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    • Hi. Could you post up what they've sent please so we can see what the charge is? Cover up your name and address and their reference number. HB
    • I've looked through all our old NPE threads, and as far as we know they have never had the bottle to do court. There are no guarantees of course, but when it comes to put or shut up they definitely tend towards shut up. How about something like -   Dear Jonathan and Julie, Re: PCN no.XXXXX cheers for your Letter Before Claim.  I rolled around on the floor in laughter at the idea that you actually expected me to take this tripe seriously and cough up. I'll write to you not some uninterested third party, thanks all the same, because you have are the ones trying to threaten me about this non-existent "debt". Go and look up Jopson v Homeguard Services Ltd, saddos.  Oh, while you're at it, go and look up your Subject Access Request obligations - we all know how you ballsed that up way back in January to March. Dear, dear, dear - you couldn't resist adding your £70 Unicorn Food Tax, you greedy gets.  Judges don't like these made-up charges, do they? You can either drop this foolishness now or get a hell of a hammering in court.  Both are fine with me.  Summer is coming up and I would love a holiday at your expense after claiming an unreasonable costs order under CPR 27.14(2)(g). I look forward to your deafening silence.   That should show them you're not afraid of them and draw their attention to their having legal problems of their own with the SAR.  If they have any sense they'll crawl back under their stone and leave you in peace.  Over the next couple of days invest in a 2nd class stamp (all they are worth) and get a free Certificate of Posting from the post office.
    • Yes that looks fine. It is to the point. I think somewhere in the that the you might want to point out that your parcel had been delivered but clearly had been opened and resealed and the contents had been stolen
    • Hi All, I just got in from work and received a letter dated 24 April 2024. "We've sent you a Single Justice Procedure notice because you have been charged with an offence, on the Transport for London Network." "You need to tell us whether you are guilty or not guilty. This is called making your plea."
    • Okay please go through the disclosure very carefully. I suggest that you use the technique broadly in line with the advice we give on preparing your court bundle. You want to know what is there – but also very importantly you want to know what is not there. For instance, the email that they said they sent you before responding to the SAR – did you see that? Is there any trace of of the phone call that you made to the woman who didn't know anything about SAR's? On what basis was the £50 sent to you? Was it unilateral or did they offer it and you accepted it on some condition? When did they send you this £50 cheque? Have you banked it? Also, I think that we need to start understanding what you have lost here. Have you lost any money – and if so how much? Send the SAR to your bank as advised above
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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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3rd party claim, but no evidence of accident!


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OK, I added another vehicle to my current Fully Comp insurance for 1 month only. A sort of try then buy arrangement.

 

A mate borrowed the car whom I was assured had policy to drive any vehicle.

 

Anyway I had a call today from my insurance company advising of a 3rd party incident, I knew nothing of this so called up my mate and was told:

 

Another driver was acting stupid on the inside lane of dual carriageway, may have clipped a kerb and swerved towards my car. My mate then automatically swerved away and there was no impact however the 3rd party then re-swerved back towards the kerb naturally and hit a post.

 

My friend saw this in the mirror and returned to the scene but by this time the other driver had gone. As there was no impact and no damage he thought no more of it.

 

It now turns out my mate has no licence!!!!! I did not know this.

 

Dilemma is this - there were no witnesses, no damage to my car, no police called, no exchange of policy details as 3rd party driver had gone.

 

Does the 3rd party have a valid claim stating that my car hit his and caused him to swerve into the post? I dont know what damage was caused and if this 3rd party has insurance themselves. My mate states they did not hit and there is no damage to my car - hence he forgot all about it.

 

Do I come clean with my insurance company and tell them the driver was unlicenced therefore uninsured hence possibly getting my mate into trouble. Am I in trouble for lending the car to a mate and will I get done for fraud.

 

Final option as there were no witnesses, no police, no damage to my car, no exchange of policy details - do I just deny the car even being there?

 

Thank you for your help.

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  • 3 weeks later...

Well if the third party makes a claim they need to prove that there was an accident and that it was caused by the negligence of friend.

 

As regards to whether the other party is insured or not, that does not matter. It is a separate issue and nothing to do with liability.

 

As regards your policy, you are contractually bound to notify them of any incident that may give rise to a claim even if you are not claiming yourself.

 

As to your "friend", my last thought would be what trouble he might get into. He used your car on false pretenses and put himself, as well as you, at risk.

 

I would inform your insurer of all the details you know of, including those of your friend. They may be able to put liability on him. Frankly, I would let them.

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