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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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    • 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.

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BVS and sheliahs wheels flood claim.


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The story so far-

Discovered we had a leak as could hear water moving through the stopcock in kitchen,

rang insurance who informed me we were insured for the water damage but not for locating and fixing the leak.

 

I discovered a leaking pipe under the concrete floor slab in the kitchen,

i had to get up some tiles,

take out kitchen units and dig up a section of floor to access pipes and temp fix it.

 

We the noticed the walls behind the units were very damp and mouldy,

the skirting on the wall opposite was also then noticed to be swollen (mdf) and the mdf wall paneling in lounge had bowed out.

 

All walls were plaster board dabbed onto top of original plaster.

 

An assessor from bvs came out,

agreed was a genuine claim and were covered.

Gave me an estimate for refitting units,plaster repair and to re-tile floor.

 

I mentioned that the tiled floor seemed uneven,

advice was to get tiles up so drying company could come out,

if slab had moved it would be cracked and need replacing.

 

Tiles were removed and large cracks were found,slab has raised due to swelling of the sub soil,

was told to send in pics,

drying company put on hold.

 

It has taken 2 whole weeks to access the pics to decide it just needs drying and latex screed put on top!

 

I have had a company in to quote for floor and they agreed it needs replacing,

sent them an email with the quote and they are insisting the drying company still come out,

are they on commission???

 

Last few days have taken some walls down to bare brick as the plaster board was very damp and had black mould on the back of it,

original plaster just crumbled off.

 

Have today discovered the laminate floor in the lounge near the party wall is also water damaged as it has swollen up,

joists are wet along with the sub soil,

nasty damp smell aswell.

 

Advice im after is if after the drying company has been out and BVS still say floor only needs a screed over the top and do no nothing about the laminate flooring what is my nest move?

 

Are loss adjusters like morgan clarke worth using???

 

Its now getting on for a month since the claim was put in.

lots of stress,

house in a mess and nowhere to cook properly.

 

Hope the nightmare ends soon,

next insurance company will be one that does not use BVS,

as not impressed with them so far!

Edited by dx100uk
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Water damage is always more than expected.

They know it and that's why many insurance fix the leak and the surrounding areas very quickly so the customer doesn't see all the damage.

In your case the file is still open and you have found further damage to the original claim.

It needs to be bundled together.

Don't be in a rush, as you can see after many weeks the joists are still wet.

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The drying company, although experts in humidity, are not experts in flooring. I wouldn't get an Assessor company like Morgan Clarke as they will want their cut, which usually means requesting cash settlements so you would be out of pocket...

What I would do is get your own builder to come and do a quote, specifically advising what needs doing to put you back in the position you were in immediately before the loss.

 

To me though it looks like they want to put a screed above the uneven concrete floor to even out, then they would re-tile over that?

 

Have a word with the adjuster to see if that is correct...

Abbey - owed £3260 - Paid up.

 

Barclays owed £2500 - Paid up.

 

Halifax, Mint & Egg - next on the hit list

 

Dont click on the scales - I'm quite proud of my little red dot! - As the little red dot has gone - click away!!!!

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After 2 weeks they finally agreed to replace the whole floor !

I was also advised i can claim for the kitchen unit carcasses we removed as during removal basically collapsed,were bandq flatpack ones the inserts which go in the cams to join them together basically pulled out,maybe due to the chipboard being soft from the damp,also signs of water ingress in the side panels.

Been to bandq and this style of kitchen no longer available so could we claim for a whole new one?

Also our lounge walls need the plasterboard replacing but the bottom third of the room is covered by mdf decorative panels a section of which is now warped/expanded.

Its in the scope of works to replace this section but it is no longer available from where we purchased it from,its fitted to every room in our house.

What normally happens in this situation where the original wall coverings are no longer available?

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After 2 weeks they finally agreed to replace the whole floor !

I was also advised i can claim for the kitchen unit carcasses we removed as during removal basically collapsed,were bandq flatpack ones the inserts which go in the cams to join them together basically pulled out,maybeo due to the chipboard being soft from the damp,also signs of water ingress in the side panels.

Been to bandq and this style of kitchen no longer available so could we claim for a whole new one?

Also our lounge walls need the plasterboard replacing but the bottom third of the room is covered by mdf decorative panels a section of which is now warped/expanded.

Its in the scope of works to replace this section but it is no longer available from where we purchased it from,its fitted to every room in our house.

What normally happens in this situation where the original wall coverings are no longer available?

 

Unless you’ve paid extra or have a good policy you’ll have the matching items exclusion, which means they won’t pay for the non damaged items. However the FOS ask insurers to offer 50% of the unmatched items as a compromise.

This will apply for the kitchen, I can’t see it working for the mdf though. You can try.

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I cant see any mention of a matching items exclusion anywherr in the policy.

Next step is get quotes for the work and if more than they offered send them

In, also a quote for a kitchen fitted.

Ball is in their court then

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