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#Post#: 24070--------------------------------------------------
Excess charge notices - guidance for those giving advice.
By: ivanleo Date: May 27, 2024, 12:25 pm
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If anyone posts an Excess Charge Notice in any part of the
forum, please do not advise the OP to pay. Flag the thread to me
and I will deal with it appropriately. The same goes for any
police FPNs issued in respect of what appears to be a civil
parking contravention.
These sorts of cases are very rare but when they come up they
require detailed investigation, telling someone to pay without
carrying out those investigations would be negligent if you were
a qualified lawyer because it could prejudice the OP's case.
While it is true that nobody gets paid for giving advice and we
are all volunteers, we should not be giving bad advice.
If you don't know what relevant investigations need to be
carried out, then by definition you are not qualified to give
advice on the topic of ECNs.
Advising someone to pay in a case where you are not qualified to
do so is also a breach of House Rule 3
HTML https://www.ftla.uk/announcements/house-rules/,
because it
qualifies as poor advice.
#Post#: 27590--------------------------------------------------
Re: Excess charge notices - guidance for those giving advice.
By: ivanleo Date: June 26, 2024, 1:00 pm
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Case in point:
HTML https://www.ftla.uk/news-press-articles/why-a-lawyer-is-giving-his-fee-to-charity-after-stopping-a-wrongly-issued-norfol/
I don't have the original Pepipoo link but I'm sure the OP was
advised to just pay by at least one or two people. Advice along
the lines of "Oh it's ever so difficult to go to the
Magistrates' Court, you're better off just giving up and paying
because [costs / difficult / whatever else]" that does not even
consider whether there are any viable defences will not be
tolerated on this site.
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