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    • 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...  
    • The sign says "Parking conditions apply 24/7". Mind you, that's after a huge wall of text. The whole thing is massively confusing.  Goodness knows what you're meant to do if you spend only a fiver in Iceland or you stay a few minutes over the hour there.
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Insure and Go refusing to pay cancellation of trip after passports stolen. HELP!


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Hello,

 

I’m desperately seeking help regard a claim with my travel insurance. Here is my situation:

- Policy: Economy Light (attached) - Insure and Go is the insurance company

- Incident while abroad: Money and travel documents stolen from inside our hotel room in Lyon, France, on the 1st night of the trip (22nd December 2017). Unfortunately they were not in the hotel safe.

- Travel plans: The trip was originally organized in 2 parts:

o 1 week in France: starting in Lyon (where the theft happened) and going to the south of France (Nice, Marseille and Perpignan)

o 1 week in Morocco: Departure from Perpignan to Marrakesh and flying from Marrakesh back to London Luton.

- Consequences of the incident: Cancellation of hotels in south of France (as we had to go to Paris instead in order to sort new passports) and complete cancellation of the Morocco trip as we couldn’t get passports in time. Extra accommodation and tickets to get home to the UK from Paris (1 week earlier as we missed the holidays in Morocco).

- Claims I made:

o Section I3: Passport and Travel documents: Seeking for payment to replace the documents (£100 each)

o Section I2 - Personal money: Seeking for payment of the U$450 stolen

o Section J - Cancelling and cutting short your holiday: Seeking for compensation of having cut my trip short because of the passports being stolen

- Response from the Insurance:

o Section I3: Passport and Travel documents: They agreed to pay but under this section it’s saying it includes all the extra expenses incurred in order to replace the passports (£100 doesn’t even cover the costs of the new passports, let alone all the extra expenses!!)

o Section I2 - Personal money: They are saying there is an exclusion for this: (4. Cash or passports that you do not carry with you on your person (unless they are held in a locked safety deposit box).)"- so I guess I won’t be able to get this money back. :(

o Section J - Cancelling and cutting short your holiday: They are saying that passports being stolen is not in policy as a reason to cut the trip short (which for me is more than absurd as without a passport you cannot travel!). But I don’t see it in the exclusions. They are saying that only these reasons are covered: "Travel and accommodation expenses that you have paid or have agreed to pay under a contract and which you cannot get back, including any local prepaid excursions, tours or activities, if it is necessary and you cannot avoid cancelling or cutting short your trip; and reasonable extra travel costs if it is necessary and you cannot avoid cutting short your trip." I really feel that passports being stolen affect the trip and in my case made me miss flights and my trip and accommodation in Morocco.

- Costs incurred: Amongst hotels we missed, extra accommodation in Paris, flights missed and extra ticket to get back to the UK we spent over 2,000 euros!

 

Is there anything I can do to get any compensation under Section J (or any other section that apply better to my situation)??? I’m considering to raise this with the Travel Ombudsman, but not sure how to approach.

 

Please help.. this has ruined my Christmas and my 2 weeks holidays and I’m trying to get a sensible response from the Insurance, but so far I only got “rejections” of my claims.

 

I would greatly appreciate any help or suggestions you can give me!

Travel Insurance Policy.pdf

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you will initially have to ask them to revisit the section J bit and ask them exactly why your claim does not fulfil this criteria and show you where exactly in the terms it states that stolen passports are excluded as a reason for a claim for curtailment.

 

Basiclaly they are trying to tell you that they have alist of thisngs they pay out on rather than a list of exclusions. that is something that courts and the insurance ombudsman has pulled insurers up on many times before so they know that they are on thin ice with thsi but want you to do all of the work in the hope you may just give up in despair.

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The Passport section only covers £100 for all the below, which is just ridiculous to assume that £100 would cover for anything but the document replacement itself:

 

We will pay for the following:

Up to the amount shown in the table of benefits on pages 5 and 6 for:

1. If your passport is lost or stolen during a trip (as long as this is outside the country you departed from), we will pay:

i) Reasonable travel and accommodation expenses necessarily incurred outside your home area to obtain a replacement of your lost or stolen passport or visa which has been lost or stolen outside your home area;

ii) Reasonable additional public transport costs if you are unable to make your pre booked return flight home following the loss or theft of your passport within 48 hours of your pre booked return flight home; and

iii) Any fees payable specifically for you to obtain the replacement passport itself while you are outside your home area.

 

2. The pro rata value of the original passport at the time of loss; and

 

3. The replacement costs of any of the following items:

 Travel tickets

 Green Cards

 Visas

 Prepaid accommodation vouchers

 Prepaid car-hire vouchers

 Prepaid excursion vouchers that you lose or that are stolen or damaged during your trip

 

The total amount payable under this section for a claim relating to any or all of the items listed above is limited to the amount shown under the maximum sum insured for section I3 in the table of benefits (£100 for each person covered).

 

It does sound unbelievable that they want to include all the costs within the section that covers the bear minimum amount they pay.... of course that someone that had to incurr extra expenses will spend at least 10 times more than what they are paying...

 

Not sure if there is any way to argue this though..... any ideias?

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Sorry to say this, but you seem to have bought the wrong type of Travel Insurance. Most people think that Travel Insurances are mostly the same. This is not true.

 

A basic Travel policy is onlly really suited to covering say a 2 week holiday to one destination in Spain. Where you are travelling to more than one place, you really need a policy to cover a more complicated trip, which covers the issues mentioned. More expensive policies which offer more cover for independent travellers are designed to cover people who leave the UK, to go to one destination, then other destinations followed by a return to the UK.

 

If you are travelling like this again, then do more research. Brokers like PJ Hayman offer a wide variety of policy options. Tell them details of the trip and what you want covered and you should then obtain a more appropriate policy.

 

In regard to your claim, the Insurers will simply look at what you are tryng to claim for and then apply this against the section of the policy. If you are reading/interpreting the policy differently, then put a complaint in writing

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Thank you all for your comments.

 

It seems that I don't have a lot to go on,

 

I will still complain as I feel that not having passports is a very obvious reason why someone would have to cancel trips.

 

Lesson learned for next time

- have a better,

more robust insurance.

 

Thank you all again for your thoughts.

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