot of gum on the pavement, £80 a PCN, councils should be raking it in, 'Pavement Gum Police' excellent idea, PGP.

 

http://www.echo-news.co.uk/news/10727908.Dropping_chewing_gum_in_the_street_could_cost_you___80/?ref=rc

 

No, you're right. Armies of PCN-issuing pavement gum police is not absurd at all.
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But why would you want to issue PCNs for gum instead of poor parking? Even if what you say is correct, it only shifts the issue sideways. You're now suggesting doing what a little while ago you thought was unacceptable:

 

PCN's shouldn't be there to cross subsides the council spend
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