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    • The Notice to Hirer does not comply with the protection of Freedoms Act 2012 Schedule  4 . This is before I ask if Europarks have sent you a copy of the PCN they sent to Arval along with a copy of the hire agreement et. if they haven't done that either you are totally in the clear and have nothing to worry about and nothing to pay. The PCN they have sent you is supposed to be paid by you according to the Act within 21 days. The chucklebuts have stated 28 days which is the time that motorists have to pay. Such a basic and simple thing . The Act came out in 2012 and still they cannot get it right which is very good news for you. Sadly there is no point in telling them- they won't accept it because they lose their chance to make any money out of you. they are hoping that by writing to you demanding money plus sending in their  unregulated debt collectors and sixth rate solicitors that you might be so frightened as to pay them money so that you can sleep at night. Don't be surprised if some of their letters are done in coloured crayons-that's the sort of  level of people you will be dealing with. Makes great bedding for the rabbits though. Euro tend not to be that litigious but while you can safely ignore the debt collectors just keep an eye out for a possible Letter of Claim. They are pretty rare but musn't be ignored. Let us know so that you can send a suitably snotty letter to them showing that you are not afraid of them and are happy to go to Court as you like winning.  
    • They did reply to my defence stating it would fail and enclosed copies of NOA, DN Term letter and account statements. All copies of T&C's that could be reconstructions and the IP address on there resolves to the town where MBNA offices are, not my location
    • Here are 7 of our top tips to help you connect with young people who have left school or otherwise disengaged.View the full article
    • My defence was standard no paperwork:   1.The Defendant contends that the particulars of claim are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted. The Defendant has had a contractual relationship with MBNA Limited in the past. The Defendant does not recognise the reference number provided by the claimant within its particulars and has sought verification from the claimant who is yet to comply with requests for further information. 3. Paragraph 2 is denied. The Defendant maintains that a default notice was never received. The Claimant is put to strict proof to that a default notice was issued by MBNA Limited and received by the Defendant. 4. Paragraph 3 is denied. The Defendant is unaware of any legal assignment or Notice of Assignment allegedly served from either the Claimant or MBNA Limited. 5. On the 02/01/2023 the Defendant requested information pertaining to this claim by way of a CCA 1974 Section 78 request. The claimant is yet to respond to this request. On the 19/05/2023 a CPR 31.14 request was sent to Kearns who is yet to respond. To date, 02/06/2023, no documentation has been received. The claimant remains in default of my section 78 request. 6. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/ agreement/ balance/ breach or termination requested by CPR 31.14, therefore the Claimant is put to strict proof to: (a) show how the Defendant entered into an agreement; and (b) show and evidence the nature of breach and service of a default notice pursuant to Section 87(1) CCA1974 (c) show how the claimant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. 9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • Monika the first four pages of the Private parking section have at least 12 of our members who have also been caught out on this scam site. That's around one quarter of all our current complaints. Usually we might expect two current complaints for the same park within 4 pages.  So you are in good company and have done well in appealing to McDonalds in an effort to resolve the matter without having  paid such a bunch of rogues. Most people blindly pay up. Met . Starbucks and McDonalds  are well aware of the situation and seem unwilling to make it easier for motorists to avoid getting caught. For instance, instead of photographing you, if they were honest and wanted you  to continue using their services again, they would have said "Excuse me but if you are going to go to Mc donalds from here, it will cost you £100." But no they kett quiet and are now pursuing you for probably a lot more than £100 now. They also know thst  they cannot charge anything over the amount stated on the car park signs. Their claims for £160 or £170 are unlawful yet so many pay that to avoid going to Court. When the truth is that Met are unlikely to take them to Court since they know they will lose. The PCNs are issued on airport land which is covered by Byelaws so only the driver can be pursued, not the keeper. But they keep writing to you as they do not know who was driving unless you gave it away when you appealed. Even if they know you were driving they should still lose in Court for several reasons. The reason we ask you to fill out our questionnaire is to help you if MET do decide to take you to Court in the end. Each member who visited the park may well have different experiences while there which can help when filling out a Witness statement [we will help you with that if it comes to it.] if you have thrown away the original PCN  and other paperwork you obviously haven't got a jerbil or a guinea pig as their paper makes great litter boxes for them.🙂 You can send an SAR to them to get all the information Met have on you to date. Though if you have been to several sites already, you may have done that by now. In the meantime, you will be being bombarded by illiterate debt collectors and sixth rate solicitors all threatening you with ever increasing amounts as well as being hung drawn and quartered. Their letters can all be safely ignored. On the odd chance that you may get a Letter of Claim from them just come back to us and we will get you to send a snotty letter back to them so that they know you are not happy, don't care a fig for their threats and will see them off in Court if they finally have the guts to carry on. If you do have the original PCN could you please post it up, carefully removing your name. address and car registration number but including dates and times. If not just click on the SAR to take you to the form to send to Met.
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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Lloyds (Assurant Solutions) Contents & Building Insurance more than doubling because of floods


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My household contents and buildings insurance is due for renewal next month and Lloyds have just sent me the new paperwork. The cheeky sods have jumped the gun somewhat by more than doubling the premium to £909 per annum which is in breach of an agreement they are signatories to with the government.

 

After my area was flooded people found it impossible to obtain any affordable insurance whatsoever but the insurance industry came to an agreement with the then government that they would offer affordable insurance if the government invested in flood defences for the area, this agreement is due to come to an end in May next year. Obviously any insurance I take out now will still be in force in May '13 so they've decided to up the cost 10 months early. :(

 

Luckily I've managed to find cover elsewhere at only a £36 more than I'm paying at the moment. :)

 

But it makes me wonder what is going to happen in the future with these policies, particularly as flooding is becoming a regular occurrence across the country & in some areas multiple times.

 

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See also; See also; http://www.thisishullandeastriding.co.uk/Hull-flood-victims-ask-assurances-future/story-16472131-detail/story.html

 

Hull East MP Karl Turner told the Mail many of his constituents were worried about the soaring cost of premiums.

 

He said: "I have one constituent, who doesn't want to be named, whose policy pre-2007 was £350 a year. Now it's £3,000. This needs addressing."

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A previous arrangement – whereby most homes pay a ‘small sum’ to cover part of the insurance of high-risk homes – is due to expire next year.

 

But insurers are angry that the Coalition has cut its flood budget by £400million.

 

 

Discussions: Caroline Spelman, the Environment Secretary, said she was in talks with the insurance industry about a new scheme to try and meet the costs of severe flooding in the future

 

Analysts told the Mail premiums are likely to rise by up to seven per cent next year, and up to ten per cent from 2014 if a deal is struck. They have already jumped 30 per cent since 2007.

 

If no solution is found, insurers could abandon around 200,000 homeowners living in risky areas leaving them unable to sell or remortgage their homes. Ian Crowder of the AA said: ‘It’s vital they reach a deal or the risk is that insurers will start withdrawing cover from those in flood-prone areas, and leave people unable to move.’

http://www.dailymail.co.uk/news/article-2172401/House-insurance-bills-rise-ALL-homeowners-cover-costs-flood-damage-areas-risk-Government-reveals.html

 

The further consequence is that mortgagees will foreclose as the homeowner will be in breach of their agreement by not having buildings insurance. This in turn will put tens of thousands of properties on the market which are unsellable & one million people homeless.

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Silly situation. I live near a river, but have never been subject to flooding (touch wood). I can obtain Insurance at normal cost, but from a limited list of companies. Unfortunately the environment agency decided to make the area a moderate flood risk area, as there was minor flooding 14 years ago, to a few properties about half a mile up the road. As far as I know the flood waters did not enter their houses, just a few garages. Since then the EA have made some changes to the water management system and have created natural flood planes at points in the river, so water does not breach the river bank. Problem is that the EA, do not appear to review the risk of rivers on a very regular basis. How many years has to pass, before they change the risk rating ? If the Insurance agreement is withdrawn, this could affect all people in flood warning areas, not just those who have been flooded.

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At one time this City had a network of open drains or canals which have been gradually filled in over the past fifty years. When they did that they neglected to put a pipe network in to compensate the loss of the drainage capabilities. Common sense dictates that those drains were originally built for a reason and to arbitrarily remove them was sheer lunacy.

 

The floods we experienced were a once in a lifetime experience, in fact I cannot find any record of it ever happening before during the City's existence. The problem is the existing infrastructure could not cope not particularly because of the deluge we experienced but by virtue of the fact that the sewerage and general network was not maintained adequately + two major pumps broke down and the remainder could not cope with the capacity that day.

 

I have lived in this property for 20 years and I cannot honesty remember seeing the drains or road gullies ever being cleaned out. After the flood it was done on a regular basis... usually monthly. This lasted a couple of years and now things have been left to slide back to as was.

 

The EA, Water Board & local council etc have and are still undertaking surveying work in the area. They have measured every property to check it's height above sea-level and are in the process of creating run-offs where surrounding fields are being designed to act as holding areas.

 

The main problem is the majority of the city is built on a flood plain and after WW2 because of the fact that 90% of the city was destroyed or damaged & because of slum clearances Estates were built on water-meadows which has exacerbated the situation. :(

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