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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?
    • Steam is still needed in many industries, but much of it is still made with fossil fuels.View the full article
    • 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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    • 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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Please i need help with JSA and job centre staff.


Unknownpleasures70
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Hello really need help with this matter.

 

I recently signed on

was informed by my adviser that i would have to see someone from upstairs about 'intensive job search training'.

 

 

I asked what it was she responded in saying its just **** from upstairs who will go through stuff on the computers, for a bit support. I asked if it was compulsory she said when you are told to come in you have to.

 

i went to the appointment was met by lady upstairs,

she then took me down onto the computers and asked me to log into my UJM account,

i did that

 

 

she asked me how i looked for jobs

I said i log on here every day and use indeed, cv library etc.

 

 

wanted to look at my CV and said it could be better

,i responded by saying my adviser was happy with it

said nothing to do with her and this is the reason i was not getting interviews!

 

told me i need to go on a CV building course.

 

said log into your indeed account,

i said i cant i dont know my password as i use it on my phone and its automaticly logged in all the time.

 

demanded me to show me it on my phone, alarm bells were ringing at this stage!

 

I said no as im sure there was a data protection law about that,

asked what i was hiding,

i replied nothing and asked her when my 'training' was going to start.

 

she wanted proof of my job searches

i asked why and she said because i need to see them.

 

 

Ok i said look on my UJS as i have put them in the diary section bit i fill in every day.

said that is not evidence as it could be made up!!

 

I was furious how dare her accuse me of lying!

 

We ended up back upstairs as she said we are going around in circles and i was being very un helpful.

 

She give me an appointment for next monday and to bring evidence of my job searching or else.

 

I asked what i have done wrong

i was here for training which turned into a witch hunt,

she told me interview over and got security to ask me to leave which i did but was left confused,shocked and angry.

 

I have done everything they have asked since i signed up,

im in my mid 40s and have worked all my life,

i am frightened about sanctions etc and dont know where to turn.

 

Please can you give me any advice on this matter,

sorry to waffle but need to try and give you the full story.

 

Cheers in advance.

Edited by honeybee13
Paras.
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Hi, [removed] they are not your friends.

They are there to try and catch you out and make you feel terrible about yourself.

 

Im sure someone will be along to advise you but, I understand the consensus is don't trust them.

Edited by dx100uk
behave - dx
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I'm afraid that in recent years, some JCP staff have embraced a stricter benefits regime that Ian Duncan Smith exhorted whilst holding the post of Secretary of State for Work and Pensions. Most of the staff, like the rest of us, just want to get through the day without getting in to a fight. Unfortunately, when you meet one of those that relish enforcing the SBR, tact is required in order to avoid a sanction. How to deal with one of these is highly dependent on situation and what demands they are making.

 

Ok i said look on my UJS as i have put them in the diary section bit i fill in every day.

said that is not evidence as it could be made up!!

 

Picking up on this, I would urge you to keep a paper record of all your UJM diary entries. There is anecdotal evidence to suggest that the data is not aways stored correctly on the DWP system. Should you need to provide the information on a day when an adviser has technical difficulties accessing your file, having a paper record to hand will go a long way.

 

One final point: It is not mandatory to allow DWP access to your UJM account, and at times it is advisable to untick the box that allows them to do so.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

No... you can't eat my brain just yet. I need it a little while longer.

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Thanks for advice so far.

I just really have got nothing to hide,as i said i even let them see all my job searches on job match.

The thing is even with ref numbers etc they are basicly saying i could be making it up and it is not evidence.

Also wanting access to my indeed etc accounts must surely be breaking a data protection act?

How is the job info on my job match not evidence even though they check it fortnightly when i sign on??

Im at a total loss of my rights here,the jobs i have applied for are saved in my accounts of indeed etc are they allowed to force me to let them have access to these accounts?

Thanks in advance.

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Thanks for advice so far.

I just really have got nothing to hide,as i said i even let them see all my job searches on job match.

The thing is even with ref numbers etc they are basicly saying i could be making it up and it is not evidence.

Also wanting access to my indeed etc accounts must surely be breaking a data protection act?

How is the job info on my job match not evidence even though they check it fortnightly when i sign on??

Im at a total loss of my rights here,the jobs i have applied for are saved in my accounts of indeed etc are they allowed to force me to let them have access to these accounts?

Thanks in advance.

Not evidence , but they still want to have a nosey at it though, And just what do they think is evidence then , are they able to tell you in writing on their official letter headed paperwork or show you where it says what you are doing isn't sufficient evidence of work search ?

But i doubt they would put it on paper and sign it,. as they know they are breaking their own rules , I'm sure there is a link on here somewhere that will show you the current rules surrounding JSA

You may have to fight them with their own rules because once you are clued up of what is mandatory and what isn't , as well as other stuff they will soon back down ,Personally I wouldn't give the access to your UJ account nor would i sign or agree to any claimant commitment that i thought was excessive or outside the scope of meeting the criteria of actively seeking work , If you do nothing they will sanction you after setting you up to fail , that is their intent from what i can see

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Not evidence , but they still want to have a nosey at it though, And just what do they think is evidence then , are they able to tell you in writing on their official letter headed paperwork or show you where it says what you are doing isn't sufficient evidence of work search ?

But i doubt they would put it on paper and sign it,. as they know they are breaking their own rules , I'm sure there is a link on here somewhere that will show you the current rules surrounding JSA

You may have to fight them with their own rules because once you are clued up of what is mandatory and what isn't , as well as other stuff they will soon back down ,Personally I wouldn't give the access to your UJ account nor would i sign or agree to any claimant commitment that i thought was excessive or outside the scope of meeting the criteria of actively seeking work , If you do nothing they will sanction you after setting you up to fail , that is their intent from what i can see

 

Thanks mate you are on the money with you're thoughts i think.Gonna block them from my universal account and demand everything they request to be on headed paper and signed,call there bluff so to speak.

Thanks again for everybodys help.

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Also wanting access to my indeed etc accounts must surely be breaking a data protection act?

[...]

Im at a total loss of my rights here,the jobs i have applied for are saved in my accounts of indeed etc are they allowed to force me to let them have access to these accounts?

 

I would recommend having a read of the terms & conditions of using the Indeed web site. Somewhere in there, I'm sure you will find a section that restricts the use of your login details and also keeping your password secure. If anyone wanted access to one of my many accounts (regardless of web site), I would be giving them a very stiff lecture on data security and in the case of a DWP employee or subcontractor, question their legal and moral authority.

 

I would supply the DWP with printouts as supporting evidence, and nothing more. If an adviser pressed the issue, I would lodge a formal complaint via my MP.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

No... you can't eat my brain just yet. I need it a little while longer.

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