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    • Hmm yes I see your point about proof of postage but nonetheless... "A Notice to Keeper can be served by ordinary post and the Protection of Freedoms Act requires that the Notice, to be valid,  must be delivered either (Where a notice to driver (parking ticket) has been served) Not earlier than 28 days after, nor more than 56 days after, the service of that notice to driver; or (Where no notice to driver has been served (e.g ANPR is used)) Not later than 14 days after the vehicle was parked A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales." My question there is really what might constitute proof? Since you say the issue of delivery is a common one I suppose that no satisfactory answer has been established or you would probably have told me.
    • I would stand your ground and go for the interest. Even if the interest is not awarded you will get the judgement and the worst that might happen is that you won't get your claim fee.  However, it is almost inevitable that you will get the interest.  It is correct that it is at the discretion of the judge but the discretion is almost always exercised in favour of the claimant in these cases.  I think you should stand your ground and don't give even the slightest penny away Another judgement against them on this issue would be very bad for them and they would be really stupid to risk it but if they did, it would cost them far more than the interest they are trying to save which they will most likely have to pay anyway
    • Yep, true to form, they are happy to just save a couple of quid... They invariably lose in court, so to them, that's a win. 😅
    • Your concern regarding the 14 days delivery is a common one. Not been on the forum that long, but I don't think the following thought has ever been challenged. My view is that they should have proof of when it was posted, not when they "issued", or printed it. Of course, they would never show any proof of postage, unless it went to court. Private parking companies are simply after money, and will just keep sending ever more threatening letters to intimidate you into paying up. It's not been mentioned yet, but DO NOT APPEAL! You could inadvertently give up useful legal protection and they will refuse any appeal, because they're just after the cash...  
    • The sign says "Parking conditions apply 24/7". Mind you, that's after a huge wall of text. The whole thing is massively confusing.  Goodness knows what you're meant to do if you spend only a fiver in Iceland or you stay a few minutes over the hour there.
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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 hellp with teslco car insurance dispute


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i have car insurence with tesco,

last week i had a acident and my car is a write off, i bought my car for 3200, and tesco have come back with a figure of 2100 , i cannot buy a car for the same milage and condition for 2100-300 excess.l

what can i do.

they are very unhepfull

and time is dragging on

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Terry,

 

They won't listen to start off with, you just have to stick to your guns and if you can get evidence of what similar cars are going for that will strenghen your case. You may have to make a formal complaint and ultimately go to the ombudsman, but don't back off and be prepared to take it all the way. Don't accept any payment from them under any circumstances until they make a fair offer.

 

if you can tell us the make and model of the car, its year of registration and mileage that will be useful.

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the car was a mgf n reg 44000 miles, very good condition

they are looking into it, by sending anothelr energer out, who will ring me .

they said that if i cash the check it will not prejuious any further came, l

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For a car with such a low mileage it might be worth contacting the MG owners club to see if they can give you a valuation. If you have receipts for any servicing or repairs that you have had done that will also help. Any photos that show its condition prior to the accident will also be helpful.

 

Have you checked on Parkers, as they have a used price guide for older cars?

 

Parker's

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I have just been through this exact situation (with Elephant.co.uk) in May. So I speak with some experience.

 

Basically the FSO recommends that insurance companies should pay out Glasses Guide retail value, minus any excess, in the event of a write off (and that was actually written in the small print of my insurance documentation). Approach a friendly motor dealer and they should tell you what Glasses retail price is for your car. That's what you should be aiming for. Write off to the insurance and tell them that's what you want.

 

If they still refuse to raise their offer, then go onto the Auto Trader website and print off some ads for similar cars. You'll probably find that they're priced around Glasses Guide price anyway - since that's what the trade uses to price cars. Send these off to your insurers, pointing out that that's what it's going to cost to replace, and ask that they increase their offer.

 

If they still refuse, then after their final offer you can then refer the case to the FSO.

 

Never accept the first offer as final settlement (still bank the cheque though). I eventually got a reasonable payout in 3 separate installments. :rolleyes: .

 

Be in no doubt: Insurance companies will try to "Do" you in any way they can. I'm disgusted at the way they try to evade their liabilities.

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