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    • I found that the parkin attended has a car with CCTV camera on it, however as I stated earlier, it seems that he did not take video of my car otherwise they would have stated so in the SAR. parking car .pdf
    • The rules state that "approved devices may only be used in limited circumstances"  I was not a threat. I was not present. I did not drive away. I think he has not fulfilled the necessary requirements justifying issuing me a PCN by post therefore the PCN was issued incorrectly and not valid.  What are your thoughts?  
    • I have also found this:  D.2 Service of a PCN by post: 54) There are some circumstances in which a PCN (under Regulation 10) may be served by post: 1) where the contravention has been detected on the basis of evidence from an approved device (approved devices may only be used in limited circumstances) 2) if the CEO has been prevented, for example by force, threats of force, obstruction or violence, from serving the PCN either by affixing it to the vehicle or by giving it to the person who appears to be in charge of that vehicle 3) if the CEO had started to issue the PCN but did not have enough time to finish or serve it before the vehicle was driven away and would otherwise have to write off or cancel the PCN 55) In any of these circumstances a PCN is served by post to the owner and also acts as the NtO. The Secretary of State recommends that postal PCNs should be sent within 14 days of the contravention. Legislation states that postal PCNs must be sent within 28 days, unless otherwise stated in the Regulations. This from London Councils Code of Practice on Civil Parking Enforcement.  The question is what is an approved device? Certainly, he had the opportunity to place the ticket on my car and I didn't drive away.  I looked further and it seems that an approved device is a CCTV camera - It seems that the photos taken were not actual film but images and it is not clear if they are taken from a video or are stills. I'm guessing if it was moving images then the SAR would have stated this.    From the Borough of Hounslow website: "There are two types of PCN issued under the Traffic Management Act 2004, which governs parking contraventions. The first is served on-street by a Civil Enforcement Officer, who will observe a vehicle and collect evidence before serving the PCN either by placing it in a plastic wallet under the windscreen wiper, or by handing it to the driver. The second is a PCN served by post, based on CCTV footage taken by an approved device, which has been reviewed by a trained CCTV Operator."   From Legislation.gov.uk regarding approved devices: Approved Devices 4.  A device is an approved device for the purposes of these Regulations if it is of a type which has been certified by the Secretary of State as one which meets requirements specified in Schedule 1. SCHEDULE 1Specified requirements for approved devices 1.  The device must include a camera which is— (a)securely mounted on a vehicle, a building, a post or other structure, (b)mounted in such a position that vehicles in relation to which relevant road traffic contraventions are being committed can be surveyed by it, (c)connected by secure data links to a recording system, and (d)capable of producing in one or more pictures, a legible image or images of the vehicle in relation to which a relevant road traffic contravention was committed which show its registration mark and enough of its location to show the circumstances of the contravention. 2.  The device must include a recording system in which— (a)recordings are made automatically of the output from the camera or cameras surveying the vehicle and the place where a contravention is occurring, (b)there is used a secure and reliable recording method that records at a minimum rate of 5 frames per second, (c)each frame of all captured images is timed (in hours, minutes and seconds), dated and sequentially numbered automatically by means of a visual counter, and (d)where the device does not occupy a fixed location, it records the location from which it is being operated. 3.  The device and visual counter must— (a)be synchronised with a suitably independent national standard clock; and (b)be accurate within plus or minus 10 seconds over a 14-day period and re-synchronised to the suitably independent national standard clock at least once during that period. 4.  Where the device includes a facility to print a still image, that image when printed must be endorsed with the time and date when the frame was captured and its unique number. 5.  Where the device can record spoken words or other audio data simultaneously with visual images, the device must include a means of verifying that, in any recording produced by it, the sound track is correctly synchronised with the visual image.
    • Hearing took place today.  Case dismissed with costs awarded. Neither UKPC or a representative turned up.  Apparently they messaged the court on 7 May asking for their case to be considered on paper.  Never informed me, which was criticised by the judge as not following procedure.  I was really annoyed as I would have preferred for the case to be thrown out before the hearing, or at least face them in court and see them squeal.   They are just playing a numbers game and hope you blink 1st!   Ended up having to change my flight, but  the costs awarded softens the blow. Was asked to confirm it was my signature on both the witness statement and supplementary statement.  Wasn't asked to read them, said she could see my arguments made and the signs were insufficient and no contract formed. Took maybe 10 mins in total.  Judge did most of the talking and was best for me just to keep quiet or confirm any statements made. Happy to have won as a matter of principle and have costs awarded. Maybe not worth all the time and hassle for any newbies or the technologically challenged.  But if you are stubborn like me and willing to put in the time and effort, you can beat these vultures! I big shout out to everyone who helped on the thread with their advice and guidance, special mention to FTMDave, thank you sir!  Really appreciate everyone's efforts. All the best!
    • I plan to be honest to avoid any further trouble, tell them that the name should be changed to my official name
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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.

      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.
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      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

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Can anyone help with a possible assurance?


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A couple of years ago I received a letter from a firm of solicitors informing me that there was a policy in my name. All I had to do was quote the policy number and the funds would be paid to me. I had no knowledge of any policy and thew the letter away.

 

On discussing the letter with my dad I was told that my late Grandfather worked for the company mentioned and that he took out a policy for me why I was born. It would therefore appear that there is a policy in my name.

 

Does anyone know if there is any method of tracing any such policy that I may have? I do not know of any policy number but have heard that by providing certain details to some organisation or something similar a search can be completed.

 

With thanks

 

Dave

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Do you or your father have any recollection of which insurer the policy was with?

 

If not, it is still possible to search for it, but it will be a bit harder. Here is the website of the Unclaimed Assets Register: Unclaimed Assets Register: Find Your Lost Pensions, Lost Assets, and Lost Money They will be able to do a search for you.

 

However, if you do remember the insurer's name, it will be best to contact them directly.

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LemonTwist,

 

Thank you for your reply. As far as I can remember I think that it was a company that he worked for or had links with. I am not sure if, following my birth, he opened the policy through work.

 

Either way, once again thank you, I will speak with my dad.

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I know that when my father died I asked the insurance company if he had took out any other policies besides the ones I was aware of .I was informed that without a policy number it was near impossible to search as they had millions of them .There must be some way,as there is with old bank accounts , and I hope someone comes along soon and tells you :).

When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

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I know that when my father died I asked the insurance company if he had took out any other policies besides the ones I was aware of .I was informed that without a policy number it was near impossible to search as they had millions of them .There must be some way,as there is with old bank accounts , and I hope someone comes along soon and tells you :).

 

It is still possible without a policy number, it's just that it may take longer. It all depends how much other information you're able to provide. If they are old policies, they may have originally been on paper records, but they would probably have been transferred to a computer system in more recent years, so that should make it easier for them to search through the archives.

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That's strange. I got a letter some years back from some financial place saying that shares were left to me (they had my full name) and to call them. However at the time I had several DCAs chasing me and I thought it was them trying to catch me out.

 

Always wondered whether it was genuine or not

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  • 4 weeks later...

Thank you for all your help. I have applied to the unclaimed asset register and am considering the fee of twenty five pounds. When the policy was taken out my grandad would have been either working for Tate and Lyle Sugar Refineries or in his own engineering business. It will have started with the old pounds, shillings and pence and will, if still about, be very small.

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That's strange. I got a letter some years back from some financial place saying that shares were left to me (they had my full name) and to call them. However at the time I had several DCAs chasing me and I thought it was them trying to catch me out.

 

Always wondered whether it was genuine or not

 

Why not go through the checking process. Hopefully, it might work out.

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I know that when my father died I asked the insurance company if he had took out any other policies besides the ones I was aware of .I was informed that without a policy number it was near impossible to search as they had millions of them .There must be some way,as there is with old bank accounts , and I hope someone comes along soon and tells you :).

 

Janet, there might be a way to search if there were any. It would be worth a try.

 

I will see what I can find out re a search organisation and maybe, just maybe!!:)

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  • 2 weeks later...
Janet, there might be a way to search if there were any. It would be worth a try.

 

I will see what I can find out re a search organisation and maybe, just maybe!!:)

 

I know my father would of only used either of 2 companies , Royal Liver or Co-Op .

 

sorry for temp hi-jack Dave882 :)

 

Will you let us know how you get on with this please Dave882 .

When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

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Some further information:

 

If you have no policy number- write to the insurance/ assurance customer services department (or their successor) and include details of the policyholder's name, date of birth and address where payment was last made from. Plus, if you have them, the policy number and the method of payment, for example, was it direct debit or door-to-door?

 

If you have no information at all but suspect that a life assurance policy exists you can contact the Find Your Lost Assets and Pensions Yourself- a database of unclaimed life policies, pensions, unit trust holdings, and share dividends from many companies, including the Prudential. The UAR charges £18 for each search.

 

As its a paid for search at £18, be on safe side and get them to check for anything.

 

Also, ring the Association of British Insurers (020 7216 7455). That should take you through to lost policies, might try there first before UAR. If they can't help, ask them how you would go about it.

 

If the policies were up to date it appears there is no time limit on paying out to an estate.

 

Hope something comes from this. Please update to let us know how you both get on

Edited by kennythecelt
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Edited by Janet-M

When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

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