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About bigkahuna666

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  1. I have drafted an email response to SIXT telling them the course of events and that I am not assuming liability. Furthermore, that I know the damage was there before and that they would have to prove to me in photos that it wasn't. I just wanted to double check that I should send it, even though I put my signature under the agents comment on his PDA on the return of the vehicle. I hope they didn't trick me into assuming liability with that signature. :/
  2. unfortunately I signed something on the agents PDA on our return to acknowledge the damage. Can I still refuse?
  3. Dear CAG members, I hope someone here could help us with something urgent. We only have been given 7 days for this. We hired a SIXT car from London for 1 week. When my partner and I collected the vehicle the vehicle was very dirty. I said I didn't mind it, as I didn't want to wait for 30 minutes for the agent to clean it. However, my partner said that we should have them clean it, so we could see the damages that are already present. "Fair point..." the agent said, "...but remember you have paid a premium for zero excess, so it doesn't matter what damages are present already, as any new damage would not be charged to you anyway". We thought great, but let's get it cleaned anyway as it's for mother in law's 60th birthday road trip... After the car was cleaned we were handed the keys back at the booth, told were the agent left it and sent on our way without any further taking note of anything. I was given a receipt that had all the existing damages on there. When we got home to pick up our luggage I noticed a large 10cm scratch on the rear bumper that wasn't on the receipt I've been given. It definitely wasn't us as it looked like a cast concrete bollard got it, or something with similar texture, and we didn't come past any. Anyway, we didn't have time to go back to the hire place to make this known as we had mother waiting at the train station and thought it wouldn't matter anyway as we paid for zero excess. Now, when we returned the vehicle Saturday just gone, the agent (different one this time) asked where we parked, then went to check the vehicle, noted the additional scratch, came back to us and asked me to sign the scratch on his PDA to acknowledge it. I said, we paid for Zero excess, what am I signing here? Will I be charged? He said, no, no, you won't be charged, as you paid a premium, you just need to acknowledge it. So I signed and my partner and I left. Today I had an email from SIXT saying that they are making a claim for the damage and that the online form needs to be filled in and submitted within 7 days. Because I have been registered as the main driver (mother in law was the additional driver) I now have to deal with this insurance claim and I am now worried that once the claim is submitted by SIXT, the insurers will make this known on the whole insurers network, so that next time I am looking to renew my own van insurance I will be hit with a much higher premium. I feel like SIXT have been waiting for someone like us, who they can lure into thinking that any damage unrecorded won't matter, so that they can make a claim for damages later on at my cost. Can somebody please advise what I should do? I was thinking of just writing in the statement that I am not assuming liability for the damage as it was already there. Attached is a screen shot of the form.
  4. Hello everyone, I took out a vehicle insurance online via one of the van insurance comparison sites beginning of this month and paid the deposit of around £250 upfront with the first instalment of £130 coming out shortly after on the 10th of Feb. Now, I just got home and had a letter (dated 20/02) from the insurance company, or rather the broker as it turns out, telling me that the insurer (they don't mention the name of the insurance company) advised them that my policy must be cancelled within the next 7 days. "This is because of where your vehicle is kept overnight". The vehicle is kept on the road overnight, as I indicated on the comparison site, which based on all the information I have given listed the different insurers and their premiums, from which I had chosen this one. The letter goes on to say that I urgently have to contact them so that they can place me with an alternative insurer. Now I have a few questions: 1. First of all, I think this smells very fishy and I have doubts that this is legal? 2. I provided all the information beforehand, based on which I was given a premium. If this would have been an issue they should have not let me take out the insurance in the first place? 3. The vehicle is kept on the road overnight. I did not lie. It's not like I said it's kept in a garage when in actual fact it isn't. I mean everyone keeps their vehicle on the road, or at least the majority of the population? This would mean they would only have a handful of customers? Again, another reason why I think it doesn't make any sense? 4. Do I have 7 days from date of receipt of this letter, ie from today until the policy would be cancelled? 5. If I don't agree with this and they cancel me completely or I want to leave them as this is not a very honest start with them, can I get my money back? I haven't even been with them for a month. My installment from the 10th should at least take me up to the 10th of March, not to mention my £250 deposit I paid at the outset? 6. The premium is set up to be paid monthly through a financing deal, which I signed. Am I now required to pay the full premium every month to the Finance guys, even if the brokers or I end up cancelling altogether? I would really appreciate if someone could explain the legalities of this all to me before I give them a call as I don't want to end up playing my cards wrong. Should I get legal help/advice to get my money back? Get in touch with watchdog? I am a bit at a loss with this as you can probably tell so any information would be greatly appreciated. Thanks a lot in advance!
  5. Hi, so good news is, it's all rolled back. Bad news is that I just received the NtO again, with the same mistake on the address line again, so thanks mister post(wo)man for knowing too well where to drop this Anyhow, as this NtO is 2 years too late, am I right in assuming that this is unenforcable? I read somewher years agoo that PCNs are only valid for 1 year (if no further correspondence received), no I hear 6 months? Is that true? Can I just say that the time to enforce has lapsed and appeal on said grounds? Thanks in advance everyone!
  6. I completely forgot after all the waiting game. :/ Just updated the old thread. Thanks!
  7. I forgot to update this thread with the final outcome. The adjudicator agreed with the appeal and asked the LA to cancel the initial PCN. Thank you so much again everyone!
  8. Yes, I will just proceed this way, ie sending the witness statement pointing out that neither the CC had a door number nor the OfR and hence leads me to the believe that no NtO was received due to the same mistake. I think I never appealed the PCN, because I never received a NtO until now.
  9. No, the above background was a different one. I actually managed to appeal the LA decision with an adjudicator and he agreed with me that it should be cancelled.
  10. Hi all, a bit more than a month ago I received a 2 year old PCN from southwark that I had completely forgotten about. I noticed the letter had no house/door number. It looked like one of the neighbours put it on the envelope in pencil and then delivered. I ignored it as I believe I don't think that it is enforcable without having officially delivered and having my full address on it? As far as I am concerned it could be someone else on the street. The post lady however knows ofcourse that it must be me and keeps dropping them with my other mail. I have received a CC a few weeks ago and finally yesterday the OFR. The first 2 letters I opened, but the OFR I have not opened. Am I right in thinking that writing undeliverable - no house number on the envelope and returning it will get me out of this, or at least they realise they cannot chance it any longer and have to enquire with the DVLA to get my full details? I don't even have the vehicle anymore, which is probably why they cannot get the details and just rely on a vague memory from a previous PCN? Any insights into address field legalities would be much appreciated as I cannot seem to find anything online about it.
  11. Great! Thanks a lot Jamberson! Just submitted everything. Fingers crossed they get back to me soon with positive news.
  12. just doing the online appeal as it means I can send it all off tonight rather than rushing to the post etc. Just wanted to double check: am I ok to just put the following text as the appeal? I would appeal to the adjudicator on the basis that: 1. The contravention did not occur. I am being held liable on the basis of the NTO, not the PCN, and the contravention stated on the NTO did not and could not have occurred at the time given (00:34). I have pointed this out in my recent appeal to the authority, but their Rejection Notice is just a generic letter and does not address this issue. 2. There has been a procedural impropriety. I have been issued with a Charge Certificate prior to the expiry of the time allowed to consider the rejection notice and appeal to the adjudicator. The Rejection Notice is dated 20-11-15 and the Charge Certificate is dated 08-12-15 and was received 11-12-15. The Charge Certificate was therefore issued 18 days later instead of the statutory 28 days. 3. The PCN is too old to be reasonably defended, since accurate recollection of events on the day is not possible. Should I include anything else? Looking forward to any advise.
  13. Thanks a lot Jamberson and Michael, this is exactly what I thought. I am glad to hear that this could be an easy appeal. Jamberson, I removed the times because dx100uk adivsed to take them out along with the officer number. I can see why the officer, but I am not sure why the contravention times seeing that I am mentioning those in my text anyway. Maybe he meant something else and I misunderstood? I will draft the appeal tonight and send it off first thing tomorrow. Again, thanks a lot for your adivice. I will let you know if and when I hear back from the adjudicator to let you know the final decision. Fingers crossed this is an easy winner.
  14. thanks dx! I think its all done now. By the way, I originally left the time on the NTO and CC because they are showing midnight time not the midday time as seen on the original PCN and original NTO (NTO from last year which I cant find at the moment)
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