Jump to content


  • Tweets

  • Posts

    • I have looked at the car park and it is quite clearly marked that it is  pay to park  and advising that there are cameras installed so kind of difficult to dispute that. On the other hand it doesn't appear to state at the entrance what the charge is for breaching their rules. However they do have a load of writing in the two notices under the entrance sign which it would help if you could photograph legible copies of them. Also legible photos of the signs inside the car park as well as legible photos of the payment signs. I say legible because the wording of their signs is very important as to whether they have formed a contract with motorists. For example the entrance sign itself doe not offer a contract because it states the T&Cs are inside the car park. But the the two signs below may change that situation which is why we would like to see them. I have looked at their Notice to Keeper which is pretty close to what it should say apart from one item. Under the Protection of Freedoms Act 2012 Schedule 4 Section 9 [2]a] the PCN should specify the period of parking. It doesn't. It does show the ANPR times but that includes driving from the entrance to the parking spot and then from the parking place to the exit. I know that this is a small car park but the Act is quite clear that the parking period must be specified. That failure means that the keeper is no longer responsible for the charge, only the driver is now liable to pay. Should this ever go to Court , Judges do not accept that the driver and the keeper are the same person so ECP will have their work cut out deciding who was driving. As long as they do not know, it will be difficult for them to win in Court which is one reason why we advise not to appeal since the appeal can lead to them finding out at times that the driver  and the keeper were the same person. You will get loads of threats from ECP and their sixth rate debt collectors and solicitors. They will also keep quoting ever higher amounts owed. Do not worry, the maximum. they can charge is the amount on the sign. Anything over that is unlawful. You can safely ignore the drivel from the Drips but come back to us should you receive a Letter of Claim. That will be the Snotty letter time.
    • please stop using @username - sends unnecessary alerts to people. everyone that's posted on your thread inc you gets an automatic email alert when someone else posts.  
    • he Fraser group own Robin park in Wigan. The CEO's email  is  [email protected]
    • Yes, it was, but in practice we've found time after time that judges will not rule against PPCs solely on the lack of PP.  They should - but they don't.  We include illegal signage in WSs, but more as a tactic to show the PPC up as spvis rather than in the hope that the judge will act on that one point alone. But sue them for what?  They haven't really done much apart from sending you stupid letters. Breach of GDPR?  It could be argued they knew you had Supremacy of Contact but it's a a long shot. Trespass to your vehicle?  I know someone on the Parking Prankster blog did that but it's one case out of thousands. Surely best to defy them and put the onus on them to sue you.  Make them carry the risk.  And if they finally do - smash them. If you want, I suppose you could have a laugh at the MA's expense.  Tell them about the criminality they have endorsed and give them 24 hours to have your tickets cancelled and have the signs removed - otherwise you will contact the council to start enforcement for breach of planning permission.
    • Developing computer games can be wildly expensive so some hope that AI can cut the cost.View the full article
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • 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
        • Like
  • Recommended Topics

minor bump - other driver wants us to pay for repairs


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4691 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi.

 

Where I live, parking is tight. My other half brushed against a neighbour's bumper while parking and did the decent thing by telling her what happened.

 

A couple of days later we had a note through the door asking for insurance details. My other half called round and they agreed that if she needed it repaired, we would pay rather than involve insurance companies.

 

The other car is old, and has lots of cosmetic damage - bumps, small dents, rusty bits, and the bumper itself is bent a little from a past incident. As to what damage my other half did, it's almost impossible to say, but I would expect maybe an additional scrape on the bumper. Who knows for sure?

 

This was several weeks ago, and we assumed that the neighbour had decided to let it pass. Now, the neighbour has dropped another note through saying she is about to get a couple of quotes for repairs.

 

I fear she is trying to cash in on this and get her battered old bumper replaced with a new one, at our expense. Where do we stand?

Link to post
Share on other sites

They can only expect you to return the bumper into it's pre-accident condition which it was in before your wife 'brushed' against it. An experienced bodyshop estimator will be able to tell apart old damage to the fresh one so my advice would be to say 'fine, ok but I want to be present when the estimate is obtainerd'. Then you will be able to hear the estimator's opinoins. However, I would guess that your neighbour will not be keen on that option so my then agree to the price if a tin of T-cut.

 

Please Note

 

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

 

Link to post
Share on other sites

Where do we stand?

If you are wise, you'll not stand anywhere near her car. :-)

 

Seriously - your OH admitted that the collision occurred and admitted blame. Rather than bothering with insurance companies (presumably to protect your no claims discount rather than admit that you had lodged a surety with the Paymaster General of the Supreme Court?) you've agreed to pay for the repairs to your neighbour's jalopy.

 

What your neighbour may reasonably expect is for her vehicle to be in much the same condition as it was before the collision.

Link to post
Share on other sites

Thanks both.

 

Before the collision, she had a lightly battered bumper. After the collision she has a lightly battered bumper, but with perhaps an extra scrape or two.

 

I can't see how she could know what damage was done by us, or obtain a quote at all.

 

If she comes back with a quote for, say £100, what's the best thing for us to do?

Link to post
Share on other sites

Thanks both.

 

Before the collision, she had a lightly battered bumper. After the collision she has a lightly battered bumper, but with perhaps an extra scrape or two.

 

I can't see how she could know what damage was done by us, or obtain a quote at all.

 

If she comes back with a quote for, say £100, what's the best thing for us to do?

 

Politely ask if you can obtain a quote from a second bodyshop where you can go along too.

 

Please Note

 

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

 

Link to post
Share on other sites

did you take a photograph of the bumber? if not, do so now to show that there is a lot of other damage that you could not have caused.

Now this has happened to me in the past and we came to an agreement that to get a new bumber or complete respray would amount to betterment!

so I would suggest that you offer a small sum, say £50 towards any such repair, so they can get it done if they wish.

make sure you get a receipt which sates the amount and that this is in full and final settlemnt of the incident.

 

It may be worth reporting it to your insurance co. for info only at this satge, just in case it escalates to a full and ridiculas level.

Link to post
Share on other sites

Thanks for the suggestion. Yes, I took a few photos a couple of days afterwards - when she put the first note through our door about insurance companies - it rang alarm bells at that point.

 

There is lots of damage she COULD claim we did - eg a broken light, which we definitely did not do. If she starts saying we did all the damage, this could become a major issue between us!

 

The light I noticed when the accident happened. I went outside to look within a minute, and saw the light broken and specifically looked for glass on the road - not a spec was there. The other scrapes and bumps - I couldn't say which we did and which were already there.

 

Note the outward (!) dent below the light, the buckle near the wheel arch, the cosmetic damage to the bumper next to the big scrape... much of this must have been done previously - out car just has a couple of straight line scratches on the side.

DSCF6659.jpg

DSCF6658.jpg

DSCF6660.jpg

Link to post
Share on other sites

Looks more than just a parking scrape to me, more low speed impact.

I pressume that is the corner in question that she hit.

Any corresponding damage, paint transfer on your car? with a bump like that there would of been something to indicate a coming together,

Link to post
Share on other sites

V-reg? In that sort of condition? Would realistically be valued at no more than £400 for the whole car. To restore the bumper to its pre-collison condition would take about £10 worth of touch up brush. There is no case for betterment. No doubt in my mind that an insurance claim, if proven and successful (which is unlikely) would result in the car becoming a total loss Cat C with a settlement for average condition, but taking into account pre accident condition of no more than £250.

 

With that in mind, I would offer her a full and final settlement offer without prejudice of £100. Take it or leave it.

Link to post
Share on other sites

Thanks for the observations Dragon. Good point re: valuation.

 

@ raydetinu - our car shows a couple of thin parallel lines of red paint around the wheel arch area. They are of the same sort of height as the photos I took of her car, which is of course where the impact was. However that large "blotch" of a scrape on the corner of her car seems inconsistent with the damage to ours as it's too broad (measured top to bottom) to leave a thin line on the side of ours. I'm just guessing of course - but there's nothing definite to go on here.

 

And I should say, my own car has stacks of scrapes and scratches as well - it's a real problem where we live - tight spaces.

 

DSCF6656.jpg

Link to post
Share on other sites

with due defference to Dragon, £100 too much me thinks.

Also a third party claim if succesful, would entitle the third party to be put back to a condition before the incident, irrespective of cost.

i.e replace with a car in a similar conditon or cash equivalent if cost to reapir was greater.

Link to post
Share on other sites

with due defference to Dragon, £100 too much me thinks.

It certainly seems to be at least £80 too much.

 

Also a third party claim if succesful, would entitle the third party to be put back to a condition before the incident, irrespective of cost.

i.e replace with a car in a similar condition

From a scrapyard?

Link to post
Share on other sites

I agree that £100 is too much, but it is a suitable figure that they will most likely grab with both their dishonest thieving hands. Offer them £20 and you will get nowhere. Greed appeal.

You're probably right.

 

Any idea how much she'll demand for whiplash injury?

Link to post
Share on other sites

To be fair to the lady, she wasn't in the car at the time, and we don't yet know what sort of quote she will come back with. She's not done anything dishonest, but I just fear that she might exploit the situation.

 

This thread has helped me put things in perspective though.

Link to post
Share on other sites

To be fair to the lady, she wasn't in the car at the time, and we don't yet know what sort of quote she will come back with. She's not done anything dishonest, but I just fear that she might exploit the situation.

By claiming for car hire while her jalopy is being fixed?

Link to post
Share on other sites

Trust me. There have been many cases like yours where people magically claim whiplash, even though they were not in the car.

Sometimes the "whiplash victims" have been in more than one car crash (in different locations) at the same time.

 

That must really hurt. :lol:

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...