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    • I have just read the smaller print on their signs. It says that you can pay at the end of your parking session. given that you have ten minutes grace period the 35 seconds could easily have been taken up with walking back to your car, switching on the engine and then driving out. Even in my younger days when I used to regularly exceed speed limits, I doubt I could have done that in 35 seconds even when I  had a TR5.
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    • Thank you for posting up the results from the sar. The PCN is not compliant with the Protection of Freedoms Act 2012 Schedule 4. Under Section 9 [2][a] they are supposed to specify the parking time. the photographs show your car in motion both entering and leaving the car park thus not parking. If you have to do a Witness Statement later should they finally take you to Court you will have to continue to state that even though you stayed there for several hours in a small car park and the difference between the ANPR times and the actual parking period may only be a matter of a few minutes  nevertheless the CEL have failed to comply with the Act by failing to specify the parking period. However it looks as if your appeal revealed you were the driver the deficient PCN will not help you as the driver. I suspect that it may have been an appeal from the pub that meant that CEL offered you partly a way out  by allowing you to claim you had made an error in registering your vehicle reg. number . This enabled them to reduce the charge to £20 despite them acknowledging that you hadn't registered at all. We have not seen the signs in the car park yet so we do not what is said on them and all the signs say the same thing. It would be unusual for a pub to have  a Permit Holders Only sign which may discourage casual motorists from stopping there. But if that is the sign then as it prohibits any one who doesn't have a permit, then it cannot form a contract with motorists though it may depend on how the signs are worded.
    • Defence and Counterclaim Claim number XXX Claimant Civil Enforcement Limited Defendant XXXXXXXXXXXXX   How much of the claim do you dispute? I dispute the full amount claimed as shown on the claim form.   Do you dispute this claim because you have already paid it? No, for other reasons.   Defence 1. The Defendant is the recorded keeper of XXXXXXX  2. It is denied that the Defendant entered into a contract with the Claimant. 3. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. 4. In any case it is denied that the Defendant broke the terms of a contract with the Claimant. 5. The Claimant is attempting double recovery by adding an additional sum not included in the original offer. 6. In a further abuse of the legal process the Claimant is claiming £50 legal representative's costs, even though they have no legal representative. 7. The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all. Signed I am the Defendant - I believe that the facts stated in this form are true XXXXXXXXXXX 01/05/2024   Defendant's date of birth XXXXXXXXXX   Address to which notices about this claim can be sent to you  
    • pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’.  Choose ‘Create sign in details’ to register for the first time.  You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID.  You should make a note of your memorable word, or password as these are not included in the email.<<**IMPORTANT**  then log in to the bulk court Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .get a CPR 31:14 request running to the solicitors https://www.consumeractiongroup.co.uk/forum/showthread.php?486334-CPR-31.14-Request-to-use-on-receipt-of-a-PPC-(-Private-Land-Parking-Court-Claim type your name ONLY no need to sign anything .you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform.
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Can I have my own contractor do insurance work?


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I have had a recent large house fire in which I have employed an insurance assessor. We are now about four months into the claim and my assessor has been getting quotes for the work.

 

From day one I explained to the assessor I want to arrange my own builders to do the work. He seemed to have no problem with this up to now.

 

He keeps trying to put me off the idea for different reasons, however I think it is likely because he gets a bigger commission from the builders he has chosen compared to the commission we agreed on at the start.

 

My initial query is am I in my right to be able to say who does my insurance repair work?

 

I know the insurance co. would normally choose the cheapest quote, so should I be able to ask my assessor for a copy of the cheapest quote he has so I can see if my contractor can better this? I have actually asked him for this and he just says he can't, but surely as it is my house and in theory me who is paying him I have a right to see anything he does and arranges for me.

 

I feel that the assessor is just thinking of himself and not helping me as I expected, trying to make as much money for himself.

 

Anyone experienced with this I would really appreciate some help

 

Kind Regards

 

Symeon

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OK nobody (read that as assessor, insurance company, broker etc) can insist that you use a particular contractor. Most insurers have a few appointed contractors who they prefer to deal with (and get a discount from), but at the end of the day you have an insurance policy, that's a contract, the terms of which (in simple terms are, you pay a premium, they pay out for a claim).

 

So in answer to your question, YOU decide who you want to do the repairs, what the assessor is saying is bollox about he won't tell you the figures, and the way around that is to do the following

 

1) Get your contrcator to give you an estimate

 

2) send that in to your insurance company with a letter informing them that this is the company who will do the work, if their estimate is higher than others submitted you will pay the difference. That way they have no argument and you get to know what the other firm quoted.

 

If they give you any hassle post back and we'll advise further

 

Mossy

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Hi Symeon,

 

I have had this row with insurance companies several times. My argument has always been that my own builders are trustworthy, can be left in the house on their own and so on. You do have to allow their tradesman/men to give a quote though. I had an absolute ****** once who asked me if the walls were lined. :rolleyes: Presumably he expected me to say I didn't know and he would then just strip the lining paper and paint the plaster. Why would anyone have a total con-artist/idiot like that in their house? (As I pointed out to the insurance company - he was either a con-artist or completely incompetent.) They may be able to insist that they will only pay your costs up to the limit of their own builders' quote but I would happily accept that - provided it is reasonable. If it isn't you can always threaten them with the insurance ombudsman.

 

Daniella

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Wow, I think I managed to blink!! Thanks for the replies.

The actual builder is my uncle, he has a large construction company and I normally get him to do all my building work. As you said Daniella I know I can trust him and his tradesman, and I feel a lot more comfortable with him.

Bollox is exactly what I thought, how would you think it best to word to my assessor that I want a copy of the quotes he has? When I asked him he made out he would be breaking the law if he gave me them.

A question my uncle asked however as he has not done an insurance claim this big (maybe 130K +) is how is payment made. Would the insurance company pay on a lump sum payout or would it be interim payments based on completion of different steps of the total works involved? Could I request a lump sum, or is this up to the insurance company?

Another thing my assessor has told me is that I can't be the one to make my contents list as the insurance company would not accept it and he has to employ a third party company to go in and itemise everything. I actually think yet again this is just so he can make more money out of my claim. Surely it is obvious that I would be the best one to list all items, as some are so badly damaged they are unrecognizable.

Final question -- Is my assessor a @@nker.. I'm beginning to think so!!!

Again thanks Mossy and Daniella for the fast response.

Regards

Symeon.

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Insurers normally pay out on completion of the work, however you can ask them for a payment in lieu, ie the cost of the repairs exclusive of VAT and then they will pay the VAT on receipt of an invoice.

 

The assessor does not have to give you the quotes obtained from other sources but the insurers will tell you what the quote totalled if it is lower than your preferred contractor.

 

The assessor is again talking bollox about a contents list, the policy holder compiles this initially, if there any queries then somebody may be sent to clarify/inspect. As you state some items are so badly damaged that nobody without prior knowledge could identify them.

 

If you hit problems with the assessor speak to the claims manager, don't threaten ombudsman at this stage you will only put their backs up needlessly at this stage, if a policyholder came straight onto me threatening that I'd be less than understanding and a lot more rigid dealing with their claim.

 

Mossy

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