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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.  

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      Many thanks 
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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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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Council invoiced us for road clearance costs after car accident


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Hey

 

I'm hoping someone has a bit of advice please on our best course of action. I'm sorry for the essay but thought best explain what's going on.

 

My boyfriend was involved in a car accident in Nov 09. He slid on ice at a know accident blackspot and rolled the car. He was only going about 20 mph and luckily no one else was involved, he wasn’t hurt and there was no damage to any property.

The fire service attended to help push his car to the side of the road (it was a small country road) and did a bit of sweeping. Dispute being a bit shocked my boyfriend also helped clean up, pushing the car and sweeping. A rep from the local council also attended to check for damage to council property of which there was non. He assured my boyfriend everything was OK and that there were no costs involved.

 

Then 9 months later out of the blue we get a letter saying the council has been involved in an accident clean up and demanding we accept liability for the costs involved in this matter. No description or any amounts of money are show. We ignore this letter.

 

Another 6 months pass and we get another letter again demanding that my boyfriend accepts liability for costs and that if they do not here back they will contact our insurers. He writes back denying liability and explaining that there seems to be some sort of confusion as the council was not actually involved in any clean up and that he considers that matter dealt with and wants to here no more. We also spoke to CAB but they could not help saying this was a legal matter

 

2 weeks later the council writes back explaining that the fire brigade had billed the council for there involvement in my boyfriends accident since they own the road.

 

We here nothing for another 9 months until this Oct other letter arrives apologising for the delay and enclosing an invoice that the council have made up for apparent "costs associated with road clearance". This letter arrived at our old house and another 2 have arrived in the space of 3 weeks.

 

Whats the score here? I’m absolutely raging, its not even that we have been sent a bill, its that the council are clearly incompetent and can not deal with things in a timely matter meaning the car insurance will not get involved now.

How long does a council have to produce an invoice? Surly there some rule, either legal or an internal policy

 

Also if we were responsible why did the fire service bill the council and not us direct? and why was it not forwarded onto us rather than the council paying? I've no way of checking what’s on that bill and disputing costs it necessary. My boyfriend even helped the fire service with the clean up.

I’m aware that the fire service can bill for involvement in car accidents and that the council can bill too. However we have not been billed direct, can a council try and pass these costs onto us that the fire service has deemed then liable for?

What pees me off the most is that its took the council several years and several car crashes on the exact same blackspot before they took any action to to prevent further accidents. They have now resurfaced, put signs up and speed lines.

 

Thanks so much, hopefully someone knows what action to take. We have already denied liability. Should I write again? Should I call and give them an ear bashing? To hell are we paying. I'd really like to know where we stand legally if anyone knows. We live in canada right now anyway

 

Cheers

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unless you are returning to the uk

theres nowt they can do to you.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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i had a similar accident about 20 years ago , except nobody was called out ,i hit a lamp post due to ice and scrapped the car there and then ,it was a total write off and only insured 3rd party ,bear in mind it was in the middle of no where too so no witness or anything ,after 5 years my council billed me too for about 700 pounds ,for replacing the post,i offered 5 pounds a month and the accepted that took it by dirrect debit,i totally forgot about the payment and had over paid ,they refunded the differance

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