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    • Thank you. Such a good point. They did issue all 3 before I paid though. I only paid one because I didn’t have proof of parking that time, only for two others.    Unfortunately no proof of my appeal as it was just submitted through a form on their website and no copy was sent to me. I only have the reply. I believe I just put something like “we made the honest mistake of using the incorrect parking area on the app” and that’s it. Thanks again for your help. 
    • They are absolute chuckleheads. You paid but because you entered a different car park site also belonging to them they are pursuing you despite them knowing what you had done. It would be very obvious to everyone, including Alliance that your car could not have been in two places at the same time. Thank you for posting the PCN so quickly making it a pity that you appealed since there are so many things wrong with it that you as keeper are not liable to pay the charge. They rarely accept appeals since that would mean they lose money but they have virtually no chance of beating you in Court. Very unlikely that they will take you to Court given the circumstances. Just in case you didn't out yourself as the driver could you please post up your appeal.
    • Jasowter I hope that common sense prevails with Iceland and the whole matter can be successfully ended. I would perhaps not have used a spell checker just to prove the dyslexia 🙂 though it may have made it more difficult to read. I noticed that you haven't uploaded the original PCN .Might not be necessary if the nes from Iceland is good. Otherwise perhaps you could get your son to do it by following the upload instructions so that we can appeal again with the extra ammunition provided by the PCN. Most of them rarely manage to get the wording right which means that you as the keeper are not liable to pay the charge-only the driver is and they do not know the name and address of the driver. So that would put you both in the clear if the PCN is non compliant.
    • Thank you so much. Yes, I wish I had done my research and not paid. It's all for the same car park. Here is one of the original PCNs, they are all the same bar different dates. PCN-22.03.24-1.pdf PCN-22.03.24-2.pdf
    • Hi Clou, Welcome to the Forum and thank you for reading first before you posted. There seems to be many problems with Cornwall and getting a signal to use your a phone which could be why these parking companies don't use alternatives. It is a shame you paid the first one as you would probably have not had to pay that one either.  Was the car park at which you paid the same parking company as the one sending you these PCNs? On the subject of PCNs could you please post them up so we can see if they comply with the Act.
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    • 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.

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    • 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
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Buildings Insurance / House insurance


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Hi everyone,

 

looking for advice on the following.

 

a while back there some flooding from the flat, which affected the flat below.

 

I requested and received a claim form from the Local Authority. This was passed to the downstairs neighbour.

 

Have received a letter from a solicitor acting on behalf of their contents insurance company.

 

The company are looking for replacement costs, uninsured losses, and interest to date.

 

Should i be asking them to clarify whether anything has been claimed based on buildings insurance (for water damage), and trying to be asking them to breakdown what should have been a Buildings based claim from a contents based claim?

 

Any advice greatly appreciated.

 

Thanks,

Fizzy.

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Sorry I don't understand your post.

 

There was a leak in your flat upstairs, which damaged the flat down stairs.

 

Why are they writing to you?

 

The owner of the flat downstairs should have their own Contents Insurance and be making a claim under that. Only if you had been negligent in allowing the leak would they contact you about this.

 

Can you add another post to make it clearer.

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Damage to celings, walls, light fittings. Anything attached to walls. ceiling will be under the Buildings Insurance.

 

For Contents, each flat owner should have their own Contents Insurance. You are NOT responsible for your neighbour downstairs contents. If you are proved negligent, then your neighbour could try to make a claim against you. By negligent I mean, you are responsible for the leak due to a problem you have caused. Example. If you had a faulty water heater, which you knew leaked. If you did nothing to stop it leaking and it got so bad it affected your neighbour, you would have been negligent.

 

What damage are you trying to claim for ?

We could do with some help from you.

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Thanks for the clarification - unclebulgaria.

 

That there was damage isnt in dispute.

Just thought it should have been claimed under buildings (esp when i got the buildings insurance paperwork for the neighbour).

 

There had been a leak a few months earlier, different cause same result however so the negligent appears to be what the insurer is after.

 

What are the options / in relation to interest? Curious as to whether this is a standard item- especially as this is the first communication which i have received.

 

Thanks, Fizzy.

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Still confused by what you are trying to claim for? If ceilings/walls, anything attached to these have been damaged you submit claim to Buildings Insurers.

 

If you have any damaged Contents in your flat, you claim from your own Contents Insurance. The neighbour will need to claim on their own Contents Insurance, if any of their contents are damaged.

 

In regard to interest, if this is not relevant the amount will be 0%.

 

In regard to the letter received from a solicitor representing your neighbours Contents Insurers, just pass this to your Contents Insurers. Under your Contents Insurance, you have property occupiers liability cover and I am guessing that they think you were negligent and therefore liable.

 

Do you have Contents Insurance?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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