Jump to content


  • Tweets

  • Posts

    • 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.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Car Insurance on Private Property


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4702 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Yes you do!

 

Without going into legal specifics, the general rule of thumb is you need Road Traffic Act cover (Similar to Third Party Only) if the area where you're driving is accessible to other members of the public.

 

So a private farm that has a long access road used by the postman in his van having to deliver the mail, then you would need to ensure that your vehicle is insured if it used here.

 

The large privately owned car behind the factory, that has an access route to a unit at the back, then you would need to ensure that your vehicle is insured if it used here.

 

There are always exceptions, but...

Link to post
Share on other sites

A vehicle used on a road or public place is required to be covered by insurance, section 143 RTA 1988. If it is private and neither a road (within the meaning of the act - which generally means a public road) or public place, s. 143 doesn't apply.

Edited by Raykay
Link to post
Share on other sites

i think also that if it is a gated, you do not need it .

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

just becareful on this gated bit.

it's NOT the old wives tales of 'it must be closed one day per calender year' [that applies to some private roads], it must be a perm closed gate, only opened for access then closed again.

 

there is an old thread somewhere on it.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

The trouble is who would be stilly NOT to have insurance? Never mind the damage to other vehicles (Third Party) what about is someone decides to lob a hammer over a wall or a slate falls off a nearby roof? You could claim n your own policy, but not if there was no cover if force.

 

I have a vehicle that is SORNED, but I still have it covered for 'off road' in case the garage is broken into - no cover is not an option.

Link to post
Share on other sites

So a private farm that has a long access road used by the postman in his van having to deliver the mail, then you would need to ensure that your vehicle is insured if it used here.

 

This specific instance does not make the driveway a public place within the RTA.

 

Many farm vehicles are never, taxed or insured (think combines and tractors) and can be driven by anybody of any age. I was 12 when I started driving the Land Rover on the farm.

Link to post
Share on other sites

  • 1 year later...

I telephoned the DVLA to clear this up. A new law has just been passed through parliament that has not yet been activated. However, I was advised that persons should act on it anyway to avoid being caught out.

If your vehicle is on private property and taxed it must now also be insured. Previously you could have a taxed car on your property without it getting sorned.

 

Now, if it is taxed you must return the tax disc for refund and SORN your vehicle until you wish to re-insure it.

 

If it is not taxed or insured it has to be SORNED.

 

Hope this helps. Best wishes. Etta:-)

Link to post
Share on other sites

 

Now, if it is taxed you must return the tax disc for refund and SORN your vehicle until you wish to re-insure it.

 

If it is not taxed or insured it has to be SORNED.

 

Hope this helps. Best wishes. Etta:-)

 

..and there lies the first problem...

 

If you wish to surrender a tax disk it is only refunded in whole months. So lets say I have a car taxed and insured, but insurance runs out on the 10th of the month. I don't wish to re-insure it because it is off road and I don't intend driving it for another 4 or 5 weeks.. If I SORN it I will loose 20 days tax, (and have to wait upto 6 weeks for the DVLA to send my refund). But if I don't SORN it I have to pay for insurance that I don't need for a month or more. On an insurance policy of say £500 per year, that will cost me 40 odd quid for something I don't need.

 

There are all sorts of other complications with this law, that in essence, appears to be have been designed purely as another motorists stealth tax. Remember, when they introduced SORN, the ministers involved specifically stated it was designed to "catch repeat offenders and criminals" yet has mainly turned into an instant fine against "innocent" or forgetful people that had no intention of breaking the law but get caught anyway.

Link to post
Share on other sites

I fully agree. That is how I came to be on this forum, searching for that info. I am disabled. My car needs work done on it and is off the road for three weeks. I have had to go and re-insure it today simply for the pleasure of placing my car, on my own drive, with tax.

 

It's riduculous. I could have sent my tax disc in but it is such a rigmarole getting fresh disabled tax disc and do we think the DVLA have the tax department up too date. Bet you they haven't and I can see all sorts of problems with this.

 

I think the Insurance should have a clause that states if you inform them the car is off the road, and the periods of time it will be there, the insurance should revert to a private propery parking insurance and carry the relevant deduction in payments for that time. Would that happen? Never!!

 

I think it's 'clobber the motorist' year. Etta:-)

Link to post
Share on other sites

  • 2 months later...
I fully agree. That is how I came to be on this forum, searching for that info. I am disabled. My car needs work done on it and is off the road for three weeks. I have had to go and re-insure it today simply for the pleasure of placing my car, on my own drive, with tax.

 

It's riduculous. I could have sent my tax disc in but it is such a rigmarole getting fresh disabled tax disc and do we think the DVLA have the tax department up too date. Bet you they haven't and I can see all sorts of problems with this.

 

I think the Insurance should have a clause that states if you inform them the car is off the road, and the periods of time it will be there, the insurance should revert to a private propery parking insurance and carry the relevant deduction in payments for that time. Would that happen? Never!!

 

I think it's 'clobber the motorist' year. Etta:-)

 

I totally agree with you on that one as I have suffered from having to pay tax and insurance on THREE cars that I could not drive!:-x Car number one was hit (clipped) by an uninsured forty ton lorry. Once the spare wheel was fitted it was sort-of drive-able but the police slapped a Prohibition Notice on it so it had to be transported by lorry to my home address. As it was parked in the lane it had to be kept taxed and insured yet it was illegal to drive it until it was repaired! A spare car was got out of mothballs but the discs had rusted, did that, got it a fresh MOT and tax then two weeks later Saturday night vandals put a plank through the windscreen!:-x Fixed that but six months later the gearbox shredded - back into mothballs.:-( I then bought a Rover 820i, a twin-cam 16 valve jobbie with a TIMING BELT duh! I knew that I was risking it with no service history but winter was coming and the cold dark nights were drawing in. The plan was to leave the belt job until spring when the clocks went forward and the better weather came. Sadly the belt didn't last that long, it failed in Southsea 180 miles from home.:-( At this point I discovered that my "Full breakdown recovery" must have been an introductory offer that reverted to a tow of up to 20 miles at renewal. To get the car home would be £456 the RAC said! I left the car in Southsea and got home by bus and train. (now paying tax and insurance on TWO dead cars) As car number one, a Rover 800 turbo-diesel was taking a long time to repair it seemed to be a good idea to buy a 4x4 to round up all my eBay stuff and rescue the twin-cam. A Land Rover Discovery 300Tdi was bought, OK it had tax ready on it but I still had to insure it and the "No No Claims Bonus on the third car" rule applied! £s£s£s. The Disco lasted three whole days, first a universal joint played up at fifty miles but much more seriously it boiled-up once the Devon hills were reached and only just made it to North Cornwall. The head gasket has blown because the radiator was devoid of its cooling fins. At this point I was paying tax and insurance on THREE DEAD CARS! I've since repaired the Rover 800 turbo-diesel and its been doing the work that the 4x4 was bought for, so now I'm only wasting tax and insurance on two dead cars. It really is a disgusting money-grabbing system that the government has put in place - and don't forget that they get Insurance Premium Tax as well as road tax! I do think that there ought to be a vehicle-out-of-service insurance rate as being stung for insurance on non-runners just isn't fair:-x Oh by the way the Land Rover Discovery 300Tdi is infamous for boiling over and blowing head gaskets unless the radiator is new or as new. The excellent Land Rover agents at Whitstone said that lots of people replace cylinder heads and head gaskets but unless a NEW radiator is fitted the engine will blow again. Yup I'll agree with that!:roll: Look on the bright side - the government NEEDS the money!:|

Link to post
Share on other sites

I had a quick look at the link and the "uninsured driving" bit is the biggest load of bol@cks that I've read for quite some time. IT IS NOT ABOUT UNINSURED DRIVING AT ALL its about getting money in. When did you ever read of of a "joyrider" being fined for driving without insurance? Oh never? I did hear of a Plymouth joyrider who already had a three month suspended sentence when he went joyriding again. Allegedly he ran red lights and exceeded the speed limit whilst trying to evade the police (60 in a 30 limit not 32!) Of course with the roads in Plymouth being somewhat congested he was soon stuck in a traffic jam and he was then arrested. In court the beak said that the crime was "really serious" so he increased the villains three month suspended sentence to a six month suspended sentence! In effect the joyrider was let off and allegedly he was later seen laughing outside the court. Absolutely disgusting when decent people get the full force of the law (fines and points) for the slightest misdemeanour's such as parking or being a couple of miles an hour over the limit. The problem of course is that the system cannot put points on a non-existent driving licence and nor can it fine drug addicts who have spent their last brass farthing on drugs. Locking these people up costs money so the system makes do with giving out Police Cautions or Suspended Sentences neither of which cost anything. Duh!

Link to post
Share on other sites

the general rule is if members of the pubic have access to were you intend to park then yes

 

for example if the local landlord of the pub says you can leave it on his car park then yes because other members of the public use it. you can be prosecuted for drink driving private car parks

 

as for farms thats different. if he had a farm shop the farmer normally has a small car park. the rest of the farm is off limits so its ok to ride quad bikes uninsured cars etc

:???: what me. never heard of you never had a debt with you.
Link to post
Share on other sites

When did you ever read of of a "joyrider" being fined for driving without insurance? Oh never?

 

 

A 21-YEAR-OLD joyrider who took a double-decker bus on a terrifying journey around Amesbury, which ended up on YouTube, has been jailed for six months.

Sam David Hobson, of Lyndhurst Road, Amesbury, was sentenced at Salisbury Crown Court today for aggravated vehicle taking, driving while disqualified and driving without insurance and other than in accordance with a licence.

 

http://www.salisburyjournal.co.uk/news/8678155.Amesbury_bus_joyrider_jailed_for_six_months/

Link to post
Share on other sites

The problem of course is that the system cannot put points on a non-existent driving licence and nor can it fine drug addicts who have spent their last brass farthing on drugs.

 

Complete rubbish you can get points if you don't have a licence and can get banned without ever holding a licence and being a drug addict has nothing to do with the topic at all most drug addicts don't drive and rarely steal cars I think you have been reading the Daily Mail a bit too much!!

Link to post
Share on other sites

nothing happens to people who have no insurance.

 

tell this to the people who have had their cars seized and made to walk home with their fixed penalty notice of £200 and 6 points on their licence.

 

oh and if they have no licence they still get banned and penalty points. when they apply for their licence they do have points on and if they recieved a ban one will be issued until the ban has expired.

 

a drug addict has an addiction. treatment is the answer

:???: what me. never heard of you never had a debt with you.
Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...