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    • the claimant in their WS can refer to whatever previous CC judgements they like, as we do in our WS's, but CC judgements do not set a legal precedence. however, they do often refer to judgements like Bevis, those cases do created a precedence as they were court of appeal rulings. as for if the defendant, prior to the raising of a claim, dobbed themselves in as the driver in writing during any appeal to the PPC, i don't think we've seen one case whereby the claimant referred to such in their WS.. ?? but they certainly typically include said appeal letters in their exhibits. i certainly dont think it's a good idea to 'remind' them of such at the defence stage, even if the defendant did admit such in a written appeal. i would further go as far to say, that could be even more damaging to the whole case than a judge admonishing a defendant for not appealing to the PPC in the 1st place. it sort of blows the defendant out the water before the judge reads anything else. dx  
    • Hi LFI, Your knowledge in this area is greater than I could possibly hope to have and as such I appreciate your feedback. I'm not sure that I agree the reason why a barrister would say that, only to get new customers, I'm sure he must have had professional experience in this area that qualifies him to make that point. 🙂 In your point 1 you mention: 1] there is a real danger that some part of the appeal will point out that the person appealing [the keeper ] is also the driver. I understand the point you are making but I was referring to when the keeper is also the driver and admits it later and only in this circumstance, but I understand what you are saying. I take on board the issues you raise in point 2. Is it possible that a PPC (claimant) could refer back to the case above as proof that the motorist should have appealed, like they refer back to other cases? Thanks once again for the feedback.
    • Well barristers would say that in the hope that motorists would go to them for advice -obviously paid advice.  The problem with appealing is at least twofold. 1] there is a real danger that some part of the appeal will point out that the person appealing [the keeper ] is also the driver.  And in a lot of cases the last thing the keeper wants when they are also the driver is that the parking company knows that. It makes it so much easier for them as the majority  of Judges do not accept that the keeper and the driver are the same person for obvious reasons. Often they are not the same person especially when it is a family car where the husband, wife and children are all insured to drive the same car. On top of that  just about every person who has a valid insurance policy is able to drive another person's vehicle. So there are many possibilities and it should be up to the parking company to prove it to some extent.  Most parking company's do not accept appeals under virtually any circumstances. But insist that you carry on and appeal to their so called impartial jury who are often anything but impartial. By turning down that second appeal, many motorists pay up because they don't know enough about PoFA to argue with those decisions which brings us to the second problem. 2] the major parking companies are mostly unscrupulous, lying cheating scrotes. So when you appeal and your reasons look as if they would have merit in Court, they then go about  concocting a Witness Statement to debunk that challenge. We feel that by leaving what we think are the strongest arguments to our Member's Witness Statements, it leaves insufficient time to be thwarted with their lies etc. And when the motorists defence is good enough to win, it should win regardless of when it is first produced.   
    • S13 (2)The creditor may not exercise the right under paragraph 4 to recover from the keeper any unpaid parking charges specified in the notice to keeper if, within the period of 28 days beginning with the day after that on which that notice was given, the creditor is given— (a)a statement signed by or on behalf of the vehicle-hire firm to the effect that at the material time the vehicle was hired to a named person under a hire agreement; (b)a copy of the hire agreement; and (c)a copy of a statement of liability signed by the hirer under that hire agreement. As  Arval has complied with the above they cannot be pursued by EC----- ------------------------------------------------------------------------------------------------------------------------------------------------------------------- S14 [1]   the creditor may recover those charges (so far as they remain unpaid) from the hirer. (2)The conditions are that— (a)the creditor has within the relevant period given the hirer a notice in accordance with sub-paragraph (5) (a “notice to hirer”), together with a copy of the documents mentioned in paragraph 13(2) and the notice to keeper; (b)a period of 21 days beginning with the day on which the notice to hirer was given has elapsed;  As ECP did not send copies of the documents to your company and they have given 28 days instead of 21 days they have failed to comply with  the Act so you and your Company are absolved from paying. That is not to say that they won't continue asking to be paid as they do not have the faintest idea how PoFA works. 
    • Euro have got a lot wrong and have failed to comply with the Protection of Freedoms Act 2012 Schedule 4.  According to Section 13 after ECP have written to Arval they should then send a NTH to the Hirer  which they have done.This eliminates Arval from any further pursuit by ECP. When they wrote to your company they should have sent copies of everything that they asked Arval for. This is to prove that your company agree what happened on the day of the breach. If ECP then comply with the Act they are allowed to pursue the hirer. If they fail, to comply they cannot make the hirer pay. They can pursue until they are blue in the face but the Hirer is not lawfully required to pay them and if it went to Court ECP would lose. Your company could say who was driving but the only person that can be pursued is the Hirer, there does not appear to be an extension for a driver to be pursued. Even if there was, because ECP have failed miserably to comply with the Act  they still have no chance of winning in Court. Here are the relevant Hire sections from the Act below.
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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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Car insurance and closing a claim???


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Hi all a Q for you all if you can help me,

 

ive recntly had an incident on Sunday where a woman squeezed through a gap that wasnt there causig a small scratch to my rear arch i tyold the lady give me a fiver for paint and say no more she refused and said go through insurance so i phoned mine (swiftcover.com)up told then what happened,they opened a claim against her,in the meantime i have spoke to the woman we have agreed to drop the claims to save hassle and sort it privately,i told my insurance this and they said they need conformation from her so needs to ring mine up and say its sorted.I asked her to do this but she said i wouldnt bother just leave it which says to me she hasnt rang her insurance in the first case or she would want to get it sorted too.

she agreed too ring them and tell them in the end but she hasnt done and i get the impression she wont either

 

My renewal is due at the end of the month and from the original quote for renwal has gone up £200 and i have lost all my no claims off seven years due to this.

Just wondering if you can advise me on what i can do and where i stand can i close a claim whats the procedure ?

Thanks all

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Yes of course you can close the claim, as there does not appear to be any chance of the 3rd party trying to claim off your policy and you want to sort it out privately.

 

In regard to the renewal, once the claim is removed, then the Insurers will have to issue a revised renewal notice.

 

If they won't remove the claim, then all you should lose is 2 years off the max discount the Insurers allow. So should not go down to zero.

 

You could threaten the lady concerned with taking this to solicitors with the intention of using the courts instead. To avoid this, all she would need to do is phone or write to your Insurers.

We could do with some help from you.

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But do the insrance company need her say so to close the claim?

they are saying they do but when i rang yesterday the lady on the phone said she will pass a note onto her team leader to close the case,im getting 2 different rules from the same insurance company and dont know where i stand.

Im just worried i will lose my hard earned NCB for a claim that neither party are claiming for...

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Ideally Insurers would want the 3rd party to confirm no claim, as it not unknown for a 3rd party to suddenly change the story of what happened and then make a claim. Someone recently had a situation in a car park, where a 3rd party in a similar accident situation, told her Insurers a story, backed up by witnesses and then tried it on with a personal injury claim.

 

Sign of the times when you can't really trust people, to be honourable.

 

Speak to your Insurers again. If they definately want confirmation of no claim from the 3rd party, contact them to advise them of the situation, in line with my previous post.

We could do with some help from you.

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Ring your insurers and have them mark the claim 'For record purposes only'.

 

That will enable them to close their file without the third party confirming anything, your no claims will then be intact.

 

HOWEVER, please be aware that if at some future date the third party makes a claim against you for this incident then your insurers will not do anything on your behalf and you are on your own.

 

Mossy

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