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    • I hope Lord Frost is OK. Islamists and the woke Left are uniting to topple the West ARCHIVE.PH archived 18 Apr 2024 19:12:37 UTC  
    • Ok you are in the clear. The PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4 for two reasons. The first is that in Section 9 [2][e]  says the PCN must "state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper— (i)to pay the unpaid parking charges ". It does not say that even though it continues correctly with blurb about the driver. The other fault is that there is no parking period mentioned. Their ANPR cameras do show your arrival and departure times but as that at the very least includes driving from the entrance to the parking space then later leaving the parking space and driving to the exit. It also doesn't allow for finding a parking spot: manoeuvering into it avoiding parking on the lines: possibly having to stop to allow pedestrians/other cars to pass in front of you; returning the trolley after finishing shopping; loading children disabled people in and out of the car, etc etc.  All of that could easily add five, ten or even 15 minutes to your time which the ANPR cameras cannot take into account. So even if it was only two hours free time you could  still have been within the  time since there is a MINIMUM of 15 minutes Grace period when you leave the car park. However as they cannot even manage to get their PCN to comply with the Act you as keeper cannot be pursued. Only the driver is now liable and they do not know who was driving as you have not appealed and perhaps unwittingly given away who was driving. So you do not owe them a penny. No need to appeal. Let them waste their money pursuing you . 
    • If Labour are elected I hope they go after everyone who made huge amounts of money out of this, by loading the company with debt. The sad thing is that some pension schemes, including the universities one, USS, will lose money along with customers.
    • What's the reason for not wanting a smart meter? Personally I'm saving a pile on a tariff only available with one. Today electricity is 17.17p/kWh. If the meter is truly past its certification date the supplier is obliged to replace it. If you refuse to allow this then eventually they'll get warrant and do so by force. Certified life varies between models and generations, some only 10 or 15 years, some older types as long as 40 years or maybe even more. Your meter should have its certified start date marked somewhere so if you doubt the supplier you can look up the certified life and cross check.
    • No I'm not. Even if I was then comments on this forum wouldn't constitute legal advice in the formal sense. Now you've engaged a lawyer directly can I just make couple of final suggestions? Firstly make sure he is fully aware of the facts. And don't mix and match by taking his advice on one aspect while ploughing your own furrow on others.  Let us know how you get on now you have a solicitor acting for you.
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Insurance Claim Help


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I posted on here a week or so ago regarding my insurance claim. To cut a long story short...my parked car was hit by a stolen car, driver did a runner and my car was written off. I put a claim in with my insurance and started getting all my documents ready to send them.

 

But then I get a phone call from the police who inform me they have got the person driving the car...he was the cars owner...cheeky f*cker!!! The copper gave me an occurance number but nothing else at this time as its still an open investigation. I've rang Zurich and given them this number...but to be honest, I might as well have been speaking in a language they don't understand like Enlgish. Apparently the insurance company can apply for a report from the police using this number, but nobody at Zurich seemed to have an idea what I was talking about. Has anyone got any advice so I can push them (them being a multi national insurance company!!!) in the right direction as to what to do with this occurance number.!!!

 

Also they kept insisting that I send them all my documents (licence/log book/kets etc). Surely now that someone has been caught, has insurance and has admitted it I no longer have to send them to my insurance?

 

I get the feeling this could drag on for ages which will be a nightmare as I currently have no car!!! Can I get a coutersy car now this claim is no longer my fault?

 

Thanks in advance...I realise that's alot of questions!!!

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Zurich are a sh*t company. You just have to read the forums to see the problems they cause to their policyholders.

 

They obviously think you are proceeding to claim against your policy, hence request for documents.

 

Now with the evidence from the Police, you should just be able to get a car accident claims management company to deal with the claim against the 3rd parties Insurers directly. They might also be able to arrange a hire car, which will be claimed back from the 3rd party Insurers. The claims management people will need the 3rd parties car reg and the Police reference details.

 

Phone Zurich. Tell them you will be claiming directly with the 3rd parties Insurers and ask them whether they can put you in touch with a claim management company to assist with this. If they don't do this, then there are plenty of these companies out there. Look online or local yellow pages. Just avoid Drive Assist, as they are known to be more hassle than they are worth.

We could do with some help from you.

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So until the police inform me of the drivers reg number, there is nothing I can do?!!!! If you're saying find a car accident claims management company to sort this out for me...what the hell do I pay my insurance for!!

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If you don't have the 3rd parties Insurance details, how are you or anyone else going to make a claim against them.

 

Either wait to find out the details and make a claim with the 3rd parties Insurers or continue with the claim against your own comprehensive cover.

 

Very frustrating when it was not your fault, given the circumstances. If you want a hire car, then arrange one at your cost and try to claim it back later.

 

You will find that most Insurers will not assist you with making a claim against the 3rd parties Insurance directly. If you have the legal cover, they might assist with helping you get your uninsured losses back that you have incurred e.g. excess, hire car. Where you are claiming against a 3rd parties Insurance policy, most Insurers now pass you on to a an accident management company.

We could do with some help from you.

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That being the case, you have no choice but to claim against your own policy. At some point your Insurers will be able to claim the costs of the claim back from the 3rd parties Insurers and you will be able to also claim your uninsured losses back e.g. excess, hire car costs.

 

In this situation because the Police will be taking the 3rd party driver to court, they may not release full information to your Insurers and this could take a number of months to sort out.

 

Just follow what your Insurers are asking you to do. Once they have the paperwork they have requested, hopefully things should start moving. If you give them the details you have from the Police, they might have a way of submitting a request for basic information to assist them.

We could do with some help from you.

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The choice is yours.

 

1) Claim through your own Insurers on the basis that eventually they will recover the claim settlement and it will be down as a non fault. If the car is repairable, you will have to pay the excess. If a write-off, the excess and any remaining premiums will be deducted from any settlement. Zurich should put you in touch with a company that will arrange a hire car, who should claim directly off the 3rd parties Insurers. Be aware that if your renewal comes up, before your Insurers recover their settlement, your premium could be affected.

 

2) Claim off the 3rd parties Insurers, using an accident management company. Either sort out yourself or ask Zurich, who might have a preferred partner for this. If the 3rd parties Insurers are ok to deal with, then this might be the best option. Atleast you won't have the excess to worry about and are not waiting on your Insurers to get their settlement back. The accident management company will deal with all aspects. The negative with this option, is that if the 3rd party Insurers are not helpful, the claim could be delayed.

 

Speak to Zurich about these options and make a decision.

We could do with some help from you.

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Can anyone recommend a good one? I've never heard of them before someone mentioned them on here! My insurance company are doing everything they can to make this claim difficult for me, and want me to do all the work. They are refusing to get me a loan car even though we have the 3rd parties name, reg no and address. They want me to sort it out!!!

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Typical Zurich. Don't offer a service to UK policyholders.

 

You could try a company called. 'one call sorts all' which is run by Camps solicitors. I think I would use them, rather than hire car companies, who have a bolt on claims management service. e.g companies like Helphire and Drive Assist who have a bad reputation for just causing more problems.

We could do with some help from you.

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I've rang this company but sadly i'm too far down the line with my insurance for them to help now! I mentioned to them a problem i'm currently having regards my points on my licence. My insurance company are saying I have 9, but I only have 6! I thought i'd sorted a problem like this last week, but guess not! My insurance are currently questioning it....but the people at One Call Sorts All have said that it shouldn't matter...even if I had 9 points and only told them I have 6, as I am claiming through his insurance and not mine. Is this correct?

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Yes, if you are claiming off the 3rd party, any issue over points would not affect you.

 

You could try other accident management companies. They might not have been interested as there was no personal injury claim to make money from.

 

So you might be stuck with Zurich, if no one will take this on.

We could do with some help from you.

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Can I personnaly not just go straight to his insurance company, and completly ignore mine? This would cut out any problems Zurich are giving me. I don't care if it takes a couple of months longer...just as long as it is stress free and I get there in the end!!

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Give it a try. Tell them the FULL story and see what they say. It will depend on who the 3rd parties Insurers are, as to whether they will help or not. Most companies are these days not very helpful, as it is about cost/profit and not service.

 

As this is a non fault claim, I don't see that the points on the licence should be an issue at this point, but they might increase your premium if the info is incorrect. If you don't cooperate with Zurich when they are asking for documents in regard to a claim, they could turn around and cancel your policy. This could make obtaining Insurance in the future more difficult and very expensive.

We could do with some help from you.

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They may well blank you. If you have an insurance company, they'll work together to resolve the issue. There was a time when the party at fault's insurer would arrange the repair and reach a resolution without involving your company (apart from advising the claim was not your fault and they're making full restitution). Of late this has been happening less and less. You've not nothing to lose by asking!

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Well, I bit the bullet this morning...spoke to the 3rd party...got his insurance details are rang them direct. Where as my company wouldn't even give me a courtesy car....his will have one to me by lunchtime today, have the car seen by an engineer this afternoon and will have a letter by tomorrow with an offer! Zurich took nearly a week to get that far. They can now shove their business where the sun does not shine! I'm guessing that when I send my stuff to his insurance they will only need things relating to the car...and not my driving licence?

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That's no problem. I have a full driving licence. The issue I have with it was that Zurich were telling me they had me down as having 9 points...when all I had was 6!!! Oh yeah...please let me tell you I have more points and pay more premium. I LOVE giving money away!! Hopefully now that won't be a problem!

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I am currently negotiating my settlement from Aviva insurance. They don't play easy!! Basically because I was given the car by my parents...who bought it from new...he is saying that the transaction was a private sale, and the claim should therefore go on what it would cost to replace the car using a private sale. I've have sent him evidence showing that the car is worth more if bought from a garage. This is his e-mail back to me.

 

James

 

On what basis have they established this should be based on garage values as this is not how you acquired the vehicle, as stated by yourself it was a transaction from a relative although no money changed hands this was a private arrangement and involved no VAT being paid.

 

I await evidence to support the decision they have made in determining the advise they have provided you.

 

I fail to see how a private transaction can be on the par as a retail purchase.

 

Policy cover is market value and this is set at the time the vehicle is purchased or acquired.

 

Regards,

 

Jxxxx Kxxxxxxxx

 

Do I have a leg to stand on here? The car is certainly worth more than they are offering me...even if it is an extra £200. They've offered me £2,300 for a 53 reg citreon picasso 2.0 diesil desire.

 

Any help?

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You could call the FOS for advice, even if Aviva are the 3rd party Insurers in this case.

 

Have a read of the following link and give them a call if you need further help.

 

http://www.financial-ombudsman.org.uk/publications/technical_notes/motor-valuation.html

We could do with some help from you.

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Thanks for the reply. I've sent an e-mail to him with the link on it asking him to review the offer! Wish me luck!

 

I just don't see how he can be so blatant with his e-mail, when there is obvious evidence he is wrong. Is it a technique they all use to make me put some effort in proving them wrong, hoping I can't be bothered?!

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All people that work in claims will try to settle for the lowest possible value. When I use to work in claims awhile back, I found that companies very rarely offered the actual proper settlement the first time around. My guess is that they will up the offer to a mid range between private and retail value, to see whether they can settle at that.

We could do with some help from you.

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And what happens if I don't settle? I do have a figure of £2,650 in mind. This is between what they have offered and what the car is worth. Should I just hold out for what the car is worth?

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Well...not quite what I was hoping for...the offer has been withdrawn and an offer of £2,200 has been offered...lower than my first offer! Apprently this is due to me wanting to go down the route of "what it's worth at a garage," and according to Glass(? think that's correct) taking off millage and condition, this is all its worth!

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