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    • Northmonk forget what I said about your Notice to Hirer being the best I have seen . Though it  still may be  it is not good enough to comply with PoFA. Before looking at the NTH, we can look at the original Notice to Keeper. That is not compliant. First the period of parking as sated on their PCN is not actually the period of parking but a misstatement  since it is only the arrival and departure times of your vehicle. The parking period  is exactly that -ie the time youwere actually parked in a parking spot.  If you have to drive around to find a place to park the act of driving means that you couldn't have been parked at the same time. Likewise when you left the parking place and drove to the exit that could not be describes as parking either. So the first fail is  failing to specify the parking period. Section9 [2][a] In S9[2][f] the Act states  (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid; Your PCN fails to mention the words in parentheses despite Section 9 [2]starting by saying "The notice must—..." As the Notice to Keeper fails to comply with the Act,  it follows that the Notice to Hirer cannot be pursued as they couldn't get the NTH compliant. Even if the the NTH was adjudged  as not  being affected by the non compliance of the NTK, the Notice to Hirer is itself not compliant with the Act. Once again the PCN fails to get the parking period correct. That alone is enough to have the claim dismissed as the PCN fails to comply with PoFA. Second S14 [5] states " (5)The notice to Hirer must— (a)inform the hirer that by virtue of this paragraph any unpaid parking charges (being parking charges specified in the notice to keeper) may be recovered from the hirer; ON their NTH , NPE claim "The driver of the above vehicle is liable ........" when the driver is not liable at all, only the hirer is liable. The driver and the hirer may be different people, but with a NTH, only the hirer is liable so to demand the driver pay the charge  fails to comply with PoFA and so the NPE claim must fail. I seem to remember that you have confirmed you received a copy of the original PCN sent to  the Hire company plus copies of the contract you have with the Hire company and the agreement that you are responsible for breaches of the Law etc. If not then you can add those fails too.
    • Weaknesses in some banks' security measures for online and mobile banking could leave customers more exposed to scammers, new data from Which? reveals.View the full article
    • I understand what you mean. But consider that part of the problem, and the frustration of those trying to help, is the way that questions are asked without context and without straight facts. A lot of effort was wasted discussing as a consumer issue before it was mentioned that the property was BTL. I don't think we have your history with this property. Were you the freehold owner prior to this split? Did you buy the leasehold of one half? From a family member? How was that funded (earlier loan?). How long ago was it split? Have either of the leasehold halves changed hands since? I'm wondering if the split and the leashold/freehold arrangements were set up in a way that was OK when everyone was everyone was connected. But a way that makes the leasehold virtually unsaleable to an unrelated party.
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Can we claim compensation from the DVLA


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I want advice on something which has happened recently with the DVLA, but first some background information.

 

My wife has glaucoma has done since birth, she is currently 42. She has lost sight in one eye and has regular hospital appointments to check to her eyes.  At the moment everything is fine and there has been no change in her vision in decades.

 

With this eye condition my wife has to apply to have her licence renewed every 3 years. She has an eye test at Specsavers which is sent to the DVLA for review. Her licence was due for renewal November 2022 and she had the eye test as per the process.

 

The end of November she received a letter from the DVLA saying she has failed the eye test, he licence has not been renewed and must stop driving immediately.  This is obviously devastating for several reasons, we as a family had to make significant changes to our life.  I had to do all the driving, kids to and from school 7 miles away, wife to and from work 4 miles away, drive to the shops, kids swimming lessons, sporting events etc.  We had to plan which child's sporting activities because they regularly overlap.


What was most distressing was my wife thought her eye sight had deteriorated so much in less than a year. Her previous hospital appointment they said there was nothing wrong with her vision and there has been no change; then the DVLA write and say her eyes are so bad she's not allowed to drive.  The image of her physically being sick, screaming "I dont want to go blind" is something I will never forget.  

 

We decided to appeal the DVLA decision. This evolves paying for a eye and field vision test and sending it off to the DVLA. If it is more favourable, they will send you to Spec Savers to do the official test again.  We sent off the eye test results to the DVLA which the optometrist said was normal.  A few days later my wife got a phone call from the DVLA saying her licence has been renewed and she can start driving the next day.  This not the process they said, which made us suspicious.

 

Still be worried that her vision is borderline, that she had only just passed the eye test and we may only have 3 more years of her being able to drive, we emailed the DVLA asking which aspect of the vision test did my wife fail.

The reply from the DVLA basically said, there was nothing wrong with the original test, she easily passed it and it was a clerical error.

 

The 2 weeks between having her licence revoked and getting it back, is some of the worse times of our lives. I had to make up several hours of work a day taking family to and from school / work, and I cant imagine the emotional distress to my wife felt questioning her livelihood and in fear she is soon going to be blind.

I am basically asking do you think there are grounds for compensation for emotional distress caused by the DVLA's error?

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1) Formal complaint regarding losses and distress due to DVLA’s maladministration, to DVLA Drivers’ Medical Group.

 

Expect it to take ages, and then be fobbed off.

 

2) Escalate complaint to DVLA Chief Exec.

 

Don’t expect much more than 1), but on more glacial timescale.

 

3) Then PHSO (via your MP), complaint regarding losses and distress due to DVLA’s maladministration.

 

Step 3) requires exhausting DVLA’s composing process via 1) and 2) first, though.

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