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    • One other point to note, the more I read, the more I study, the more proficient I feel I am becoming in this area. Make no mistake DBCL if you are reading this, when I win in court, if I have the grounds to make any claims against you, such as breach of GDPR, I shall be doing so.
    • Yep, I read that and thought about trying to find out what the consideration and grace period is at Riverside but not sure I can. I know they say "You must tell us the specific consideration/grace period at a site if our compliance team or our agents ask what it is"  but I doubt they would disclose it to the public, maybe I should have asked in my CPR 31.14 letter? Yes, I think I can get rid of 5 minutes. I am also going to include a point about BPA CoP: 13.2 The reference to a consideration period in 13.1 shall not apply where a parking event takes place. I think that is Deception .... They giveth with one hand and taketh away with the other!
    • Six months of conflict have also taken a heavy economic toll.View the full article
    • the Town and Country [advertisments ] Regulations 2007 are not easy to understand. Most Council planing officials don't so it's good that you found one who knows. Although he may not have been right if the rogues have not been "controlling" in the car park for that long. The time only starts when the ANPR signs go up, not how long the area has been used as a car park.   Sadly I have checked Highview out and they have been there since at least 2014 . I have looked at the BPA Code of Practice version 8 which covers 2023 and that states Re Consideration and Grace Periods 13.3 Where a parking location is one where a limited period of parking is permitted, or where drivers contract to park for a defined period and pay for that service in advance (Pay & Display), this would be considered as a parking event and a Grace Period of at least 10 minutes must be added to the end of a parking event before you issue a PCN. It then goes on to explain a bit more further down 13.5 You must tell us the specific consideration/grace period at a site if our compliance team or our agents ask what it is. 13.6 Neither a consideration period or a grace period are periods of free parking and there is no requirement for you to offer an additional allowance on top of a consideration or grace period. _________________________________________________________________________________________________________________So you have  now only overstayed 5 minutes maximum since BPA quote a minimum of 10 minutes. And it may be that the Riverside does have a longer period perhaps because of the size of the car park? So it becomes even more incumbent on you to remember where the extra 5 minutes could be.  Were you travelling as a family with children or a disabled person where getting them in and out of the car would take longer. Was there difficulty finding a space, or having to queue to get out of the car park . Or anything else that could account for another 5 minutes  without having to claim the difference between the ANPR times and the actual times.
    • Regarding a driver, that HAS paid for parking but input an incorrect Vehicle Registration Number.   This is an easy mistake to make, especially if a driver has access to more than one vehicle. First of all, upon receiving an NTK/PCN it is important to check that the Notice fully complies with PoFA 2012 Schedule 4 before deciding how to respond of course. The general advice is NOT to appeal to the Private Parking Company as, for example, you may identify yourself as driver and in certain circumstances that could harm your defence at a later stage. However, after following a recent thread on this subject, I have come to the conclusion that, in the case of inputting an incorrect Vehicle Registration Number, which is covered by “de minimis” it may actually HARM your defence at a later stage if you have not appealed to the PPC at the first appeal stage and explained that you DID pay for parking and CAN provide proof of parking, it was just that an incorrect VRN was input in error. Now, we all know that the BPA Code of Practice are guidelines from one bunch of charlatans for another bunch of charlatans to follow, but my thoughts are that there could be problems in court if a judge decides that a motorist has not followed these guidelines and has not made an appeal at the first appeal stage, therefore attempting to resolve the situation before it reaches court. From BPA Code of Practice: Section 17:  Keying Errors B) Major Keying Errors Examples of a major keying error could include: • Motorist entered their spouse’s car registration • Motorist entered something completely unrelated to their registration • Motorist made multiple keying errors (beyond one character being entered incorrectly) • Motorist has only entered a small part of their VRM, for example the first three digits In these instances we would expect that such errors are dealt with appropriately at the first appeal stage, especially if it can be proven that the motorist has paid for the parking event or that the motorist attempted to enter their VRM or were a legitimate user of the car park (eg a hospital patient or a patron of a restaurant). It is appreciated that in issuing a PCN in these instances, the operator will have incurred charges including but not limited to the DVLA fee and other processing costs therefore we believe that it is reasonable to seek to recover some of these costs by making a modest charge to the motorist of no more than £20 for a 14-day period from when the keying error was identified before reverting to the charge amount at the point of appeal. Now, we know that the "modest charge" is unenforceable in law, however, it would be up to the individual if they wanted to pay and make the problem go away or in fact if they wanted to contest the issue in court. If the motorist DOES appeal to the PPC explaining the error and the PPC rejects the appeal and the appeal fails, the motorist can use that in his favour at court.   Defence: "I entered the wrong VRN by mistake Judge, I explained this and I also submitted proof of payment for the relevant parking period in my appeal but the PPC wouldn't accept that"   If the motorist DOES NOT appeal to the PPC in the first instance the judge may well use that as a reason to dismiss the case in the claimant's favour because they may decide that they had the opportunity to resolve the matter at a much earlier stage in the proceedings. It is my humble opinion that a motorist, having paid and having proof of payment but entering the wrong VRN, should make an appeal at the first appeal stage in order to prevent problems at a later stage. In this instance, I think there is nothing to be gained by concealing the identity of the driver, especially if at a later stage, perhaps in court, it is said: “I (the driver) entered the wrong VRN.” Whether you agree or not, it is up to the individual to decide …. but worth thinking about. Any feedback, especially if you can prove to the contrary, gratefully received.
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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.

      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.

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      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
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In May of this year, I had a minor bump. I was in Tescos fuel station and reversed into another car that was behind me. The car in question was a MG sports car. I checked my rear view mirror, saw nothing so started to reverse. I hadnt moved more than 1 ft when I felt the collision. I honestly hadnt seen this car behind me, it was that low to the ground. There was no damage at all to my car, not even a scratch, but the other parties car was slightly damaged in that it had a bent front bumper and the indicator lens was smashed.

I admitted liability straight away and passed my details onto my insurance. No problem. Back end of May, i recieved a letter from the other parties insurance stating that I owed him £777 + Vat etc, for car hire!! And unless this was paid withing 14 days, I would be taken to County Court to claim the money owed!.

I contacted my Inusrance (Swiftcover) and they said not to worry, forget about it can you pass the letter on to us, which I duly did.

Yesterday, I recieved a County Court summons for the amount, plus an extra £150 for expenses etc!!

 

Is this normal ? I will be sending these forms to Swiftcover, but I feel that my insurance should be dealing with this, not me! And that I shouldnt be recieving any correspondance at all. After all, Its what I pay fully comprehensive for! IMO, this is not acceptable. What I dont want, is for 14 days to lapse and then to recieve another letter informing me that I now owe £900+

 

I think myself, that £700 car hire is a bit exsessive and can see why my insurance are questioning this and it looks like his insurance are not happy with my insurance, so they have gone direct to me to try and scare me into paying. Just exactly where do I stand with this ?

 

Help as this has me worried to death! I didnt sleep last night thinking I was going to be getting a bill for £900, which I dont have !!:-(

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Suggest that you send it onto Swiftcover urgently by recorded delivery, with a covering letter asking them to deal with it as a matter of urgency and to reply to you in writing stating what actions they will be taking.

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If you have a court date, do not ignore and attend if Swift have not confirmed they will be dealing with it; defend it and take all correspondence with you.

Email them as well amd keep doing so untill you get a response.

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I would guess that at least part of the problem here lies with your insurance company. If they're not dealing with the other party as quickly as they would like or are querying the hire charges for example, the other party might feel they have no choice but to issue proceedings and, since you are the liable party, the proceedings have to be issued in your name.

As has already been advised, contact your insurers urgently and keep on top of them to make sure they are dealing with this properly. Ultimately, if they can't agree then it may go to court and you may be required to attend.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Thanks for the speedy replies and apologies about posting this in the wrong section:oops:

 

There is no court date on the forms that came through the post that I can see, its seems it a claim form via the courts ?Only date on it I can see is the 13th of July, the issue date and forms asking me my personal details and how much I earn monthly.

Attending court would be out of the question as I live too far away, plus work would not allow me the time off to attend

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Contact your insurers first thing tomorrow. When you send the papers to them, keep a copy for yourself.

 

If a defence is issued then the claim will be transferred to your local court.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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i guess reasonable costs for car hire...

my question ould be what car did he hire, and which garage did he go to that cudnt do the work for weeks!! a standard car you could rent for £150 pw so he is saying for a standard saloon he had a rental for 5weeks.

 

he should only be renting a small call imo cos in an MG sports he only gets 2 seats, so a ca hire is almost an upgrade as it gives 5 seats! lol upgrades arent covered lol!

 

cheeky man!

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Spoke to the insurance today and they have said just send all paperwork to them and in the meantime, they will contact the third parties insurance and say that all future dealing should be dealt directly with them and not me.

 

Also found out that he is claiming almost £1600 worth of damge to his car as well ? And due to this his car was written off. Cannot understand this, my car bumber is plastic and not a sctatch on it. His damage at the time, was a dent in his bumper and broken indicator lens, his headlamps were fine as was his radiator, in fact, he went on to fill his car up and I watched him drive it away !

 

Be interesting to see the photos he has submitted for the damage as I reckon there is something going on here and he is trying to pull a fast one, using his insurance

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Update:

All paperwork recieved from the 3rd party and his insurance have been passed onto my Insurance, Swiftcover, who are acting on my behalf ( which they should tbh) and up to now, have been nothing short of brilliant. Thier manner when dealing with me and this have been nothing short of 100% proffesional.

 

Top marks up to now for them

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