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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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I knocked someones car but he claimed for a lot more and now my insurance has gone from £400 to £900 - help!


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Back in June I knocked into a stationary vehicle in a car park. I waited for the guy to come back and apologised straight away. (when its your fault in life own up)

 

He was initially annoyed (fair enough) but went on to tell me that someone else had knocked into his car recently and caused £600 worth of damage (the other driver had sped off and hed already had a quote for the work). I cant remember the exact wording of the next bit - but it was understood that I would pay whatever it cost on top of that to fix the area (bumper / side corner area)

 

We exchanged details. I told my insurance company what had happened and the previous damage. There were also photos taken at the time that I forwarded on (not sure if they were actually any help)

 

Next I hear his insurance company has approached mine with a bill for £700. The total amount for fixing his car. I brought up the matter of the previous damage - couple of conversations between insurance companies - his asking him directly if there was any previous damage and him saying no.

 

I told my insurance company that there was a friend with me (we were walking our dogs in the park) who had heard the whole conversation - in fact she was the one that took the pictures. She is a responsible, respectable person who was happy to make a statement.

 

I was told by the insurance company that as it was someone who knew me - they couldnt be seen as an impartial person and they ended up paying the whole amount to his insurance company.

 

I have just received my new insurance quote. Last year it was £437 and now that I have lost my 3 years no claims bonus (I have been driving for much longer but have only owned a small van for 3 years (practicality for my dogs muddy feet) and insurance starts again for vans) but I also have this £700 fault against my name this year. My insurance quote is now £960.

 

Is there anything I can do. Does anyone have advice for any further action I can take?

 

I believe in taking responsibility for your actions - but I am being cheated here out of a lot of money and I dont know what to do. If £100 was down to me then I could have just paid that amount directly and not lost my no claims bonus. But as it stands it will cost me around £500 this year and more again on the consequent years of insurance.

 

Sorry for this being a long one but I really am lost. My insurance is due on 7th Jan. Is this a Civil law issue?

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Guest Old_andrew2018

Sorry IMHO your insurance company have raised your premium because of the accident, I dont think the amount of damage or the cost of the claim has a direct effect on the decision.

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Thanks for getting back Andrew.

 

To my understanding (and the advice I was given at the time) it is a legal duty to report an accident whether or not a claim is made - and thats what I did.

 

I had a conversation with the insurance company at the start about whether I would lose my NCB if I paid any fix extra costs myself and they said no.

 

So even if I had been penalised for having an accident I would still have 3 years NCB intact (4 for this new qoute)

 

?

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Hi,

 

You need to look in detail at what the policy said. Do you have any legal cover that you could consult?

 

I'm afraid this happens all the time and you are not supposed to admit any liability, just exchange details, however honourable it may seem at the time.

 

If you aren't happy, make a complaint in writing to your insurance company. Also check the reg. no. against the tax database of the car you hit and try to find out if the vehicle was repaired.

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As has already been pointed out, it was NOT the amount that was paid out that affected your no claims discount (and your subsequent rise in premiums) but the claim itself.

 

A no claims discount is just that, it's a discount for NOT making a claim, and whilst you are quite correct that you must report all accidents to your insurers you can notify them of the accident and then choose to deal with the damage claim yourself.

 

In this situation I would have told my insurers of the accident, but marked it 'for record purposes only' and then dealt with the minor repairs to the other car pesonally. That would have meant the other person was dealing with your directly for the repairs and because you knew of the existing damage you could have excluded it from what you paid out.

 

Mossy

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