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    • Thanks for all the suggestions so far I will amend original WS and send again for review.  While looking at my post at very beginning when I submitted photos of signs around the car park I noticed that it says 5 hours maximum stay while the signage sent by solicitor shows 4 hours maximum stay but mine is related to electric bay abuse not sure if this can be of any use in WS.
    • Not sure what to make of that or what it means for me, I was just about to head to my kip and it's a bit too late for legalise. When is the "expenditure occured"?  When they start spending money to write to me?  Or is this a bad thing (as "harsh" would imply)? When all is said and done, I do not have two beans to rub together, we rent our home and EVERYTHING of value has been purchased by and is in my wife's name and we are not financially linked in any way.  So at least if I can't escape my fate I can at least know that they will get sweet FA from me anyway   edit:  ah.. Sophia Harrison: Time bar decision tough on claimants WWW.SCOTTISHLEGAL.COM Time bar is a very complex area of law in Scotland relating to the period in which a claim for breach of duty can be pursued. The Scottish government...   This explains it like I am 5.  So, a good thing then because creditors clearly know they have suffered a loss the minute I stop paying them, this is why it is "harsh" (for them, not me)? Am I understanding this correctly?  
    • urm......exactly what you filed .....read it carefully... it puts them to strict proof to prove the debt is enforceable, so thus 'holds' their claim till they coughup or not and discontinue. you need to get readingthose threads i posted so you understand. then you'll know whats maybe next how to react or not and whats after that. 5-10 threads a day INHO. dont ever do anything without checking here 1st.
    • I've done a new version including LFI's suggestions.  I've also change the order to put your strongest arguments first.  Where possible the changes are in red.  The numbering is obviously knackered.  Methinks stuff about the consideration period could be added but I'm too tired now.  See what you think. Background  1.1  The Defendant received the Parking Charge Notice (PCN) on the 06th of November 2020 following the vehicle being parked at Arla Old Dairy, South Ruislip on the 05th of December 2019.  Unfair PCN  4.1  On XXXXX the Defendant sent the Claimant's solicitors a CPR request.  As shown in Exhibit 1 (pages 7-13) the solicitors helpfully sent photos of 46 signs in their evidence all  clearly showing a £60.00 parking charge notice (which will  be reduced to £30 if paid within 14 days of issue).  There can be no room for doubt here - there are 46 signs produced in the Claimant's own evidence. 4.2  Yet the PCN affixed to the vehicle was for a £100.00 parking charge notice (reduced to £60 if paid promptly).  The reminder letters from the Claimant again all demanded £100. 4.3        The Claimant relies on signage to create a contract.  It is unlawful for the Claimant to write that the charge is £60 on their signs and then send demands for £100.   4.4        The unlawful £100 charge is also the basis for the Claimant's Particulars of Claim. No Locus Standi 2.1  I do not believe a contract exists with the landowner that gives MET Parking Services a right to bring claims in their own name. Definition of “Relevant contract” from the Protection of Freedoms Act 2012, Schedule 4,  2 [1] means a contract Including a contract arising only when the vehicle was parked on the relevant land between the driver and a person who is-  (a) the owner or occupier of the land; or  (b) Authorised, under or by virtue of arrangements made by the owner or occupier of the land, to enter into a contract with the driver requiring the payment of parking charges in respect of the parking of the vehicle on the land. According to https://www.legislation.gov.uk/ukpga/2006/46/section/44  For a contract to be valid, it requires a director from each company to sign and then two independent witnesses must confirm those signatures.  2.2  The Defendant requested to see such a contract in the CPR request.  The contract produced was largely illegible and heavily redacted, and the fact that it contained no witness signatures present means the contract has not been validly executed. Therefore, there can be no contract established between MET Parking Services and the motorist. Even if “No Parking in Electric Bay” could form a contract (which it cannot), it is immaterial. There is no valid contract. Illegal Conduct – No Contract Formed  3.1 At the time of writing, the Claimant has failed to provide proof of planning permission granted for signage etc under the Town and Country Planning Act 1990. Lack of planning permission is a criminal offence under this Act and no contract can be formed where criminality is involved.  3.4        I also do not believe the claimant possesses this document.  No Keeper Liability  5.1        The defendant was not the driver at the time and date mentioned in the PCN and the claimant has not established keeper liability under schedule 4 of the PoFA 2012. In this matter, the defendant puts it to the claimant to produce strict proof as to who was driving at the time.  5.2 The claimant in their Notice To Keeper also failed to comply with PoFA 2012 Schedule 4 section 9[2][f] while mentioning “the right to recover from the keeper so much of that parking charge as remains unpaid” where they did not include statement “(if all the applicable conditions under this Schedule are met)”.    5.3        The claimant did not mention the parking period instead only mentioned time 20:25 which is not sufficient to qualify as a parking period.   Protection of Freedoms Act 2012  The notice must -  (a) specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates; 22. In the persuasive judgement K4GF167G - Premier Park Ltd v Mr Mathur - Horsham County Court – 5 January 2024 it was on this very point that the judge dismissed this claim. 5.4  A the PCN does not comply with the Act the Defendant as keeper is not liable.   Interest 6.2  It is unreasonable for the Claimant to delay litigation for four years in order to add excessive interest. Double Recovery  7.1  The claim is littered with made-up charges. 7.2  As noted above, the Claimant's signs state a £60 charge yet their PCN is for £100. 7.3  As well as the £100 parking charge, the Claimant seeks recovery of an additional £70.  This is simply a poor attempt to circumvent the legal costs cap at small claims. 29. Since 2019, many County Courts have considered claims in excess of £100 to be an abuse of process leading to them being struck out ab initio. An example, in the Caernarfon Court in VCS v Davies, case No. FTQZ4W28 on 4th September 2019, District Judge Jones-Evans stated “Upon it being recorded that District Judge Jones- Evans has over a very significant period of time warned advocates (...) in many cases of this nature before this court that their claim for £60 is unenforceable in law and is an abuse of process and is nothing more than a poor attempt to go behind the decision of the Supreme Court v Beavis which inter alia decided that a figure of £160 as a global sum claimed in this case would be a penalty and not a genuine pre-estimate of loss and therefore unenforceable in law and if the practise continued, he would treat all cases as a claim for £160 and therefore a penalty and unenforceable in law it is hereby declared (…) the claim is struck out and declared to be wholly without merit and an abuse of process.” 30. In Claim Nos. F0DP806M and F0DP201T, District Judge Taylor echoed earlier General Judgment or Orders of District Judge Grand, stating ''It is ordered that the claim is struck out as an abuse of process. The claim contains a substantial charge additional to the parking charge which it is alleged the Defendant contracted to pay. This additional charge is not recoverable under the Protection of Freedoms Act 2012, Schedule 4 nor with reference to the judgment in Parking Eye v Beavis. It is an abuse of process from the Claimant to issue a knowingly inflated claim for an additional sum which it is not entitled to recover. This order has been made by the court of its own initiative without a hearing pursuant to CPR Rule 3.3(4)) of the Civil Procedure Rules 1998...'' 31. In the persuasive case of G4QZ465V - Excel Parking Services Ltd v Wilkinson – Bradford County Court -2 July 2020 (Exhibit 4) the judge had decided that Excel had won. However, due to Excel adding on the £60 the Judge dismissed the case. 7.7        The addition of costs not previously specified on signage are also in breach of the Consumer Rights Act 2015, Schedule 2, specifically paras 6, 10 and 14.  7.8        It is the Defendant’s position that the Claimant in this case has knowingly submitted inflated costs and thus the entire claim should be similarly struck out in accordance with Civil Procedure Rule 3.3(4).  In Conclusion  8.1        I invite the court to dismiss the claim. Statement of Truth I believe that the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth. 
    • Scottish time bar: Scottish appeal court re-affirms the “harsh” rule (cms-lawnow.com)  
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Asked to pay excess in ADVANCE of claim - how come???


Mary Martha
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My son showed me a letter where he has been asked to pay his Norwich Union policy excess of 100 pounds before his home insurance claim can be dealt with. Does anyone know if this is standard practice with insurance claims? It's not what I am used to because when I made a claim myself the excess was deducted from the amount I received as settlement. I am suspicious and would like to check it out with more experienced people. It seems risky for my son - what if the claim is rejected or the amount of the loss is fixed at less than the 100 pounds which he is being asked to pay?

 

More details: the claim is for a burglary, and the letter is from iVal, who say they have been asked by the insurance company to administer the settlement of the claim.

 

Thanks!

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thank you, Saintly! I have searched the Norwich Union website for information and all I can find is the following from the FAQ's:

 

9. Do I receive a cheque after a claim?

Some people prefer to receive a cheque for their loss but this is becoming increasingly infrequent. Most contents insurance companies will replace items for you as they can bulk-buy. This reduces the cost of claims and ultimately helps keep premiums lower.

Home Insurance, Building Insurance, Contents Insurance | FAQ's from Norwich Union

 

I also went to the iVal website iVal - Under Construction and there is no information there because it is under construction, but there was a link to this page Visa Options

This means claims are not paid by cheque but by a plastic card. So what would happen if my son paid over the 100 pounds that he is being asked for, is that IF the claim were accepted and IF the amount agreed to be paid were over 100 pounds, the money that my son paid in cash would be returned to him in the form of a plastic card which he could only use at iVal's approved merchants.

 

At best it seems that this is not good financial practice and at worst, the policy holder may lose the money he hands over.

 

What interests me is whether this is standard practice amongst other insurers besides Norwich Union.

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Guest Aviva Support

Mary Martha

I'll find out for you and get back asap, although it does ring a bell.

 

Becca

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Guest Aviva Support

Hi

It is usual practise amongst Insurance companies to ask the customer to pay the excess up front on this type of claim. As your son is dealing with our supplier I-Val directly they will settle the difference with Norwich Union. If for example your son replaced the item himself and sent us the receipt we would issue a settlement figure and deduct the excess. You will be able to find more information in the policy documents regarding excess payments. I'd like to reassure you that I-Val are not trying to [problem] you, they are our approved suppliers.

Becca

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  • 5 months later...

I know this post dates back a bit now, but I thought I'd comment on the letter you received from iVal.

 

Unless the wording of their letters has changed - the letter states the excess amount(s) and indicates taht they will ask you to settle this directly with them during the course of the claim (usually after replacement items/vouchers are agreed - but before anything is issued).

 

iVal - Options is a Visa styled gift/voucher card - its unlikely you would receive a payout via this method.

 

iVal attempt to repalce goods directly, or provide you with vouchers to do so. They can not deduct the excess from the settlement figures without NU's authority and intervention. (How do you deduct £'x' from a physical product anyway?).

 

Either way, since you never posted again on this thread I'll assume everything worked out in the end..

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  • 2 weeks later...

Just want to add that 99.9% of insurance claim are dealt with in this way.

 

If you get a replacement TV for instance, at what point would you expect to pay your excess?

 

Very few claims are settled by cash these days, given money laundering and fraud concerns (although cash settlements are a very effective method of saving money!)

 

 

Think about what happens with car insurance. When do you pay your excess to the repairer? Before or after the repairs?

 

Legally everyone has an element of self-insurance written into their policies. This is the excess. By paying the excess you, in effect, seal the contract of the claim being accepted and allow the insurer to proceed further.

 

This is why we were always told to be very careful in requesting an excess if we thought the claim was in anyway fraudulent, as we could not give an insured the impression that the claim was "accepted".

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Just want to add that 99.9% of insurance claim are dealt with in this way.

 

Do you have data to support this? I feel it may be an overstatement. I have never paid the excess before my claim could be dealt with.

 

If you get a replacement TV for instance, at what point would you expect to pay your excess?

 

When I collected the TV or when it was delivered.

 

Very few claims are settled by cash these days, given money laundering and fraud concerns (although cash settlements are a very effective method of saving money!)

 

 

Think about what happens with car insurance. When do you pay your excess to the repairer? Before or after the repairs?

 

After.

 

Legally everyone has an element of self-insurance written into their policies. This is the excess.

 

Apart from excluded perils required as a matter of public policy, there is no legal requirement for any self-insurance. The biggest component of self-insurance is not the excess but the excluded perils and any loss that exceeds the limit of indemnity of the policy.

 

By paying the excess you, in effect, seal the contract of the claim being accepted and allow the insurer to proceed further.

 

This is why we were always told to be very careful in requesting an excess if we thought the claim was in anyway fraudulent, as we could not give an insured the impression that the claim was "accepted".

 

And further, it puts insurers on the back foot if they later wish to deny or restrict the claim in any way.

********************************************

Nothing in this post constitutes "advice" which I may not, in any event, be qualified to provide.

The only interpretation permitted on this post (or any others I may have made) is that this is what I would personally consider doing in the circumstances discussed. Each and every reader of this post or any other I may have made must take responsibility for forming their own view and making their own decision.

I receive an unwieldy number of private messages. I am happy to respond to messages posted on open forum but am unable to respond to private messages, seeking advice, when the substance of that message should properly be on the open forum.

Many thanks for your assistance and understanding on this.

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Apologies.

 

99.9% of the claims I personally settled were handled this way- both household and motor. Simply for efficiency.

 

Apart from excluded perils required as a matter of public policy, there is no legal requirement for any self-insurance. The biggest component of self-insurance is not the excess but the excluded perils and any loss that exceeds the limit of indemnity of the quote]

 

I agree Bernie. But for the "Man on the Clapham Bus" my point still stands!

 

NUI policy is to collect the xs as early as possible in the claim. Suppliers will ask for the excess before the elivery of good. Repairers will ask for the xs before the car is collected from the Insured.

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Apologies.

 

99.9% of the claims I personally settled were handled this way- both household and motor. Simply for efficiency.

 

Apart from excluded perils required as a matter of public policy, there is no legal requirement for any self-insurance. The biggest component of self-insurance is not the excess but the excluded perils and any loss that exceeds the limit of indemnity of the quote]

 

I agree Bernie. But for the "Man on the Clapham Bus" my point still stands!

 

NUI policy is to collect the xs as early as possible in the claim. Suppliers will ask for the excess before the elivery of good. Repairers will ask for the xs before the car is collected from the Insured.

 

But notably not before the claim is admitted and a settlement figure agreed upon. That is what the OP has been asked to do.

********************************************

Nothing in this post constitutes "advice" which I may not, in any event, be qualified to provide.

The only interpretation permitted on this post (or any others I may have made) is that this is what I would personally consider doing in the circumstances discussed. Each and every reader of this post or any other I may have made must take responsibility for forming their own view and making their own decision.

I receive an unwieldy number of private messages. I am happy to respond to messages posted on open forum but am unable to respond to private messages, seeking advice, when the substance of that message should properly be on the open forum.

Many thanks for your assistance and understanding on this.

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Sounds as if the claim has been accepted already and the details passed to iVal for settlement.

 

It's unlikely the OP will have any contact with a NUI office now (unless there is a problem.

 

All I'm saying is that it is normal practice for NUI to request payment of the excess before your recieve yours goods or your car repaired.

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