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    • a 'witness' to it not arriving till the 15th is sadly immaterial too. regardless to the above anyway, the PCN remains valid. 
    • 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...  
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House insurance when owner has died


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I'm the executor of a will and the estate includes a property. The relative has died just before the insurance is due to be renewed and I'm having problems finding cover. I'm being told that I can insure it as a second home once probate has been granted but until then I can't. I'm guessing that because I'm not the owner yet I have no insurable interest in their eyes.

 

I can't be alone in this situation. Is it really impossible to insure a property throughout the process of probate?

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The existing Insurers will normally continue the cover. They just need a copy of the death certificate, legal document to confirm role as executor and alternative payment details.

 

If not, brokers like Home Protect have a product for this type of situation. Also Solicitors have access to Insurers who offer this type of cover.

We could do with some help from you.

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Thanks UB. This should be simple enough and probate shouldn't take long so I was hoping to get away without involving solicitors. I don't mind paying them - I do mind them dragging the process out for no good reason which has been my experience in the past.

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I agree with Uncle Bulgaria, hightail, it shouldn't be too hard.

 

When my mother died, Swinton carried on the house insurance with no problem. I don't remember providing much information at all.

 

I only went to Home Protect on UB's advice when Swinton couldn't continue cover because the house had been empty for a while. They were very easy to deal with and I don't think they wanted any information from me.

 

HB

Illegitimi non carborundum

 

 

 

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I had a relative that died with a property in another country - the insurers in that country (that my relative had) wanted more money for very little cover. I was able to get a UK company to insure the property for much less and with good cover. As it took quite a while to settle the estate, upon renewal I got a different company for even less cost as I was not in so much of a hurry to find insurance. So there are companies out there that will do this sort of thing. I didn't need a solicitor to sort out the insurance and I wasn't even one of the executors!

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This should be simple enough and probate shouldn't take long so I was hoping to get away without involving solicitors.

 

If you haven't had to do probate before, it is a fairly easy process as long as the finances are relatively simple and the estate falls under the Inheritance Tax threshold. Best to get the paperwork in sharpish before the fees go up in May.

 

https://www.thegazette.co.uk/wills-and-probate/content/100543

  • £300 for estates worth more than £50,000 and up to £300,000
  • £1,000 for estates worth more than £300,000 and up to £500,000
  • £4,000 for estates worth more than £500,000 and up to £1 million
  • £8,000 for estates worth more than £1m and up to £1.6 million
  • £12,000 for estates worth more than £1.6m and up to £2 million
  • £20,000 for estates worth more than £2 million

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If and when you get the cover in place, please make sure you don’t fall foul of any “uninhabited” policy conditions e.g. weekly visits, keeping the property & garden tidy or turning the water off/draining the system down.

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Thanks all. Home Protect have been very helpful.

 

If you haven't had to do probate before, it is a fairly easy process

I have - twice myself and once using solicitors which is why I'm aware of the difference in just how simple it can be if you don't have a vested interest in making it look complicated :)

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You are acting for the deceased for the benefit of all Beneficiaries.

You don't have to pay the Ins Premium etc yourself, just deduct costs from Estate valuation.

Ii property was bequeathed to an individual, transfer it as soon as Probate granted, or ask an EAt for a Probate valuation.

Dispose of it asap. The Insurer may well apply 'empty property' conditions after ~3 months.

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I am a main beneficiary as well as executor. Half the house is left to me. Once I've got probate sorted I can insure it as a second home without problem while I decide on how to proceed.

 

You currently have an insurable interest in the property even without probate, so you could get a policy set up now. I was in a similar situation myself a couple of years ago, and managed to get a standard home cover policy from L&G without too much trouble.

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I was in a similar situation myself a couple of years ago, and managed to get a standard home cover policy from L&G without too much trouble.

That's interesting, thank you. I knew I couldn't be the only person this had happened to.

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