Jump to content


  • Tweets

  • Posts

    • 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.  
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

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

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

Car Insurance Scams - Staged Car Accidents


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5252 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Just after I posted my first reply on here, the wife of the man who crashed into me phoned me(the police told us not to contact each other :???: ), and she said she has got a quote from a local garage and it isn't going to cost much to fix her car, so she asked me if we would just go our separate ways and not go through the insurance because both parties will deny liability. Hmm, if he was so adamant it was my fault then why wouldn't he want to go through the insurance?? Is she just being decent or does she know she'll lose?

 

 

NO SHE IS NOT BEING DECENT.

 

The fact is that they tried to engineer an accident to blame you but their plans have been scuppered by an independent witness. Tell her in no uncertain terms that you hold them responsible and you will be claiming off of them

 

The only reason they want this to go away quietly is because their plan to rip you/your insurers went wrong.

 

Advise your insurers of all the facts and then make sure they pay up, if the witness hadn't been there you can be damn sure they'd be trying to make you pay up.

 

Mossy

Edited by Mossycat
Link to post
Share on other sites

OK now think about everything it has cost you

 

1) Damage to your car, if you are comprehensive then your insurers will pay for that and then they'll claim it back from the other persons insurance, if you have an excess you have to claim that back direct

 

2) Whilst your car is in for repairs, you may need a hire car OR claim loss of use and general inconvenience

 

3) Out of pocket expenses, ie phone calls, time spent, postage, mileage etc, so keep a note of anything that you do and a log of phone calls

 

By claiming off of them you will notch a claim on their insurance which will be recorded (so if they are staging more accidents in future it will stand out that they are having above average accidents).

 

Also tell your insurers everything you have told this forum about the circumstances and your feelings that it was staged.

 

If you get stuck with anything post back and we'll help you

 

Now go get the con-merchants!!!!!!!!!!!

 

Mossy

Link to post
Share on other sites

What benefit would there be when I tell the insurers I have spoken about this on CAG?

 

I didn't mean mention CAG, what I meant was give your insurers all the information you have given us, because it's clear it was an attempted [problem] from your OP.

 

Mossy

Link to post
Share on other sites

Because I'm only 24 and wanted to get a good insurance quote, I am fully comprehensive by the way, I have a voluntary excess of £600, and was told that I have young drivers excess aswell, £200, so I would have to pay £800 out of my own pocket to get the bumper fixed and I'm guessing it will take months to get that back! I am entitled to a courtesy car though as part of my policy while it's being fixed.

 

 

OK try this

 

Get some quotes for the repairs, send them to the other party and explain you don't have the money to get the repairs done first and tell them you want a cash in lieu of repair settlement (that way they send you the money and you decide if and when to get the repairs done). State in the letter that you have an independent witness who confirms you were stationary and that they are totally liable for the damage and associated costs.

 

If it's just a bumper then maybe the [problem] artists will pay it rather than go through their insurers, which would be poetic justice.

 

And add on what it's cost you in out of pocket expenses (phone calls etc)

 

Mossy

  • Haha 1
Link to post
Share on other sites

they're saying that this is a 50/50 claim so you're unlikely to recover anything from the third party.

 

 

That's totally wrong

 

If it's settled on a 50/50 basis the OP will recover 50% of whatever he is claiming, hence why it's called 50/50 (ie each side recovers £50 of their total claim from the other)

 

Mossy

Link to post
Share on other sites

What would you advise someone in my situation Mossycat?

 

If it were me I would persue a claim for the damage, either for the actual cost of repairs or for cash in lieu of repairs.

 

The damage does not exceed your excess so your insurers will not make a payment towards your damage, but they will still deal with a claim from the other people if they decide to make one.

 

The big advantage to you making a claim is that if you are successful and the other insurers pay out 100% it then stops the other people form claiming off you at some future date (ie if the other insurers pay out in full then they accept that their insured was totally liable, therefore they would have no chance of making any kind of claim against you), you have an independent witness who I assume confirms you were stationary at the moment of impact, if that is the case then there is no argument that the other people are 100% liable and their insurers couldn't hope to defend any claim you make.

 

If you have suffered personal injuries you are free to consult or appoint any solicitor you want, just about all of them will do it without it costing you anything.

 

At the end of the day nobody can tell you what is best for you to do, that's a decision you will have to make, I said at the start of this post 'if it were me I'd do this', I've got a lot of claims experience so writing letters and hassling other insurers isn't something out of the ordinary for me.

 

Hope this helps

 

Mossy

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...