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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.
    • well post it here as a text in a the msg reply half of it is blanked out. dx  
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Direct Line NCD ripoff


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Hi. I recently received my renewal notice from Direct line after one of my named drivers had a 'fault' accident right at the start of the policy. When I took out the insurance I checked the '9 years NCD' box on the internet form ( I have actually got well over 30 years without a claim ) and I now discover that this has been adjusted to 3 years NCD because of the claim. Direct line wrote that this is because they have a maximum of 5 years NCD on thier policies and I have lost two because of the claim. Seems grossly unfair that!!I realise that a claim will affect it but 6 years! I have now sent two letters ( the last one recorded delivery a nonth ago) questioning the decision but have not received a reply. Any suggestions would be most welcome. (Named driver is now insured in his own name)

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5 years is the maxium discount most insurers will give (not sure who would offer more)think LV offer 70% not sure if that also equates to 5 years.

 

although i do see your point, if you supply evidence of 9 years ncd and all docs say if you have a claim we will reduce your ncd by 2 years this shoud be 7 years.

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their website states::

 

"Every year you hold a policy in your own name without making a claim, you build up a no claims discount which saves you money.

 

If you go on to accept a policy with us, you will be asked to provide proof of your earned no claims discount.

 

This proof should be a renewal notice from your previous Insurance Company, or a letter on headed paper from the Insurance Company.

Every year you hold a policy in your own name without making a claim, you build up a no claims discount which saves you money.

 

In certain circumstances we may be able to obtain this for you.

 

N.B. This no claims discount can only be used on one policy at any one time, and must have been used on a policy within the last two years."

 

the online policy documents are also vague:

 

No Claims Discount

 

"However, if a claim is made against your policy, we may reduce your no claims discount."

 

 

Was there a scale on your schedule showing how they step back you ncd years?

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Hi Again. This looks to be another of those grey areas favoured by grey people wearing grey suits. Have found a section that states that over 50s ( thats me alright) 'may be' entitled to 70% but can't find anything definite on NCD reductions. Maybe it's dependant on the scale of the claim- if you total a roller they knock off 30% but only 10% for a beat up Punto.

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The scale of discounts for Direct Line is as follows:

 

· One year - 30%

· Two years – 40%

· Three years – 50%

· Four years – 60%

· Five years – 65%

· Five years + and p/h aged over 50 – 70%

 

This means if you have been claim free for 10 years you will be entitled to 70% discount.

 

You will loose 2 yrs ncb per claim you make. example if you have 70% (5 years or more) discount and make a fault claim, you will have 50% (3 yrs) discount at renewal. The cost of the claim does not make a difference at all.

 

After 4 years, you can protect your NCD for a small extra premium. You can make 1 claim in any year or 2 claims in any 3 year period, and you won't lose your ncb.

Edited by kayco
pncb
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Pretty standard across the board to be honest. Step back has always been applied from 5 years to 3 years regardless. Has been the case since I worked in insurance 15 yrs ago, and has been the case with DL since they started.

 

It is not a rip off, in fact if you were able to see the underwriting load due to the claim if it was indeed minor, then you would probably find DL are limiting the increase and applying some discretional discounts. In effect they will prob be competitive in renewal prices.

 

Phone ANY company, tell them you had one fault claim on the policy with an unprotected bonus which had started that year at 9 plus. Every single one will tell you it has stepped back to 3 years.

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  • 1 year later...

I started with direct line in 2007 i had 9 Years NCB,i had an accident in 2008,2010 one fault one pending since my renewal in feb 2011 i have been told my NCB is 2 Years is this Right?as both been classed as fault accidents that means i would have lost 7 years for two minor accidents,I have demanded my legit NCB they refuse too give can somebody help?

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I started with direct line in 2007 i had 9 Years NCB,i had an accident in 2008,2010 one fault one pending since my renewal in feb 2011 i have been told my NCB is 2 Years is this Right?as both been classed as fault accidents that means i would have lost 7 years for two minor accidents,I have demanded my legit NCB they refuse too give can somebody help?

 

Yes DL are correct. Although they may note the NCB as 9 years, the max NCB is usually 5 years and this is what the deduct from if you have a fault claim. So you were knocked back 4 years for the 2 fault claims and have gained a year for a year you were claim free for.

 

You can work it out for yourself, as you know the claim dates and the dates the policy runs from. Just ignore 9 years and deduct from 5 years.

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Plenty of insurance products offer up to 10 or 11 years NCD now, and plenty of others, even though their discount doesn't increase once you go beyond 5 years, will still use a higher number with regard to calculating step-back.

 

You should always read the policy booklet before purchasing insurance.

 

 

If you are unhappy with how your NCD has been stepped back then find a broker / insurance company that will make an exception.

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