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    • Thank you for posting up the results from the sar. The PCN is not compliant with the Protection of Freedoms Act 2012 Schedule 4. Under Section 9 [2][a] they are supposed to specify the parking time. the photographs show your car in motion both entering and leaving the car park thus not parking. If you have to do a Witness Statement later should they finally take you to Court you will have to continue to state that even though you stayed there for several hours in a small car park and the difference between the ANPR times and the actual parking period may only be a matter of a few minutes  nevertheless the CEL have failed to comply with the Act by failing to specify the parking period. However it looks as if your appeal revealed you were the driver the deficient PCN will not help you as the driver. I suspect that it may have been an appeal from the pub that meant that CEL offered you partly a way out  by allowing you to claim you had made an error in registering your vehicle reg. number . This enabled them to reduce the charge to £20 despite them acknowledging that you hadn't registered at all. We have not seen the signs in the car park yet so we do not what is said on them and all the signs say the same thing. It would be unusual for a pub to have  a Permit Holders Only sign which may discourage casual motorists from stopping there. But if that is the sign then as it prohibits any one who doesn't have a permit, then it cannot form a contract with motorists though it may depend on how the signs are worded.
    • Defence and Counterclaim Claim number XXX Claimant Civil Enforcement Limited Defendant XXXXXXXXXXXXX   How much of the claim do you dispute? I dispute the full amount claimed as shown on the claim form.   Do you dispute this claim because you have already paid it? No, for other reasons.   Defence 1. The Defendant is the recorded keeper of XXXXXXX  2. It is denied that the Defendant entered into a contract with the Claimant. 3. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. 4. In any case it is denied that the Defendant broke the terms of a contract with the Claimant. 5. The Claimant is attempting double recovery by adding an additional sum not included in the original offer. 6. In a further abuse of the legal process the Claimant is claiming £50 legal representative's costs, even though they have no legal representative. 7. The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all. Signed I am the Defendant - I believe that the facts stated in this form are true XXXXXXXXXXX 01/05/2024   Defendant's date of birth XXXXXXXXXX   Address to which notices about this claim can be sent to you  
    • pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’.  Choose ‘Create sign in details’ to register for the first time.  You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID.  You should make a note of your memorable word, or password as these are not included in the email.<<**IMPORTANT**  then log in to the bulk court Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .get a CPR 31:14 request running to the solicitors https://www.consumeractiongroup.co.uk/forum/showthread.php?486334-CPR-31.14-Request-to-use-on-receipt-of-a-PPC-(-Private-Land-Parking-Court-Claim type your name ONLY no need to sign anything .you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform.
    • well post it here as a text in a the msg reply half of it is blanked out. dx  
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2 months without car because of insurance company


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hi i hope someone can help me, this is pretty complicated so please read carefully.

 

My 2013 car (under a year old) was vandalised outside my home which IS ON A MAIN ROAD on the friday 22/5/2014,

i contacted my insurance company, who werent going to have it collected until the tuesday even though the windows were out and it was raining, anyway i persuaded them to get it collected as it was at risk of being damaged further. and a company called copart came out later that day.

I assumed the insurance company would take care of the rest and just put the claim against myself.

After a week of hearing nothing(whether it was a write off or repairable) i rang the insurance company who said they were waiting for a evaluator to go out to decide what would happen and FOR ME to ring back next week and find out.

 

I ring back and they say its repairable, but they need the M.O.T certificate, i tell them its a brand new car it hasnt had an M.O.T so they put me on hold for 5minutes and come back and ask me for the service documents, i tell them again its a brand new car it hasnt had its first service, ok hold please... 5 more minutes go by and they ask for a photograph of my odometer for the mileage," you have my car how can i take a picture of my mileage?" oh... ok then CAN YOU ring copart and ask them to take a photo then please....

 

just wanting this sorted i did this and copart informed me this was standard practice for any car coming into their possession and they put the photos on their database for insurance companies to check as and when they needed them, so i rang my insurance and told them this.

 

a few weeks later i received a letter from copart asking me to contact them in regards to arranging my car to be delivered back to me i did this and the car was delivered a few days later...untouched

 

i asked the driver why he was delivering my car still damaged to my house on a busy main road, he said because my insurance company hadnt touched my car it was going to start costing ME not the insurance company for storage.

so i rang the insurance company and they told ME to contact CF services(the company my insurance use to fix cars) to see why they hadnt collected my car from co part..

again wanting this sorted i did this and CF services informed me that my insurance hadnt contacted them at all and my car wasnt on their system....

i told the insurance company this who then told CF services to contact me to arrange collection of my car, they did this the same day...

 

a few weeks later i ring cf services about the progress of my car, your car hasnt been touched, we are waiting for authorisation from your insurance company to go ahead and start working on it....

 

i ring the insurance company and they again say the hold up has been due to not receiving a mot certificate, service records or odometer(same process as before on hold for about 15minutes) i again say i have none of these explained why and they said they'd sort it.

 

it then took a few days for authorisation, but cf services contacted me and said the car would be ready approximately on the 25th july.

 

i have no problem with CF services theyve been spot on

i have no problem with copart they did what they had to

 

the problem has been my insurance company

 

i have lost two days work because of these, which included vital lieu days and half a days unpaid leave

£££ on phonebills as i work shifts i could only contact them by mobile

ive paid 2x £237 for finance on a car i have not had

ive paid 2x £100plus on insurance on a car i have not had

£££ for taxis to get to and from work

and since the car was damaged i wanted to sell it and to move abroad which i cant do until its back

ive also lost sleep due to stress

 

my question is this, can i claim anything back?

 

i apologise for the length of this but there has been a catalogue of errors,

any help would be greatly appreciated.

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Send what you have written here to the Insurance Ombudsman. Motor insurance is designed to provide cover against losses and liabilities that the driver may suffer in the event of an accident, theft or certain other events relating to their vehicle.

 

I can clearly see you have suffered loss.

 

It's important that you complain first to the business you're unhappy with – and give them a chance to look into your problem. They have eight weeks to do this. The Ombudsman can help by contacting the business for you, and telling them about your complaint.

 

The consumer helpline is 0300 123 9 123 or 0800 023 4567

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