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    • Well we can't predict what the judge will believe. PE will say that they responded in the deadline and you will say they don't. Nobody can tell what a random DJ will decide. However if you go for an OOC settlement you should still be able to get some money
    • What do you guys think the chances are for her?   She followed the law, they didnt, then they engage in deception, would the judge take kindly to being lied to by these clowns? If we have a case then we should proceed and not allow these blatant dishonest cheaters to succeed 
    • I have looked at the car park and it is quite clearly marked that it is  pay to park  and advising that there are cameras installed so kind of difficult to dispute that. On the other hand it doesn't appear to state at the entrance what the charge is for breaching their rules. However they do have a load of writing in the two notices under the entrance sign which it would help if you could photograph legible copies of them. Also legible photos of the signs inside the car park as well as legible photos of the payment signs. I say legible because the wording of their signs is very important as to whether they have formed a contract with motorists. For example the entrance sign itself doe not offer a contract because it states the T&Cs are inside the car park. But the the two signs below may change that situation which is why we would like to see them. I have looked at their Notice to Keeper which is pretty close to what it should say apart from one item. Under the Protection of Freedoms Act 2012 Schedule 4 Section 9 [2]a] the PCN should specify the period of parking. It doesn't. It does show the ANPR times but that includes driving from the entrance to the parking spot and then from the parking place to the exit. I know that this is a small car park but the Act is quite clear that the parking period must be specified. That failure means that the keeper is no longer responsible for the charge, only the driver is now liable to pay. Should this ever go to Court , Judges do not accept that the driver and the keeper are the same person so ECP will have their work cut out deciding who was driving. As long as they do not know, it will be difficult for them to win in Court which is one reason why we advise not to appeal since the appeal can lead to them finding out at times that the driver  and the keeper were the same person. You will get loads of threats from ECP and their sixth rate debt collectors and solicitors. They will also keep quoting ever higher amounts owed. Do not worry, the maximum. they can charge is the amount on the sign. Anything over that is unlawful. You can safely ignore the drivel from the Drips but come back to us should you receive a Letter of Claim. That will be the Snotty letter time.
    • please stop using @username - sends unnecessary alerts to people. everyone that's posted on your thread inc you gets an automatic email alert when someone else posts.  
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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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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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woman over white line hits us


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well been stung by a lady drinking.

we was on our way home Helen driving (named driver)

Helen started taking a right hand bend the long side.

woman coming down to wards us is over the white line car in front swerves and carrys on bang our wing mirror gone. Helen slams on brakes stops the car then i get out other woman trying to drive of.

catch up with her grab the keys she is rude and obnoxious claiming we had hit her. police called as she refused to give details police come details given she is breath tested and only just passed as she had been drinking.

she said to me she would pay cash for mirror etc that was sat night today wed get a letter in from AA insurance she is claiming for drivers wing mirror and wing on her 306. funny thing is police noted damage to cars 306 none maybe a scratched mirror ours wing plastics around arch and mirror and small scratch on rear panel. so i ring Quinn where now claiming for mirror arch and paintwork on rear of quarter panel. where going full swing i got photos of the lane and found the glass for the mirror at the side of the road near impact so that Tally's photos etc. does any one happen to know the main dealer price for black arch and a color coded wing mirror.

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well i just rang the woman she is going to sighn a letter with her name on to let it drop she admited no damige again on her car. i said as long as she drops it then i will drop it i also told her that there was police notes noting damige to our car and not hers. i have had ours fixed keeping the old parts and it cost us a grand total of £20 to fix as its a old car not worth going throu the insurance for this amount or even genuwin new parts as car will be lucky to last one year.

any one have any idears on a letter i can type of to say that both partys are taking no action so we can send this to our insurance companys if there pesuing us.

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You need to check your policy, if you've got MLP then your next course of action should be to A/ cease all communication with the other parties insurers and them direct and B/ ake a claim under the MLP and let them do their work, it's what you paid them for (assuming you have MLP) in my experience speaking to the other sides insurers is an absolute non starter, they're there to protect the interest of their insured and of course themselves, the more you tell them the more chance they'll have of finding a route out of paying you.

 

Sit down, write down the basics of your claim so as not to forget anything at a later date and keep it to hand and then make a claim

 

See here for a reference

Moneysupermarket.com - LEGAL PROTECTION

  • Haha 1

I reside in Dawlish Warren but am not a rabbit.

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the only contact from her insurance was a letter to state a claim started for wing mirror when i spoke to her today she had sent the forms of to her insurance company stating no cost as her car was ok so over the next few days i soppose i will find out if she has told the truth. to be honest it would be far more simple to let the whole matter drop than rather risk 50 50 as in most cases its how the claims go for this sort of thing.

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