49 minutes ago, BankFodder said:

I'm going to come in with a different view here.

An occupier of land is, on the face of it, liable for any damage which is caused by anything that they bring onto their land for their own purposes and which they they keep on their land and which escapes from that land and causes harm.
This liability is strict and that means that such tests as foreseeability or negligence/carelessness are not necessary.

....

Thanks, i understand your point, and hope this is how it works out.
Basically, the £300 car seat, and the Pram seat (another £1500) are now unusable because we cant get the fine shards /dust of glass out.

We contacted the legal cover, they said they can try to pursue if I can get the insurance details.  If not, i will definitely take the court action route and see what progresses.

Thank you

3 hours ago, Bazooka Boo said:

Have you contacted your LA regarding this store? And reported your concerns to them?

She is about to call them, will update here with what they say.

Hey.
Thanks for your quick response.

He seems to use plastic crates to hold down waste from the shop (as seen in the pics).

The pram, is the easy thing to replace, however the advice on car seats is always never buy used as you never know if there is accident damage on it.

What sort of things would i need to consider to prove he was negligent?

My approach opinion would be very different if the fence had blown out, but with this, it is ridiculous that he hasn't held things that will catch air, even when previously warned.  The added crazy thing is, my partner had parked her car there literally 10 mins before, and taken both the kids out of the back who could have been sprayed with the glass.
 

Doc2.docx

Hi All.
My partner lives above some new shops.  I believe the land is council owned, as the flats are newly built and are council owned.
The shop has a small yard at the back with a fence adjoining the car park.  There are 7 parking spots directly behind this fence.

On Friday, the wind caught up a bit, and blew a brown bread crate that was resting high on a metal trolley and on the fence, through the air up and over fence, and strait through the car window.  Luckily, i have a small camera facing the area, so the damage was caught on camera.

Aside from the smashed window, which she will have to pay £100 excess, her pram and baby seat where in the car which are now both covered in glass and shards, along with the rest of the car.

She spoke to the shop owner, who was excessively dismissive, didn't even want to watch the footage of the video - I think he has something against women generally.  When I called him, he refused to provide his insurance details or even accept responsibility of the damage.  I have previously told him about things being blown over from the fence (usually boxes, and plastic wrappers from stock), which i tend to just throw back over the fence as it litters the area.

She has spoken to the insurance company, they will replace the rear windscreen, with an excess payment, but wont consider the pram or baby seat as it wasnt accident related.  She does have legal cover on her insurance.

What can she do about this? 

Hi All.

It seems i let my annual travel insurance lapse at the renewal last year.

My girlfriend and I have planned a long haul trip at the end of the year already booked and paid for.

A few months ago, we found out my partner is pregnant.  Which made us question if we should travel.  The midwife assured us it would be okay to travel.

However, i want to get travel insurance to cover all eventualities.

Is it still possible? or would it be too late?

Would anyone recommend any company?

Thank you

Hey.

Thanks for the response.

Could there be any comeback if did the DD guarantee request?

I know, it was silly of me to try to resolve it by phone first.

I should have just put the phone down on "the supervisor".

If they do not have the recording, the supervisor argued i will have been asked this in my last call.

I will make it clear i was not, there for as i was not insured i want all my payments back from day one.

Hi All.

I am having a real headache at the moment with homeinsure.co.uk / Thames bank insurance.

Background:

I split up from my ex-wife some time ago, but as we own a property together (wholly on my name) and no one else lives at the property, i still left some of my contents there as it is the safest place for them. This included some photography equipment, cycles etc. Additionally, all the bills etc on the property are on my name as i deal with anything official in relation to the property.

The building is insured via a block management policy.

History:

Back in 2016 i took out a policy with homeinsure.co.uk (Thames bank insurance (HI)), as it happened to be the cheapest via confused.com The policy cost in the region of £185 for contents only.

At the time, i was not advised that the policy would automatically be renewed.

At the point of renewal in 2017, HI sent me an email, which ended up in junk mail with the policy renewal details, additionally if i recall no credit agreement details were sent.

Unfortunately, i missed the window to cancel the policy by a few days. The policy cost had increased, even though no claims had been made. Unfortunately, due to serious health issues i wasn't able to argue the point, so left the policy standing. I am sure I did however request the policy not be renewed again. This policy cost was around £255 (37.8% increase).

Current - The issue

Fast forward to 2018, i no longer use the email address they email on as it is full of junk mail. I only found out the policy had renewed after receiving a credit alert of a new finance agreement, after some investigation i found out it was with creation on behalf of HI. The new policy was around £310. I contacted HI 3 days past the 14 day cooling off period. I spoke to a really arrogant team leader who refused to cancel unless i paid the cancellation fees plus additional charges. I said i would discuss with my ex and call back. Again, i had not agreed to a renewal or a new credit agreement.

I then received an email on 31st December stating my insurance would be cancelled with no reasons given.

I called back again on 07/01/2019 to find out how much the cancellation would actually cost. I was advised this would be £105 (premiums + cancellation fee). I was then dragged into a call with the same supervisor as previous which dragged on for 50 minutes. During the call I mentioned I do not live at the property yet have belongings there and the insurance and every other bill is on my name. The supervisor then mentioned we would not be insured in the event of a claim. I stated she was on the policy documents as well. The supervisor then mentioned my ex would need to be on the deeds. Every time I came to a decision she would try to confuse the matter further - almost just to antagonise me.

Two options where on the table:

1. Pay £35 and change the policy into my ex's name only.
   
2. Pay £105 and cancel the policy.
   

After consideration, the customer service, HI's annoying staff , we decided to pay the £105 and cancel as a new policy elsewhere would have cost around £80, and at least I would not have to deal with their antagonistic supervisor again.

The supervisor then demanded I pay the balance immediately. To which I refused and wanted a breakdown.

A few days later I receive an email saying I owe them £170. Had we been made aware of this we would not have cancelled and just let the policy run on.

So my questions are:

1. They quoted me £105 to leave. Was that binding?
   
2. I was never advised that I would not be covered if I did not live at the property, and having my ex's name on the policy wouldn’t change anything. Which means I was not actually covered since the inception of the policy. Do I have a right to claim the policy back? - I have requested the call recordings from the inception of the policy. And of the last conversation I had with them - not heard anything back.
   
3. How long do they have to provide me with the call recordings - I want them for my complaint to the FCA.
   
4. They added a £10 'set up fee', and the cost of £45 for emergency cover in the £170
   
5. Any other advise would be appreciated.
   

Thanks

When I say keep everything in writing what I actually mean is stay OFF the phone, unless your recording the calls you have no evidence of what was discussed.

 

Check your credit files and see what is on there.

 

Is step change still dealing with these accounts on your behalf?

gh

Was there a plate to support the SYL?

Do you mean the yellow notice? To be honest i cant remember, my partner said she looked and thought it was fine. Although on google maps you can see one at the other side of the road.

Unfortunately i am not from London, so getting down there would be costly in fuel lol.

the clincher is the words on the 'ticket'

 

if it does says {exactly}

 

PENALTY CHARGE NOTICE

 

and ONLY those three EXACT words

 

its real

 

if not its a

 

its a speculative invoice

 

dx

Its definitly a PCN

The fact that the on-street yellow lines continue around the corners of the junction suggests to me that they were painted in one operation, and deliberately so - which in turn suggests that this is part of the highway and legit - the end part in any case, where pedestrians have obvious right of access.

 

However I think you'd be better off enquiring with the council - not the Parking people but the people who deal with highways. You need to find out if this is public highway (not whether it is privately owned, which is different!!), and if where you were parked is within the highway boundary. If it is, then the yellow lines are enforceable. If it isn't, they probably are not.

 

Out of interest, if this street has no name, what is the location stated on the PCN?

The notice says:

"Was seen at location:

UNNAMED RD OFF ELM PK HA7

NXTSAINSBURYSCARPARK"

StreetPrescribed hours

Elm Park:(a) the south-west side:

(i) between a point opposite the common boundary of Nos. 6 and 8 Elm Park and a point 4 metres south-east of a point opposite the common boundary of Nos. 12 and 16 Elm Park At any time(ii) between a point 4 metres south-east of a point opposite the common boundary of Nos. 12 and 16 Elm Park and a point opposite the party wall of Nos. 19 and 21 Elm Park; Mon-Sat 8 a.m. to 6.30 p.m.(b) the north-east side,

(i) between its junction with Church Road and a point opposite the common boundary of Nos. 6 and 8 Elm Park; Mon-Sun 8 a.m. to 12 midnight(ii) between a point opposite the common boundary of Nos. 6 and 8 Elm Park and a point opposite the southern flank wall of No. 18 Elm Park; At any time(iii) between a point opposite the southern flank wall of No. 18 Elm Park and a point opposite the common boundary opposite the party wall of Nos. 19 and 21 Elm Park; Mon-Sat 8 a.m. to 6.30 p.m.

The service road, off Elm Park, which lies at the rear of Nos. 1 to 5 The Broadway, Stanmore and Nos. 2 to 36 Church Road:the south-eastern side, between its junction with Elm Park and a point 10 metres east of the extended north-eastern kerb-line of Elm Park. Mon-Sun 8 a.m. to 12 midnightSchedule 2

No Loading

 

StreetPrescribed hours

Elm Park:

(b) the north-east side;

(ii) between its junction with the service road at the rear of Nos. 2-36 Church Road and a point opposite the southern flank wall of No. 18 Elm Park. Mon-Sun 8 a.m. to 12 midnight

The service road, off Elm Park to the rear of Nos. 2-36 Church Road and 1-3 The Broadway, Stanmore;

(b) the south side;

(i) between its junction with Elm Park and a point 10 metres east of the extended north-eastern kerb-line of Elm Park; Mon-Sun 8 a.m. to 12 midnight

I presume this then includes the place where I parked? So its legitimate?

Thanks

Hi Guys.

I am in need of your help once again.

I was in London on the weekend and parked on a Unnamed road in Harrow.

This is the road:

//g.co/maps/faext

(please add the begining of the url your self)

I was parked directly opposite the bins. Which had a single Yellow line, with a dash (blip) on the pavement.

I received a parking ticket stating:

"Parked or Loading / Unloading in a restricted street were waiting and loading / unloading restrictions are in place"

at 21:15 in the evening.

Having looked at google maps (see image below, i added the red line for the approximate location), the road isnt marked on the maps, also it is unamed. I suspect it is a private road.

1. is this the case?

2. If it is a private road can council enforcement officers give me a ticket there?

Hi Guys.

Its renewal time for me again. I have just got some quotes on contents only as i live in a leasehold which also pays my buildings insurance.

In the past 2 years i have lived at the property i have mistakenly paid buildings insurance as as well as my contents insurance (outside of the lease).

Is there any way of cliaming the buildings insurance back if i can prove i already had insurance as a part of my lease?