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    • the claimant in their WS can refer to whatever previous CC judgements they like, as we do in our WS's, but CC judgements do not set a legal precedence. however, they do often refer to judgements like Bevis, those cases do created a precedence as they were court of appeal rulings. as for if the defendant, prior to the raising of a claim, dobbed themselves in as the driver in writing during any appeal to the PPC, i don't think we've seen one case whereby the claimant referred to such in their WS.. ?? but they certainly typically include said appeal letters in their exhibits. i certainly dont think it's a good idea to 'remind' them of such at the defence stage, even if the defendant did admit such in a written appeal. i would further go as far to say, that could be even more damaging to the whole case than a judge admonishing a defendant for not appealing to the PPC in the 1st place. it sort of blows the defendant out the water before the judge reads anything else. dx  
    • Hi LFI, Your knowledge in this area is greater than I could possibly hope to have and as such I appreciate your feedback. I'm not sure that I agree the reason why a barrister would say that, only to get new customers, I'm sure he must have had professional experience in this area that qualifies him to make that point. 🙂 In your point 1 you mention: 1] there is a real danger that some part of the appeal will point out that the person appealing [the keeper ] is also the driver. I understand the point you are making but I was referring to when the keeper is also the driver and admits it later and only in this circumstance, but I understand what you are saying. I take on board the issues you raise in point 2. Is it possible that a PPC (claimant) could refer back to the case above as proof that the motorist should have appealed, like they refer back to other cases? Thanks once again for the feedback.
    • Well barristers would say that in the hope that motorists would go to them for advice -obviously paid advice.  The problem with appealing is at least twofold. 1] there is a real danger that some part of the appeal will point out that the person appealing [the keeper ] is also the driver.  And in a lot of cases the last thing the keeper wants when they are also the driver is that the parking company knows that. It makes it so much easier for them as the majority  of Judges do not accept that the keeper and the driver are the same person for obvious reasons. Often they are not the same person especially when it is a family car where the husband, wife and children are all insured to drive the same car. On top of that  just about every person who has a valid insurance policy is able to drive another person's vehicle. So there are many possibilities and it should be up to the parking company to prove it to some extent.  Most parking company's do not accept appeals under virtually any circumstances. But insist that you carry on and appeal to their so called impartial jury who are often anything but impartial. By turning down that second appeal, many motorists pay up because they don't know enough about PoFA to argue with those decisions which brings us to the second problem. 2] the major parking companies are mostly unscrupulous, lying cheating scrotes. So when you appeal and your reasons look as if they would have merit in Court, they then go about  concocting a Witness Statement to debunk that challenge. We feel that by leaving what we think are the strongest arguments to our Member's Witness Statements, it leaves insufficient time to be thwarted with their lies etc. And when the motorists defence is good enough to win, it should win regardless of when it is first produced.   
    • S13 (2)The creditor may not exercise the right under paragraph 4 to recover from the keeper any unpaid parking charges specified in the notice to keeper if, within the period of 28 days beginning with the day after that on which that notice was given, the creditor is given— (a)a statement signed by or on behalf of the vehicle-hire firm to the effect that at the material time the vehicle was hired to a named person under a hire agreement; (b)a copy of the hire agreement; and (c)a copy of a statement of liability signed by the hirer under that hire agreement. As  Arval has complied with the above they cannot be pursued by EC----- ------------------------------------------------------------------------------------------------------------------------------------------------------------------- S14 [1]   the creditor may recover those charges (so far as they remain unpaid) from the hirer. (2)The conditions are that— (a)the creditor has within the relevant period given the hirer a notice in accordance with sub-paragraph (5) (a “notice to hirer”), together with a copy of the documents mentioned in paragraph 13(2) and the notice to keeper; (b)a period of 21 days beginning with the day on which the notice to hirer was given has elapsed;  As ECP did not send copies of the documents to your company and they have given 28 days instead of 21 days they have failed to comply with  the Act so you and your Company are absolved from paying. That is not to say that they won't continue asking to be paid as they do not have the faintest idea how PoFA works. 
    • 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.
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      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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insurance comparison sites


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Are they really the cheapest option by this i mean say 50 insurance companies use a comparison site do they inflate there prices knowing that with all the advertising these comparison sites get customers think they are the cheapest option.

 

I ask this because direct line used to use comparison sites but then pulled out a while ago. I sure do think its a case of insurance companies pulling together.

 

I used to use these sites all the time for my car insurance but this year i will use a combination of comparison sites and a few that don't use them and a couple on the high street to get my quotes.

 

What you think guys n dolls.

 

Regards

 

Leon

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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Don't know if these sites are designed by "Clones" but they are certainly set up for "Clones". Irrespective of how good a lifetime record you have, they are only interested in your last 3 years history. Most sites do not have any provision to explain circumstances, and ask stupid questions in relation to Cost of Claims. One company actually admitted to me that they don't really need this info, but just ask. (how in the hell are you supposed to evaluate third party claims?). Having spent night after night on these sites, typing in the same repetitive questions, i got really P----d off, and phoned a company I used to insure with. Because I could explain my circumstances, I got a very good quote in about 10 mins, and just accepted it. A major problem with most insurance companies is that they have never read a dictionary, to find out what the meaning of "Comprehensive" is. When you add up all their "Extras" many of their quotes are not all that competitive. Some of them blatently Cherry Pick their customers.

I have just been in touch with the OFT, amongst others, to report a racket wherebye a person may have a perfect record for all their driving life, but are treated like a teenager just because they can't prove last 3yrs history, which means they start at square one with no NCB. How many wifes/partners have only been named drivers for many years? Because of stupid nature of on- line questionaire, it makes me wonder how many cars are technically not insured, as HONEST people have inadvertantly told lies in the completion of these proposal forms.

Methinks these Ins. companies are in need of a shake up similar to what banks are presently going through.

Wish many others would also complain

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Comparison sites (gocompare, confused, moneysupermarket etc) are meant for the general masses. Remember that like every other company out there they are after making the easiest profit they can. Their business model is to try to sell to as many people as possible in an easy way - so they target the mainstream, and they use the internet.

 

 

The other model they have is to be as cheap as possible. On average the site will get £40 for every policy you sell through their website, and so because of this they are really only aiming to do 2 things - get as cheap a quote as possible to beat their competitors, and to get as many people as possible using their site.

 

 

Because most people are price sensitive (that is they are looking for a low cost, rather than a strong product) then the comparison sites are also price sensitive, because remember they want to sell to as many people as possible so they target the largest market group. Now it may surprise many people here to think of insurance as a 'product' and thus things like quality be mentioned, but anyone who has had a particular bad or good experience dealing with a claim, or found out that something they thought was covered is not covered then they will know exactly what I am talking about.

 

 

In order to be as low priced as possible comparison sites will rip their product to shreds (high excess, very little covered etc) in order to get dead low prices. Because they know people don't know much about what they are buying they know that it'll be a case of too little too late for many people that don't realise what they are getting. The insurance policies will therefore give a much lower price and come top of the listing.

 

 

The problem is that other insurers (such as Direct Line as in your example) don't offer a low cost low quality product (ignoring tesco simple that was introduced after they pulled out of the comparison game). These companies will feature on the list of insurers, but will hardly get any sales because their price is so much higher than the low quality products. Of course the comparison sites don't mind this at all, because although they are not getting much commission they can use that insurer in their adverts to attract more people onto their website. If a comparison site didn't have a single insurer you have heard of on it are you going to be less likely to go there? Chances are most people will answer yes.

 

 

So Direct Line a couple years ago made the (somewhat brave at the time, but I think correct) decision to pull out. They were getting nothing from it, and being used to drive profits of other companies that would be attracted onto a website that would take business away from them. Furthermore it actually damages the brand name of companies such as this because people who use that site will see their much higher price (often for a much better product) and just think "oh, they are expensive, I won't try them again".

 

 

Norwich Union has recently followed this trend (a good decision for them as they also offer a higher quality than average product), by pulling NU Direct. However the ironic thing is that many high street non-insurance names (Barclays, Asda, Post Office, AA, Marks and Spencers) are either underwritten by a big insurer or are on a panel of insurers. So even though NU are no longer 'on' the comparison sites, there is still a chance (at the moment) that you can get an NU underwritten policy.

 

 

 

Of course this doesn't make comparison sites evil, they are just doing what all the other big companies out there are doing. If you know what you are looking for then they can be a fantastic way of getting a very good price for the insurance you require. Both my car and household insurance were purchased through comparison sites, and I would always suggest that people take the time to go to one or two to get an idea of a price range. However be warned that the lowest policy is not always the best policy for you - so be careful in what you sign up for!

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Comparison sites (gocompare, confused, moneysupermarket etc) are meant for the general masses. Remember that like every other company out there they are after making the easiest profit they can. Their business model is to try to sell to as many people as possible in an easy way - so they target the mainstream, and they use the internet.

 

 

The other model they have is to be as cheap as possible. On average the site will get £40 for every policy you sell through their website, and so because of this they are really only aiming to do 2 things - get as cheap a quote as possible to beat their competitors, and to get as many people as possible using their site.

 

 

Because most people are price sensitive (that is they are looking for a low cost, rather than a strong product) then the comparison sites are also price sensitive, because remember they want to sell to as many people as possible so they target the largest market group. Now it may surprise many people here to think of insurance as a 'product' and thus things like quality be mentioned, but anyone who has had a particular bad or good experience dealing with a claim, or found out that something they thought was covered is not covered then they will know exactly what I am talking about.

 

 

In order to be as low priced as possible comparison sites will rip their product to shreds (high excess, very little covered etc) in order to get dead low prices. Because they know people don't know much about what they are buying they know that it'll be a case of too little too late for many people that don't realise what they are getting. The insurance policies will therefore give a much lower price and come top of the listing.

 

 

The problem is that other insurers (such as Direct Line as in your example) don't offer a low cost low quality product (ignoring tesco simple that was introduced after they pulled out of the comparison game). These companies will feature on the list of insurers, but will hardly get any sales because their price is so much higher than the low quality products. Of course the comparison sites don't mind this at all, because although they are not getting much commission they can use that insurer in their adverts to attract more people onto their website. If a comparison site didn't have a single insurer you have heard of on it are you going to be less likely to go there? Chances are most people will answer yes.

 

 

So Direct Line a couple years ago made the (somewhat brave at the time, but I think correct) decision to pull out. They were getting nothing from it, and being used to drive profits of other companies that would be attracted onto a website that would take business away from them. Furthermore it actually damages the brand name of companies such as this because people who use that site will see their much higher price (often for a much better product) and just think "oh, they are expensive, I won't try them again".

 

 

Norwich Union has recently followed this trend (a good decision for them as they also offer a higher quality than average product), by pulling NU Direct. However the ironic thing is that many high street non-insurance names (Barclays, Asda, Post Office, AA, Marks and Spencers) are either underwritten by a big insurer or are on a panel of insurers. So even though NU are no longer 'on' the comparison sites, there is still a chance (at the moment) that you can get an NU underwritten policy.

 

 

 

Of course this doesn't make comparison sites evil, they are just doing what all the other big companies out there are doing. If you know what you are looking for then they can be a fantastic way of getting a very good price for the insurance you require. Both my car and household insurance were purchased through comparison sites, and I would always suggest that people take the time to go to one or two to get an idea of a price range. However be warned that the lowest policy is not always the best policy for you - so be careful in what you sign up for!

 

An excellent post Wulfyn. Very informative and confirms what I have long suspected. Tipped your scales mate :-)

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My policy on these things:

 

1: Allow half a day for the following, and a good supply of tea, biccies etc.

2: Write down what it is you need and how much you are prepared to pay.

3: Phone each broker / insurer direct for quotes (use saynoto0870 to get landline / freephone numbers).

4: Whittle your list down to three and ask for specimen policies and written quotations.

 

Don't forget that comparison sites do not ask all the questions taht all insurers want to know. In such a case, the premium can vary (and I have found taht some T&Cs on comparison sites are outdated).

 

Time consuming I know, but it is the best way of guaranteeing you are getting what you want.

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