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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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Norwich union playing funny?


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Hi there im looking for a bit of advice but Im new to the forum so, please, be gentle :)

 

I am insured via norwich union however my policy expirse on the 28th march 2009.

 

In december 2008 one of the named driver on my car insurance policy was involved in a 'bump'. I wasnt present when it happened but the circumstances surrounding it were;

 

He was driving on a duel carrigeway inside lane round a bend, car broken down in the inside lane so he slows down to wait for the cars on the outside lane to pass. One of these cars slows down to let my car out however 3rd car going to fast doesnt brake and ploughs into the back of the second car which in turn forces the into my car (my car still in the inside lane having not moved).

 

Anyway, no injuries, police werent called (I wasnt happy with that), details exchanged and everyone went on their way (the car that crashed into the back of car 2 was undrivable).

 

So i inform insurance right away, they take my car away give me a courtesy car while mine is repaired. I get a letter on the 30th december stating that my insurance company 'hold the 3rd party fully liable'.

 

My car is repaired on at the end of january however Im told I have to pay £350.00 excess. Im basically told I have no choice in the matter so i pay it being assured that Ill get it back.

 

I spoke to Norwich Union today again who state that the 3rd partystill has not admitted liability and have until the 3rd week in march to do so or the file will be sent to norwich union solicitors.

 

Ok, lol, my questions are:

 

1. Should I have paid the excess even though my insurance company have said im not liable?

2. Is this a normal time scale when the other party doesnt admit liabillity?

3. Is it possible that norwich union are 'holding off' until after my renewal as basically they have me by the 'short and curlies'?

4. If the other party finally accepts liability - will i still lose my 2 years no claims bonus?

5. Ive made a complaint already and today recieved a response of:

"I can confirm that your claim has been poorly handled and i can only apologise for this...we will re allow the bonus on your claim while we await a descision on liabillity to ensure your renewal is not affected" - does this mean that for the moment via NU my no claims is unaffected or can i go anywhere with my no claims just now?

6. Should i refer this complaint to the chief executive officer of NU and the financial ombudsmen or is this a waste of time? have i any reason to do so? this is the first claim from any insurance ive had to make

 

thanks to anyone reading this. Im just very frustrated that I am out £350.00 which id rather get back asap.

 

thanks, replies would be appreciated

K:)

Edited by k1984
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Thats a lot of questions! lol! i'll try answer them as best i can.

 

1) yes, you pay your XS to your insurer and they in turn fix your car. They will then go about claiming your XS back from the other insurer (see point

 

2) From memory, an insurer has to give the third party insurer 6 months in which to respond to a letter regarding liablity.

 

3) No, i doubt they would do that, its more likely due to above.

 

4)No, as long as your insurers make a full recovery from the third party then your No Claims Bonus will remain intact. (Although may be reduced at renewal as claim is still ongoing but will be back-dated once liablity established)

 

5) Yes, I'd agree that NU have agreed to honour your NCB at renewal (see above). As to whether that just applies to them or whether you can use it elsewhere or not, you'd really have to speak to them to ask. It sounds like its just a goodwill gesture so may only apply if you renew with them as technically they "could" still not get a recovery from the other insurer. either way it cant hurt to ask.

 

6) No, i wouldn't bother taking it to that stage yet. NU have already dealt with the complaint and have offered you a gesture of goodwill by allowing your bonus at renewal, everything else is just a case of following guidelines. I cant see any reason why you wont get your XS back, its just a case of sitting tight for the moment and letting things sort themselves out.

Calling NU occasionally and giving them a nudge to get a wriggle on wont hurt though! :p

 

Hope this helps

 

 

D.A

Edited by Darkangelsdelite
shocking spelling! D'oh!

If you find the advice I give is useful, then please feel free to click the scales :)

 

"It is better to keep your mouth closed and let people think you are a fool than to open it and remove all doubt" :)

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