Jump to content


  • Tweets

  • Posts

    • Thank-you dx, What you have written is certainly helpful to my understanding. The only thing I would say, what I found to be most worrying and led me to start this discussion is, I believe the judge did not merely admonish the defendant in the case in question, but used that point to dismiss the case in the claimants favour. To me, and I don't have your experience or knowledge, that is somewhat troubling. Again, the caveat being that we don't know exactly what went on but I think we can infer the reason for the judgement. Thank-you for your feedback. EDIT: I guess that the case I refer to is only one case and it may never happen again and the strategy not to appeal is still the best strategy even in this event, but I really did find the outcome of that case, not only extremely annoying but also worrying. Let's hope other judges are not quite so narrow minded and don't get fixated on one particular issue as FTMDave alluded to.
    • Indians, traditionally known as avid savers, are now stashing away less money and borrowing more.View the full article
    • the claimant in their WS can refer to whatever previous CC judgements they like, as we do in our WS's, but CC judgements do not set a legal precedence. however, they do often refer to judgements like Bevis, those cases do created a precedence as they were court of appeal rulings. as for if the defendant, prior to the raising of a claim, dobbed themselves in as the driver in writing during any appeal to the PPC, i don't think we've seen one case whereby the claimant referred to such in their WS.. ?? but they certainly typically include said appeal letters in their exhibits. i certainly dont think it's a good idea to 'remind' them of such at the defence stage, even if the defendant did admit such in a written appeal. i would further go as far to say, that could be even more damaging to the whole case than a judge admonishing a defendant for not appealing to the PPC in the 1st place. it sort of blows the defendant out the water before the judge reads anything else. dx  
    • Hi LFI, Your knowledge in this area is greater than I could possibly hope to have and as such I appreciate your feedback. I'm not sure that I agree the reason why a barrister would say that, only to get new customers, I'm sure he must have had professional experience in this area that qualifies him to make that point. 🙂 In your point 1 you mention: 1] there is a real danger that some part of the appeal will point out that the person appealing [the keeper ] is also the driver. I understand the point you are making but I was referring to when the keeper is also the driver and admits it later and only in this circumstance, but I understand what you are saying. I take on board the issues you raise in point 2. Is it possible that a PPC (claimant) could refer back to the case above as proof that the motorist should have appealed, like they refer back to other cases? Thanks once again for the feedback.
    • Well barristers would say that in the hope that motorists would go to them for advice -obviously paid advice.  The problem with appealing is at least twofold. 1] there is a real danger that some part of the appeal will point out that the person appealing [the keeper ] is also the driver.  And in a lot of cases the last thing the keeper wants when they are also the driver is that the parking company knows that. It makes it so much easier for them as the majority  of Judges do not accept that the keeper and the driver are the same person for obvious reasons. Often they are not the same person especially when it is a family car where the husband, wife and children are all insured to drive the same car. On top of that  just about every person who has a valid insurance policy is able to drive another person's vehicle. So there are many possibilities and it should be up to the parking company to prove it to some extent.  Most parking company's do not accept appeals under virtually any circumstances. But insist that you carry on and appeal to their so called impartial jury who are often anything but impartial. By turning down that second appeal, many motorists pay up because they don't know enough about PoFA to argue with those decisions which brings us to the second problem. 2] the major parking companies are mostly unscrupulous, lying cheating scrotes. So when you appeal and your reasons look as if they would have merit in Court, they then go about  concocting a Witness Statement to debunk that challenge. We feel that by leaving what we think are the strongest arguments to our Member's Witness Statements, it leaves insufficient time to be thwarted with their lies etc. And when the motorists defence is good enough to win, it should win regardless of when it is first produced.   
  • 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

Accident without insurance [another party after car hire fees from me!!]


Littleman11
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2042 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 Guys, really hoping for some advice on my own stupidity and maybe some idea of what to expect.

 

Until October last year I was working with a company who had given me a van to drive to and from work, because of this I didn’t insure my car for my commute.

 

I moved job and was given another van to commute with but it was not all the time.

I was stupid enough to forget to update my insurance

 

in January I was involved in a multi car accident on my way to work.

I was the last car in 6 and only lightly hit the car in front of me.

 

The police took everybody's details and sent us all on our way,

I arrived into work and made the call to my insurance company to inform them of the accident and it was at this point I found out that I wasn’t insured (being honest I don’t remember not selecting the commute option but that’s not relevant),

it was a genuine oversight on my part which obviously doesn’t condone it but it was not something I intentionally did.

 

I was later informed by my insurer that my policy would be cancelled and I have heard nothing since February.

The police never contacted me at all about the incident.

 

Today I received a letter from DAS asking me to pay 500 pound for car hire on somebody else’s claim, this was not the car I hit but further down the line of 6.

 

I am up the walls,

I’m literally just about to start a DMP to help with my already spiralling debts and I am now so worried about what’s coming down the line with this and don’t know where to turn

Link to post
Share on other sites

I would suggest this is a spurious claim

 

I bet the person who was insured hired or was given hire of the most expensive hire car the claim management firm used mediators for want of anotherword could find [claims could find [probably find they are in bed wit them.

the persons insurance co. [or the ins company of the person they are claiming from] has turned around and said no there were cheaper cars we aint paying that sum..its a very commin sc@m sadly.

 

now down the line they are looking for a mug to get their ill gotten money out of

 

I've moved to the motoring ins forum

the experts will be alone later.

 

just as a side note

this DMP you are going into.

do check ALL of your debts are enforceable before blindly paying anyone

esp a DCA and esp if the debt is several years old.

 

might be best to start a new thread and tell us about your debts.

we might be able to wipe most out if they don't hold signed agreements

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

I do have to start the new thread on my debts, I’ll get that done tomorrow.

 

It does seem to be bad for my future, I have visions of 70k to 100k bills coming through my door and me having no way of paying them meaning debt for the rest of my life.

 

Thanks for your help on this

Link to post
Share on other sites

Insurers can't normally cancel policies to avoid paying third party claims. Insurers have responsibilities under Road Traffic Acts and ICOBS say Insurers should not void or cancel policies to avoid claims. They could arguably avoid paying for any damage to the vehicle covered by the Policy, but not a third party claim.

 

Suggest the OP just posts the DAS letter on to the Insurance they had at the time.

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

The letter says they contacted my insurance company and that they are not willing to deal with the claim so they are now looking to me to recoup their loses. If it was for the car I actually hit them I’d understand and would probably pay it but surely they would have to prove I caused damage to this other car which I definitely didn’t before they can start threatening me with court

Link to post
Share on other sites

You don't have to respond. This won't go to court anyway, as the amount is not worth it. DAS represent the driver that has the uninsured loss, but given the liability is not clear, they won't pursue this beyond a few letters.

 

You have to remember that a company like DAS only charge a small amount for legal expenses cover, so there is a limit to the cases they will pursue. If there was a very large claim, then of course they would pursue, as any court fees etc are justified.

 

A £500 claim would justify a few letters chasing.

 

You don't want to reply anyway. Why give the impression to DAS that you are willing to communicate about this, when liability is not clear at all.

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

Really?

So you think i should just ignore? I was thinking of contacting them and asking for proof that i owe this, my problem is that this is just for the car hire, i would presume that if they were chasing me for this then i would expect that they would chase me for the repair cost further down the line

Link to post
Share on other sites

either ignore totally or simply fwd this to your ins Co. at the time after copying it.

 

this aint going nowhere.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Really?

So you think i should just ignore? I was thinking of contacting them and asking for proof that i owe this, my problem is that this is just for the car hire, i would presume that if they were chasing me for this then i would expect that they would chase me for the repair cost further down the line

 

I’d give them a call, hoping they will go away won’t help. Tell them they gave the wrong person, it is easily done in a 6 car pile up.

Link to post
Share on other sites

Can't see the point in calling them. What are they going to do with verbal information ? Not much.

 

If people think a response should be made, then just send a letter advising that you believe a mistake has been made in identifying the driver of the car responsible for this accident. Therefore it is denied that any liability exists in this 6 car accident, which was the responsibility of another party. You suggest that DAS go back to their Insured, as you believe DAS have been given information which is incorrect.

 

You don't give any specific information about where your car was in relationship to the party that suffered the loss. If you say you were the last car in a chain of 6, it will be suggested that you hit the car in front, causing a chain accident involving the other cars.

 

It is always up to the party making the allegation to provide evidence of your liability, which is why I suggest not responding at this stage. Or just deny any liability exists, as you believe DAS does not have the correct information.

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

This ^^^

You are only responsible for actual damages YOU caused to the vehicle YOU struck. You have a fishing letter for someone to cough up some cash. Play tennis now with advice form above. If you must contact them and feel the need, deny everything and claim nothing and the ball Is back in their court for them to decide on what they do.

 

 

As a side note, Police have upto 6 months from the date of offence to prosecute you for IN10 (no insurance), but as there WAS a level of cover in place at the time, I doubt you will be chased for it. Unfortunate the insurers cancelled your policy you have to declare that now everytime you look for insurance. That and a Claim that's held on CUE for you for your last 5 yrs.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...