Jump to content


  • Tweets

  • Posts

    • 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.
    • Women-only co-working spaces are part of the new hybrid working landscape, but they divide opinion.View the full article
    • The music streaming service reports record profits of over €1bn (£860m) after laying off 1500 staff.View the full article
    • deed?  you mean consent order you and her signed? concluding the case as long as you nor she break it's conditions signed upto? dx  
  • 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

ccj due to insurance company not paying the other party?


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4596 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

Hi, hope someone can help, to cut a long story short, jan 10 i had an accident in the very icy conditions unusual for our area and most of the country were facing abnormal weather, someone pulled out of a side road into my path as i tried to break my car started to skid, there was a car parked almost directly on the corner or where the other car pulled out and i collided into it writing my car off ( i was not going fast hence the ice and no one was hurt in anyway) and smashing the back light and damaged the other car's bumper. As there was no one in the parked car i had to knock around the doors on the street to find out who's car this was! i found the lady who could'nt be any nicer about it at the time lol! we swapped details and as soon as i got home say 20mins after the accident i phoned my insurance to let them know what had happened and gave them her details and insurance details ect: i thought that would be it after i had received my payout for my car and all was well as i got it fixed i just assumed that was the matter delt with, june 11 i received a court letter with reports to say that a judgement had b e made in the favor of the other party and that i needed to pay nearly 2000 to her minus the 2500 she had got already from my insurance, the report stated her car was damaged to the value of 756.98?? why do i need to pay her all this money??? i have been back to my insurance and they assured me i would not get a ccj? i gave them all rellivant paper work. Sept 11, i have a credit card took off me??????? wondering why this would happen as i don't owe the card any money i got myself a credit report off experian and low and behold there is a ccj on my file all due to this accident?. What can i do now? i am gob smacked that this is allowed as i thought this was the point of being insured and i even paid extra for legal cover on my fully comp policy? any suggestions on what i can do?? any help greatly apprectiated. gina

Edited by gina19
Link to post
Share on other sites

If you have passed on all details to the Insurers to deal with and have not kept anything from them i.e. court claim papers, then there is no reason for the CCJ to have been awarded against you. Your Insurers would normally have entered into discussion with the third party Insurers to resolve their claim, to pay them the relevant amount, so the court claim could be discontinued. It sound like someone has just sat on the paperwork from the court or the court claim was not sent to the correct address. The court claim is normally sent to the policyholders address and the policyholders then sends it on to their Insurers. The Insurers then deal with it, so no court case. Normally for claims below £5k the Insurers just settle the third party claim, so they don't incur further costs.

 

Find out why you did not receive the court claim papers. Contact court that issued the CCJ, to ask for copies of court claim papers. Apply for a set aside on the basis of not receiving the claim and that you have Insurers that should have been dealing with it. If you speak to the court staff that deal with these issues on a daily basis, they can be very helpful. They will explain the CCJ set aside process. At the end of the process, hopefully the set aside will get rid of the CCJ, your Insurers will settle the third parties claim and you will have rectified the situation.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

Hi thanks for that information i did receive court information but there was no date to turn up just a form to fill in for my income outgoing ect of which i took in person straight to my insurance brokers as i was worried about it as I've never dealt with any thing like this before, i also remember getting the papers allot later than the date stamp that was on the papers also think things may have been complicated as the other party also went to a solicitor instead of letting the insurance companies sort it out? Yesterday i telephoned my insurance company and it is still unclear why this has happened as they say they settled the amount she was asking. They say they have sent an email to the courts asking them to update their files to show the ccj is satisfied, but i told them that is not good enough for me as i don't believe it should be on my file for all to see as the situation of them not paying out because they felt she was asking to much was beyond my control. The insurance say they will reimburse me the 14.99 i paid for a credit report which is nice enough i so pose but if them or the other side moved quicker its apparent this would not of happened from what i can gather. A check for 15.00 arrived early this morning so it goes to show they can move when needed lol, i am going to ring them shortly to find out what they intend to do about this ccj many thank for you help. Gina

Link to post
Share on other sites

who was the claimant who issued the claim

 

it was not M.I.B was it

 

the only way to remove the ccj wouls be via a n244 application to set aside the judgement

 

I agree. You need to look into getting the CCJ totally removed from your record i.e. a set aside. If you don't, the next time you apply for anything credit related, this could seriously affect you. Don't delay, as the court require any CCJ set aside to take place within reasonable time. If you leave it beyond say 6 months, you might not get it off your record, although a satisfied CCJ does automatically get removed after 6 years. A CCJ on your record, even if satisfied could mean getting turned down for loans/mortgages, even mobile phone contracts etc. If you did get offered loans/mortgages, these could be at high interest rate levels. So even if it costs you say £75 for a set aside, it will be worth it. No doubt you can reclaim these costs from whoever is responsible for this mess.

 

http://www.trustonline.org.uk/understand-judgments-fines/set-aside-a-judgment/

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...