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    • This is the other sign  parking sign 1a.pdf
    • 4 means that they need to name and then tell the people who will be affected that there has been an application made, what the application relates to (specificially "whether it relates to the exercise of the court’s jurisdiction in relation to P’s property and affairs, or P’s personal welfare, or to both) and what this application contains (i.e what order they want made as a result of it) 5 just means that teh court think it is important that the relevant people are notified 7 means that the court need more information to make the application, hence they have then made the order of paragraph 1 which requires the applicant to do more - this means the court can't make a decision with the current information, and need more, hence paragraph one of the order is for the applicant to do more. paragraph 3 of the order gives you the ability to have it set aside, although if it was made in january you are very late. Were you notiifed of the application or not?    
    • These are the photos of the signs. At the entrance there is a 7h free sign. On some bays there is a permit sign.  Also their official website is misleading as it implies all parking is free.  I can't be certain of the exact parking bay I was in that day, and there was no PCN ticket on my car and no other evidence was provided.  parking sign 2.pdf
    • Hi, In my last post I mentioned I had received an email from SS who were asking me to hand over the keys to my mother’s flat so they could pass them to the Law firm who have been appointed court of protection to access, secure and insure my mother’s property.  Feeling this, all quickly getting out of my hands I emailed ss requesting proof of this. I HAVEN’T HEARD BACK FROM SS.  Yesterday, I received an email (with attached court of protection order) from the Law Firm confirming this was correct (please see below a copy of this).  After reading the court of protection order I do have some concerns about it:   (a)   I only found out yesterday, the Law firm had been appointed by the court back in January.  Up until now, I have not received any notification regarding this.  (b)   Section 2   - States I am estranged from my mother.  This is NOT CORRECT    The only reason I stepped back from my mother was to protect myself from the guy (groomer) who had befriended her & was very aggressive towards me & because of my mother’s dementia she had become aggressive also.  I constantly tried to warned SS about this guy's manipulative behaviour towards my mother and his increasing aggressiveness towards me (as mentioned in previous posts).  Each time I was ignored.  Instead, SS encouraged his involvement with my mother – including him in her care plans and mental health assessments.   I was literally pushed out because I feared him and my mother’s increasing aggression towards me. Up until I stepped back, I had always looked after my mother and since her admission to the care home, I visit regularly.   .(c)    Sections -  4, 5 and 7  I am struggling to understand these as I don’t have a legal background.  I was wondering if there is anyone who might be able to explain what they mean.  It’s been a horrendous situation where I had to walk away from my mother at her most vulnerable because of; ss (not helping), scammer and groomer. I have no legal background, nor experience in highly manipulative people or an understanding of how the SS system operates, finding myself isolated, scared and powerless to the point I haven’t collected my personal belongings and items for my mother’s room in the care home.  Sadly, the court has only had heard one version of this story SS’s, and based their decision on that. My mother’s situation and the experience I have gone through could happen to anyone who has a vulnerable parent.    If anyone any thoughts on this much appreciated.  Thank you. ______________________________________________________  (Below is the Court of Protection Order)  COURT OF PROTECTION                                                                                                                                                                                   No xxx  MENTAL CAPACITY ACT 2005 In the matter of Name xxx ORDER Made by  Depty District Judge At xxx Made on xxx Issued on 18 January 2024  WHEREAS  1.     xxx Solicitors, Address xxx  ("Applicant”) has applied for an order under the Mental Capacity Act 2005.  2.     The Court notes (my mother) is said to be estranged from all her three children and only one, (me) has been notified.  3.     (Me) was previously appointed as Atorney for Property and Affairs for (my mother).  The Exhibity NAJ at (date) refers to (me) and all replacement Attorneys are now officially standing down.  4.     Pursuant to Rule 9.10 of the Court of Protection Rules 2017 and Practice Direction 9B the Applicant 2must seek to identify at least three persons who are likely to have an interest in being notified that an application has been issues.”  The children of (my mother), and any other appointed attorneys are likely to have an interest in the application, because of the nature of relationship to (my mother).  5.     The Court considers that the notification requirements are an important safeguard for the person in respect of whom an order is sought.  6.     The Court notes that it is said that the local authority no longer has access to (my mother’s) Property.  7.     Further information is required for the Court to determine the application.  IT IS ORDERED THAT  Within 28 days of the issue date this order, the Applicant shall file a form COP24 witness statement confirming that the other children of (my mother) and any replacement attorneys have been notified of the application and shall confirm their name, address, and date upon which those persons were notified.  If the Applicant wishes the Court to dispense with any further notification, they should file a COP9 and COP24 explaining, what steps (if any) have been taken to attempt notification and why notification should be dispensed with.   Pending the determination of the application to appoint a deputy for (my mother), the Applicant is authorised to take such steps as are proportionate and necessary to access, secure and insure the house and property of (my mother).   This order was made without a hearing and without notice.  Any person affected by this order may apply within 21 days of the date on which the order was served to have the order set aside or varied pursuant to Rule 13.4 of the Court of Protection Rules 2017 (“the Rules”).  Such application must be made on Form COP9 and in accordance with Part 10 Rules.              
    • Unless I've got an incorrect copy of the relevant regulation: The PCN is only deemed to have arrived two days after dispatch "unless the contrary is proved" in which case date of delivery does matter (not just date of posting) and I would like clarification of the required standard of proof. It seems perhaps this hasn't been tested. Since post is now barcoded for the Post Office's own tracking purposes perhaps there is some way I can get that evidence from the Post Office...
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    • Hello,

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      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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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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INSURANCE FRAUD???

 

 

Basically me and my gf were out in town when we came to a standstill at a set of traffic lights. We both were chatting and looking out the drivers side window at a nearby shop.

For some unknown reason my gf decided to pull off thinking the lights were green. Subsequently she bumped into the back of a 7 seater people carryer. And only been driving for a month shook terror up her. Now your thinking whats the big deal we wenrt going even 5 miles an hour. And yes there was no damage what so ever to EITHER of us..Btw she drives a 1.0 VW lupo! We exchanged fone numbers and carried on regardless..

 

A week later a letter came saying the lady wanted to claim so we filled it in and sent it on and that was the last of that. Up untill last week my gf decided she wanted a new car so we searched thru and decided to get some insurance quotes. We rang up TESCO and to our horror found out that the lady had claimed for a heart renching £2686.76p !!!!!!!!!!!. My gf in tears and we were both astounded!!

 

Im not trying to say she hit a car and doesnt want to pay bcos if the lady wanted a new bumper for a -5mile crash .. i cant even call it a crash it was a bump litterally like a kangaroo when u first learn to drive! how much is a bumper £300?

 

All in all i just want some advice really what we can do, im going to ring the insurance people tomarrow and this happend roughly 6 months ago and never thought to check because there was no damage. My gf lupo is worth £1500 btw and if we had caused £2600+ damage im sure we would NOT be alive today.

 

She's taking us for a ride over that much and we need legal advice to sue her a** because its absolute Ball!

 

PLEASE HELP!!!!

Edited by VWLupo
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This is an all to comman practice these days, after reading your comments, baring in mind i havnt seen the damage to the vehicles, i beleive this payout is over exagerated.

 

Theres a possiblity this payout me include the cost of a hire car, whilst hers is in for repair or whilst her claim is settled, theres also the question of personnal injury, have they made a payment for this ?

 

I would certanly ask some questions, exaust all the insurance company complaint channels and see how you get on.

 

Hope you get things sorted.

The retailers worst nightmare !

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It makes me laugh when I here things like this. Sorry if that sounds bad, but let me explain.

 

For each time I heard customers say "the costs are exaggerated", i heard just as many "I cant believe that much damage has been done" from the other party.

 

An insurer will not pay out for excessive repairs. And a third party insurer will not pay out for repairs that are exaggerated.

 

With respect to BBM, he wasn't present at the accident, did not examine the damage and is therefore in no position to say whether the claim is exaggerated or not.

 

There may be underlying damage that is not visible - that is quite common. There will also be other charges included in the amount charged - labour, hire vehicle, VAT etc. It will not be just the cost of a new bumper.

 

I'm sure your insurer will say the same thing. Pursue it if you must, but I doubt little will come from it.

 

And remember - it's not your money that was used to pay for it. The amounts involved in repairs should really be of little, if any consequence or concern of the insured or the third party.

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i rang up the insurance company today and they said that the women in question has not had any repairs or anything as of yet and she has been hiring a car for over 6 months now. The thing that annoys me is this cost is still mounting up and costs £55 a day for her to drive around a courtesy car and her car is driveable and legal just like my GF's. The insurance cannot see the costs for the damage as they havent been filed or dealt with yet so apparently they said the car is either in the garage for 6 months yer right!! OR its sitting outside her house in driveable condition while she drives around a new hire car! If this is the case then they said when the details of her claim come through they will see where the damage was and if they want to pay her for use of a hire car when her one is driveable.. and i dont want anymore junk from people saying the crumple zones could be damaged and stuff becuase we rolled into the back like bouncing a ball off the back of her bumper. No crossmembers bent or any of that ****.. shes taking the **** and having a hire car for no reason!

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Whatever the circumstances, the TP has a duty to mitigate losses. Driving a hire car a £55 a day for 6 months is certainly not mitigation, and it would be a brave person indeed to try to claim for that.

 

She has no chance.

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if her car is in an aproved work shop

they would provide a hire car

 

did for me

 

55 quid a day

 

whats she drivin an astin martin

 

no chance on claiming for that

 

let your insurance co do the work and stop working youself up

 

happens all the time

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Totally agree with Gizmo on this one, her claim for unisured losses (ie a hire car) will be dealt with by your Insurers, that's what you pay them to do. They will look very carefully at their claim and then ask them to justify why they needed a hire car for so long.

 

If they cannot justify it then the claim will be rejected, and by any standards that's far too long to need a hire car for.

 

Seriously, don't work yourself up, just sit back and let your Insurers sort it out, I think the other party is going to be in for a big shock

 

Mossy

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if her car is in an aproved work shop

they would provide a hire car

 

did for me

 

55 quid a day

 

whats she drivin an astin martin

 

no chance on claiming for that

 

let your insurance co do the work and stop working youself up

 

happens all the time

 

 

Not all bodyshops have courtesy cars available to all customers so the third party is entitled to hire one if required, there is case law to allow the third party to hire a comparible type vehicle, so it could well be that £55 a day is reasonable, but not for the period mentioned by the OP.

 

Mossy

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I deal with incidents like this every day, you know people are taking advantage of the situation, but there is little we can do.

 

With regard to the hire car, this would of been aranged through the Insurance company or bodyshop, it will also be charged at ABI Associatation of British Insures rates, they would have also had to had mitigating circumstancies for a like for like vehicle, ie, carrier lots of people, prams, etc.

 

At the end of the day and i know its hard, let the process take its toll, in a few months ask the insurance company for the details of whats been paid etc, then if you so wish question the matter.

 

Hope you get things sorted, keep us updated when and if anything happens.

The retailers worst nightmare !

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they would have also had to had mitigating circumstancies for a like for like vehicle, ie, carrier lots of people, prams, etc.

 

Not at all; the innocent party is entitled to like-for-like hire.

 

Take an extreme example. If I drive a Bentley and somebody runs into it, why should I have to drive around in a Ford Ka through no fault of my own?

 

I accept that I would have to mitigate my loss, but that doesn't include lowering my standards

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The vehicle in question in this thread is a 7 seater, therefore the lady who was not at fault would have had reason to aquire a like for like car, if there was no reason there, she would not of received a like for like car, unless the at fault insurance company agreed to pay for it.

 

Any hire vehicle supplied under the ABI scheme need to have mitigating circumstancies, to be honest its not that hard to make up mitigating circumstancies and most of the time the insurers do not even check.

The retailers worst nightmare !

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I think the main point here is that she has been in a hire car for 6 months. Even if it was a some steam powered piece of crap costing £1.00 a day, it's still totally unreasonable to have it for 6 months.

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Thank you.. you all have some good points.. tbh the lady drove away from the seen and so did we so her car which hasnt been fixed , looked at , booked into a garage or anything becuase we asked the insurance company. im was here to see if we could investigate the case not proclaim my GF innocence becuase she accepted liability from the onsset , its just 6 months for a hire car and have had no work done not even a quote is ridiculous. I will be foning back in a week as they said the computer updated while we were on the fone.

 

I will keep you all updated.

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Hi

 

A very similar thing has just happened to me. I was queuing at a roundabout, and the van in front started to pull away as there was a big gap in the traffic (and I mean big) so I started to pull away too. She stopped and I bumped into her car, I must have been slow as I had only travelled about 6ft from a standstill! She was by the way in a transit van and I was in a Peugoet 306.

 

We both pulled over, there was no damage to either car, and I gave her my address (more fool me).

 

Three weeks later I got a letter from a solicitor saying she is suing me for £845 (costs still rising) for health costs, insurance excess and time off due to health problems!!! I later also got a letter from her insurance, both asking for my registration number, which she hadn't taken because there was no damage!!!

 

Is there any way I can fight this, I have just lost my no claims for this year, although the claim hasn't yet gone through. I have told the insurance company I believe it is a false claim, I tapped her bumper, and that is it, I don't see how she can be claiming for more than the excess for damage that doesn't exist!

 

Can you tell I'm a bit p***** off about this!!!!

 

Will the insurance company properly look into this, and be able to tell the claim is false, or do I just have to let the insurance company deal with it and loose my 5 yrs no claims I had built up??

 

Alethea

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