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    • Thanks @lolerzthat's an extremely helpful post. There is no mention of a permit scheme in the lease and likewise, no variation was made to bring this system in. I recall seeing something like a quiet enjoyment clause, but will need to re-read it and confirm. VERY interesting point on the 1987 Act. There hasn't been an AGM in years and I've tried to get one to start to no avail. However, I'll aim to find out more about how the PPC was brought in and revert. Can I test with you and others on the logic of not parking for a few months? I'm ready to fight OPS, so if they go nuclear on me then surely it doesn't matter? I assume that I will keep getting PCNs as long as I live here, so it doesn't make sense for me to change the way that I park?  Unless... You are suggesting that having 5 or so outstanding PCNs, will negatively affect any court case e.g. through bad optics? Or are we trying to force their hand to go to court with only 2 outstanding PCNs?
    • That is so very tempting.   They are doing my annual review as we speak and I'm waiting for their response once I have it I will consider my next steps.    The debt camel website mentioned above is amzing and helping to. Education me alot    
    • Sending you a big hug. I’m sorry your going through this. The letters they send sound aweful, and the waiting game for them to stop. But these guys seem so knowledgable and these letters should stop. Hang in there, and keep in touch. Don’t feel alone 
    • In my time I've never seen a payout/commission from a PPC to a landlord/MA. Normally the installation of all the cameras/payment of warden patrols etc is free but PPCs keep 100% of the ticket revenue. Not saying it doesn't happen mind. I've done some more digging on this: Remember, what your lease doesn't say is just as important as what it does say. If your lease doesn't mention a parking scheme/employment of a PPC/Paying PCNs etc you're under no legal obligation to play along to the PPC's or the MA's "Terms and conditions". I highly doubt your lease had a variation in place to bring in this permit system. Your lease will likely have a "quiet enjoyment" clause for your demised space and the common areas and having to fight a PPC/MA just to park would breach that. Your lease has supremacy of contract, but I do agree it's worth keeping cool and not parking there (and hence getting PCNs) for a couple months just so that the PPC doesn't get blinded by greed and go nuclear on you if you have 4 or 5 PCNs outstanding. At your next AGM, bring it up that the parking controls need to be removed and mention the legal reasons why. One reason is that under S37(5b) Landlord and Tenant Act 1987,  more than 75% of leaseholders and/or the landlord would have needed to agree, and less than 10% opposed, for the variation to take place. I highly doubt a ballot even happened before the PPC was bought in so OPS even being there is unlawful, breaching the terms of your lease. In this legal sense,  the communal vote of the "directors" of the freehold company would have counted for ONE vote of however many flats there are (leases/tenants) + 1 (landlord). It's going to be interesting to see where this goes.  
    • @Whyisitthisthank you very much for asking. I am still feeling anxious, especially when someone rings the doorbell, or when I receive a letter I feel a it paranoid. I stopped going to the shops unless I really have to. I shop online now. When I see security I feel paralised. 
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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.

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Privilege Car Insurance Claim...


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I was in Tesco petrol station when someone crashed into the side of my car.

 

The TP appologised to me and my boyfriend and admitted she didn't look properly before pulling away from the pump.

 

I contacted my insurance co to notify them of the incident as did the TP.

 

Since then my car has been assessed by my insurance companies engineer who has reported that the car "appears" to have had the suspension modified. I have owned the car since 2001 and never had any adjustments made to the car. Because of this, the insurance company want me to pay an additional £121 premium and have increased my excess from £350 to £800!

 

I have closed my claim for the time as I am not prepared to pay £800 excess, why have my insurance company made it this difficult for me when the liability lies with the TP?

 

I don't know how to prove that i was unaware of this so called modification. I'm not knowledgeable about cars and wouldn't know where to start!

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Have you asked them what adjustments have been made to the car since you took out the policy with them???AS their are none.

 

And also aske them to show them to what differences their are between the delcoration you made when the policy was taken out and between the assesor(?) and the policy now.

 

I rerfused to pay my excess when hit by a third party last Jan see post problems with endsleigh insurance(still ongoing) and tell them that it was the third parties fault get the third to admit it and your insurance should claim it back from the 3rd party.

Edited by Gary29

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Did you buy the car 2nd hand?

Could it have been modified by the previous owner?

Insurers should only have an issue with this if it has been modified not if it just appears to have been modified.

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

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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Thanks for the reply, I did buy the car second hand, it was 2 years old and had one previous owner before me. It is possible that it could have been modified before I bought it but I was not told so by the main dealer. I am getting nowhere fast with this company...I have had to re-open the claim whilst the liability issue is sorted out.

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Have you asked the dealer to confirm whether it had been modified?

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

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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Have you not considered contacting the third party's insurance company direct to make a third party claim directly with them. If their insured has told them what has happened and accept liability, you won't have to pay a penny and the insurer will more than likely instruct their own garage to repair your vehicle.

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  • 2 weeks later...

I contaced the OP insurer but they are disputing liability for the accident and therefore not able to deal directly with me?

 

I tried to speak with the dealer but as i bought the car more than 8 years ago they cannot confirm!

 

Still not heard from either insurance company....

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As Gyzmo said, the issue isn't the claim, its with a suspected modification to the vehicle which allegedly hasn't been disclosed to the insurer.

 

All that's happened is that rather than void the policy, privilege have amended the policy to include the fact that the vehicle has been modified (lowered suspension) and then applied the relevant terms (the £450 compulsory XS) and then asked you for an additional premium to cover the change in the risk.

 

All of which they are within their rights to do. They are also within their rights to delay the claim until the issue has been settled.

 

It really comes down to whether the car is modified or not.

 

If it is, then you don't really have much choice other than to accept the new terms of the policy, pay the additional premium and get the claim sorted out as you should have disclosed the modification to the insurer when you took the policy out.

 

In the long run it sounds like you should get your XS back from the other parties insurer anyway.

 

Hope this helps

 

 

 

D.A

If you find the advice I give is useful, then please feel free to click the scales :)

 

"It is better to keep your mouth closed and let people think you are a fool than to open it and remove all doubt" :)

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