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#Post#: 45227--------------------------------------------------
Re: Munday road E16 - London newham - parked on disabled bay by
mistake
DIR By: John U.K.
Date: November 12, 2024, 9:05 am
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@HCAnderson
--- Quote ---
> Transfer of liability
> I have reported last year on issues concerning the transfer of
liability when the
> registered keeper of a hired vehicle seeks to transfer of
liability to the hirers.
> Adjudicators have found that despite the restrictive statutory
provisions which are
> re-stated in case law, parties are still not grasping
provisions. Adjudicators noted that
> some authorities have allowed transfer even when the required
evidence has not
> been provided. Adjudicators are then required to deal with
appellants’ submissions
> that their representations have been accepted by some but not
other authorities.
> Adjudicators would urge hire companies and authorities to pay
greater attention to
> the legal issues and consider the evidential requirements for
a transfer before the
> matter reaches the appeal stage.
--- End Quote ---
I opened the link in Firefox, highlighted, right clicked and
copied in the usual way.
#Post#: 45310--------------------------------------------------
Re: Munday road E16 - London newham - parked on disabled bay by
mistake
DIR By: ivanleo
Date: November 12, 2024, 4:03 pm
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[member=832]taffer87[/member] please show us all pages of
evidence item B.
#Post#: 45385--------------------------------------------------
Re: Munday road E16 - London newham - parked on disabled bay by
mistake
DIR By: taffer87
Date: November 13, 2024, 3:41 am
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--- Quote from: cp8759 link ---
>
> [member=832]taffer87[/member] please show us all pages of
evidence item B.
>
--- End Quote ---
[member=1]cp8759[/member] here is full section B. Only traffic
order was missing in previous upload.
HTML https://i.ibb.co/Wp0pXdD/Evidence-pack-B.jpg
HTML https://ibb.co/yBpBCMh
#Post#: 45517--------------------------------------------------
Re: Munday road E16 - London newham - parked on disabled bay by
mistake
DIR By: ivanleo
Date: November 13, 2024, 3:55 pm
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[member=832]taffer87[/member] please post the entire evidence
pack, it's really hard to work out what's what with only a few
pieces of the puzzle. It might be easier if you put it all in a
google drive or dropbox folder and share the link, rather than
posting loads of screenshots on here.
#Post#: 45554--------------------------------------------------
Re: Munday road E16 - London newham - parked on disabled bay by
mistake
DIR By: taffer87
Date: November 14, 2024, 3:48 am
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[member=1]cp8759[/member] I have shared with you via DM as its
not redacted. Will try and share a redacted version here later
today.,
#Post#: 45563--------------------------------------------------
Re: Munday road E16 - London newham - parked on disabled bay by
mistake
DIR By: H C Andersen
Date: November 14, 2024, 4:32 am
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If there isn't evidence to support you being regarded as the
'owner' then the appeal must be allowed IMO because the default
position is that the registered keeper is to be regarded as the
'owner'.
Reg. 6 covers the point:
HTML https://www.legislation.gov.uk/uksi/2022/71/regulation/6/made
#Post#: 45564--------------------------------------------------
Re: Munday road E16 - London newham - parked on disabled bay by
mistake
DIR By: taffer87
Date: November 14, 2024, 4:37 am
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They do have a letter from VWFS..
Here is the redacted full evidence pack.. hope this helps.
HTML https://www.dropbox.com/scl/fi/o47rcaeqn91rexndk8gn4/Evidence-bundle_Redacted.pdf?rlkey=nbq129efciuz8prcn45m2zwjf&st=w6cgo5lw&dl=0
#Post#: 45567--------------------------------------------------
Re: Munday road E16 - London newham - parked on disabled bay by
mistake
DIR By: H C Andersen
Date: November 14, 2024, 4:53 am
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They do have a letter from VWFS..
...despite the restrictive statutory provisions which are
re-stated in case law parties are not grasping[the transfer of
liability mandatory] provisions.
I gave you the link to the 'restrictive statutory provisions'.
The letter from VWFS does NOT meet these IMO.
Where's the hire agreement, where's your signed statement(at the
time of hiring) as regards this type of liability??
#Post#: 45574--------------------------------------------------
Re: Munday road E16 - London newham - parked on disabled bay by
mistake
DIR By: taffer87
Date: November 14, 2024, 5:15 am
---------------------------------------------------------
--- Quote from: H C Andersen link ---
>
>
> They do have a letter from VWFS..
>
> ...despite the restrictive statutory provisions which are
re-stated in case law parties are not grasping[the transfer of
liability mandatory] provisions.
>
> I gave you the link to the 'restrictive statutory provisions'.
>
> The letter from VWFS does NOT meet these IMO.
>
> Where's the hire agreement, where's your signed statement(at
the time of hiring) as regards this type of liability??
>
--- End Quote ---
Yes, agreed I have actually won a PCN last year on this very
basis where Anthony chan was the adjudicator BUT other
adjudicators don't always agree with this one so this one is a
bit of a hit or a miss. With the right adjudicator this is a
winning point inc. the chief adjudicator.
#Post#: 45602--------------------------------------------------
Re: Munday road E16 - London newham - parked on disabled bay by
mistake
DIR By: taffer87
Date: November 14, 2024, 8:52 am
---------------------------------------------------------
--- Quote from: H C Andersen link ---
>
>
> They do have a letter from VWFS..
>
> ...despite the restrictive statutory provisions which are
re-stated in case law parties are not grasping[the transfer of
liability mandatory] provisions.
>
> I gave you the link to the 'restrictive statutory provisions'.
>
> The letter from VWFS does NOT meet these IMO.
>
> Where's the hire agreement, where's your signed statement(at
the time of hiring) as regards this type of liability??
>
--- End Quote ---
Isn't the missing notice of acceptance to VWFS in the evidence
pack the key point? Which means they can't issue another NTO.
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