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    • What do you guys think the chances are for her?   She followed the law, they didnt, then they engage in deception, would the judge take kindly to being lied to by these clowns? If we have a case then we should proceed and not allow these blatant dishonest cheaters to succeed 
    • 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.
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      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.  

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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.

      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.
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      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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Advice re. managing loss adjustors for building insurance please


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I have read previous posts extensively and really learned a lot so far. I think our situation is slightly different to some. We had an escape of water last summer which caused extensive damage. The loss adjuster instructed their preferred building company to quote for strip-out and repairs. Our experience of this company was awful, prompting us to instruct our own surveyor. This was helpful and we were re-housed by our insurer in a nice place. The Loss Adjustor’s own surveyor has completed the schedule of works and has done a good job addressing pretty much everything we wanted. SoW has just gone out to tender.

 

We want a local builder to do the repairs, not their preferred builders who botched things before. We have more confidence in a local builder who has personal references and a reputation to protect.

 

Any advice on how to get our own builder? The insurance is paying large monthly rents, so presume lead-in and completion times will be large factors. We simply want a decent job done. I have read advice about lawyers and others about taking it gently and calmly. It is very difficult to judge as the next week or two now suddenly seems to be crucial.

 

Thanks

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I have read previous posts extensively and really learned a lot so far. I think our situation is slightly different to some. We had an escape of water last summer which caused extensive damage. The loss adjuster instructed their preferred building company to quote for strip-out and repairs. Our experience of this company was awful, prompting us to instruct our own surveyor. This was helpful and we were re-housed by our insurer in a nice place. The Loss Adjustor’s own surveyor has completed the schedule of works and has done a good job addressing pretty much everything we wanted. SoW has just gone out to tender.

 

We want a local builder to do the repairs, not their preferred builders who botched things before. We have more confidence in a local builder who has personal references and a reputation to protect.

 

Any advice on how to get our own builder? The insurance is paying large monthly rents, so presume lead-in and completion times will be large factors. We simply want a decent job done. I have read advice about lawyers and others about taking it gently and calmly. It is very difficult to judge as the next week or two now suddenly seems to be crucial.

 

Thanks

 

I was an Incident Manager in a well known Loss Adjusters for a year and a half and managed the claims from start to finish on behalf of the insurance company. We always sent one of our contractors in the area to assess the damage and send a scope of work in to us to review, however a lot of policyholders wanted to appoint their own contractor which was fine. We always requested 2 independent evaluations and could then liaise with the preferred contractor direct, however it was also possible in some cases to offer a straightforward cash settlement based on our contractors SOW. My job also included skimming down any unnecessary hours for labour or work which I didn't think was required before the go ahead was given, so the cash settlement would be based on this, and would always be less than what they had quoted for. Saying that, our contractors had pre-approved rates which were ridiculous so even giving a lesser settlement usually left some cash free for the policyholder once their paid their own contractor which I was more than happy with.

 

Hope that helps.

 

Lauryn

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once you have quotes for the work submit these to the insurance co. and they will either say ok and accept or may ask for cladification on certain points or elements.

Once you have the go ahead for the agreed sum the insurance co will either pay builder direct or in most cases pay you and then you pay the builder on completion and you are happy with what they have done.

Always keep some money back after completion for latent defects; say 2-3%. for three months minimum.

there can be a descrepancy sometimes when the prices you get are above the estimate the ins co. adjuster provided, but you can usualy negotiate around that.

If the worst comes to the worst your own surveyor or loss assessor may have to become involved to reach an agreement.

good luck and hope you get a trouble free job.

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Thank you for your replies, which seem positive. Unfortunately, I just spoke to the local builders who said that the due diligence requirements that the loss adjustors demand before they can quote are impossible for them to complete in the time, and therefore our 2 preferred local builders will not be able to quote. I understand from one of them that is is normal practice, to keep an open competition a closed shop. Only one of the LA's companies has contacted me to see the job, with the time fast running out, so I guess there may only be one company submitting a quote in the end.

 

It feels rather cynical and controlling by the LAs to ask for so much from our preferred companies, and not from their own. Fine if it were about the quality of our builder's work, fine too, perhaps, if we were able to assess the quality of their builders' work. I think we might need to take some legal advice as the contract the LA sent to us seems to put us as the employers and I'm worried about that too, from what I have read here, esp as we don't seem to get a say in any of this selection process...

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Have you asked them for a cash settlement based on their contractors quote? This will cost the insurance company less in the long run and when I worked in a Loss Adjusters we were always happy to do this as it was less hassle and the settlement would be less than the contractors quote. I would push for this, it will still be enough to cover a local contractors work because their rates are much less than then insurance's/LA's.

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