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    • ffc1991_
      Driving disqualification through x2 MS90 was unaware of - failure to identify but not the org speeding? sent Statutory Declaration to the court? - help

      By ffc1991_ · Posted

      Hi on the notice of disqualification it lists the 2 speed offences and marks offence withdrawn? This is for both offences and then the other 2 is the MS90s which I’m fined for and the additional costs. R
    • OldVWMK1
      Markerstudy - Other driver fled the scene

      By OldVWMK1 · Posted

      Hi,    It has taken a while, but I have received an email from Auxillis -  hello, we are not dealing with this claim all we do is log accident for you isnurance - the claim has been passed to your underwriter markerstudy 0344 873 8183 as they are deal with fault cliams ion behalf of adrian flux. thankyou auxillis   I have made repeated attempts to phone Markerstudy in between working from home, struggling for energy and trying to find a cheap car so that I can keep my job (community support worker). Thankfully I have a supportive team and I am being given phone calls to make but it cant last too long. I had a severe migraine over the weekend and also have quite bad whiplash in my neck and back.    I found this in my insurance policy booklet -    Protection and Recovery If the insured vehicle cannot be driven following an incident leading to a valid claim under this section, we will pay: • the cost of its protection and removal to the nearest approved repairer, competent repairer or nearest place of safety; and • the cost of re-delivery after repairs to your home address; and • the cost of storage of the insured vehicle incurred with our written consent. If the insured vehicle is damaged beyond economical repair we will arrange for it to be stored safely at premises of our choosing. You should remove your personal belongings from the insured vehicle before it is collected from you. In the event of a claim being made under the policy we have the right to remove the insured vehicle to an alternative repairer, place of safety or make our own arrangments for re-delivery at any time in order to keep the cost of the claim to a minimum     I do about 20-25000 miles a year with the work I do, I have been getting quotes and putting that I have now have one accident and no no claims bonus and the cheap quotes from similar companies to markerstudy are more than double what i paid last year at 8-900 and aviva is offering 2600 which is simply out of my price range and more than the car i am looking at.  I am starting to wonder if it is even worth going ahead with the claim as i have no one to claim from. I have had no information from any of the enquiries I have made.  I have a full tank of vpower diesel in the car in the impound, i can strip it for parts and probably make what I will be offered by the insurance payout and get the money quicker.  As I have made contact and started the process can I back out, still keep my NCB and a claim free history? Also what happens with my injuries? I don't think there is any permanent damage but my dr refused to see me and just gave me a boat load of naproxen and codeine. What happens in the future if things don't get better and I cancelled this claim? Can you claim injuries off your own insurance because the other guy ran and you cant find him? I have tried to ask these questions off markerstudy but they keep me waiting for nearly an hour then end the call.    Thank you for your time and help.  It is really appreciated.  I am quite honestly on the floor, I have been really ill, in hospital, had nearly 6 months off work and only been back full time a few weeks and now this.  The fact the company you pay large sums of money to look after you in a time of need is also behaving criminally just makes you want to give up.    
    • ffc1991_
      Driving disqualification through x2 MS90 was unaware of - failure to identify but not the org speeding? sent Statutory Declaration to the court? - help

      By ffc1991_ · Posted

      Thanks for the response. Am I able to send you the documents I’ve received or can you message via instant message and I’ll send these? Reece
    • Man in the middle
      Driving disqualification through x2 MS90 was unaware of - failure to identify but not the org speeding? sent Statutory Declaration to the court? - help

      By Man in the middle · Posted

      Regretfully it does. Have you actually seen any papers which show what you were charged with (rather than what you were convicted of)? It is unusual not to be “dual charged” but if you were not charged with both, you are where you are. If you had been charged with both offences and providing you were the driver at the time, you could, after performing your SD, have asked the prosecutor to drop the “Fail to Provide” (FtP) charges in exchange for a guilty plea to the speeding charges (you cannot be convicted of speeding unless you plead guilty as they have no evidence you were driving). You will have difficulty defending the FtP charges. In fact, it’s worse than that – you have no chance of successfully defending them at all because the reason you did not respond to the requests is because you did not receive them and that’s entirely your fault. No it’s not correct. Six months from 18/11/23 was 18/5/24 so, unless they were originally charged, the speeding offences are now “timed out.” There is one avenue left open to you. If you perform your SD you must serve it on the court which convicted you. You will then receive a date for a hearing to have the matters heard again. Your only chance of having the matters revert to speeding (and this is only providing you were the driver at the time of those offences) is to plead Not Guilty, attend court. When you get there you can ask the prosecutor (very nicely, explaining what a pillock you know you were for failing to update your  V5C) if (s)he is prepared to raise “out of time” speeding charges, to which you will offer to plead guilty if the FtP charges are dropped.   This is strictly speaking not lawful. Charges have to be raised within six months. Some prosecutors are willing to do it, others are not. But frankly it’s the only avenue open to you. There is a risk with this. I imagine you have been fined £660 (plus surcharge and costs) for each offence. The offence attracts a fine of 1.5 week’s net income and where the court has no information about the defendant’s means a default figure of £440pw is used.  If the prosecutor is not prepared to play ball you can revise your pleas to guilty. A sympathetic court should give you the full discount (one third) for your guilty pleas in these circumstances but they may reduce the discount somewhat. The prosecution may also ask for increased costs (£90 or thereabouts is the figure for a guilty plea). So it may cost you more if you have a decent income (I’ll let you do the sums). But MS90 is an endorsement code which gives insurers a fit of the vapours. One such endorsement will see your premiums double. Two of them will see many insurers refuse to quote you at all meaning you will have to approach "specialist" (aka extortionate) brokers. So you really want to exhaust every possibility of avoiding MS90s if you can. One warning: do not pay solicitors silly money to defend you. Making an SD before a solicitor should attract just a nominal sum (perhaps a tenner). That’s all you should pay for. You have no viable defence against the FtP charges and any solicitor suggesting you have is telling you porkies. The offer to do the deal is easily done by yourself and you can save the solicitor’s fees to put towards a few taxis and increased insurance premiums if you are unsuccessful. In the happy event you find out you were "dual charged", let me know and I'll tell you how to proceed. (Seems a bit odd hoping you were charged with four driving offences rather than two, but it's a funny old world!).    
    • theoldrouge
      Should we trust Sunak or the next PM to fix the Country's problems? (title revised 24/10/22)

      By theoldrouge · Posted

      Just the sort of people you despise eh Jugg  You would be much happier among your mates in that room with Rayner begging for votes 

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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.

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      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
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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

hit a barrier

gideonssword

By gideonssword
in General Motoring Issues

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gideonssword

gideonssword

Posted
Posted

My daughter was going over a toll bridge and the barrier was down, she paid the fee to cross the bridge.

 

The sun was directly upon the windscreen and she got distracted and tried to drive off hitting the barrier and knocking it off.

 

The company that owns the toll booth sent my daughter a letter stating they want to claim of her insurance.

 

My daughters insurance as cost nearly 2000 pounds which she paysmonthly by direct debit as she is 19 and not been driving for a full year yet.

 

I genuinely fear for her as she is pregnant and this claim would send her insurance astronomical upon renewal.

 

Can we offer to pay the damage outside of the insurance? How do we go about that?

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BankFodder

BankFodder

Posted
Posted

You will have to write to the company and suggested and that you may want to deal with it directly.

 

The company may be reluctant to do this because they might sense that there will be complications.

 

I suggest that you couch your letter in a way which suggests that if you settle directly then they will be less delay and it will be more straightforward all round.

 

You need to ask them that an assessment of the value of the damage. However, you will probably be in for a surprise that it is going to cost much more than you think.

 

You might find that when you have all the figures in front of you, that the insurance is the only way to go

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BazzaS

BazzaS

Posted
Posted
My daughter was going over a toll bridge and the barrier was down, she paid the fee to cross the bridge.

 

The sun was directly upon the windscreen and she got distracted and tried to drive off hitting the barrier and knocking it off.

 

The company that owns the toll booth sent my daughter a letter stating they want to claim of her insurance.

 

My daughters insurance as cost nearly 2000 pounds which she paysmonthly by direct debit as she is 19 and not been driving for a full year yet.

 

I genuinely fear for her as she is pregnant and this claim would send her insurance astronomical upon renewal.

 

Can we offer to pay the damage outside of the insurance? How do we go about that?

 

Bear in mind that she will still be obliged to inform the insurance company of an accident causing damage if asked, and it would be asked for at renewal.

 

Thus she could expect an increase in premium as she will be viewed as being "a higher risk" than if she hadn't had an accident.

Failure to declare an accident could lead to her insurance being voided if the non-declaration was discovered. This, then, would make her even worse off as she'd not only risk having any claim rejected but also have to declare having insurance cancelled on any later applications, too.

 

So, she should inform her insurers.

 

It will then become "which is more costly, settle it myself having declared it" and "let the insurers sort it out", for which you'll need to know how much the claim will likely be for, as Conniff has noted.

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ericsbrother

ericsbrother

Posted
Posted

If she had paid the toll why was the barrier down? Had she moved off too quickly or was there another reason? I am asking to see if there was any contributory factor that was under the control of the bridge company or even a malfunction of their equipment which would mean that they played a part in the damage being caused.

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heliosuk

heliosuk

Posted
Posted
If she had paid the toll why was the barrier down? Had she moved off too quickly or was there another reason? I am asking to see if there was any contributory factor that was under the control of the bridge company or even a malfunction of their equipment which would mean that they played a part in the damage being caused.

 

 

That's the first thing that jumped into my mind EB.

I regularly use the M6 toll road and as soon as the payment clears the barrier opens. In fact it opens before you get your card back. I'd be asking for the CCTV footage as they are all recorded.

 

 

Personally I'd be asking to see the evidence that she did do something wrong. I wouldn't be rolling over straight away.

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gideonssword

gideonssword

Posted
  • Author
Posted

Thanks from what I can gather she paid the toll then the guy who took her money was talking and after about half a minute she assumed he'd raised the barrier but obviously not and she hit it, she couldn't see it due to dun dazzling the windscreen.

 

what's more worrying is she as an excess on the policy of 750 which she has no means to pay as she only works part time.

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heliosuk

heliosuk

Posted
Posted

Half a minute is 30 seconds which is a long time waiting for the barrier to move up. Does your daughter remember seeing a green light?

Plus I have a feeling some of these barriers have proximity sensors for Toll Tags. I don't get this and am beginning to think the employee might be equally to blame here.

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Ganymede

Ganymede

Posted
Posted
Half a minute is 30 seconds which is a long time waiting for the barrier to move up. Does your daughter remember seeing a green light?

Plus I have a feeling some of these barriers have proximity sensors for Toll Tags. I don't get this and am beginning to think the employee might be equally to blame here.

 

The employee is equally to blame? :D

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JoeyJoeC

JoeyJoeC

Posted
Posted
That's the first thing that jumped into my mind EB.

I regularly use the M6 toll road and as soon as the payment clears the barrier opens. In fact it opens before you get your card back. I'd be asking for the CCTV footage as they are all recorded.

 

 

Personally I'd be asking to see the evidence that she did do something wrong. I wouldn't be rolling over straight away.

 

Unless the barrier went up, and back down as she was moving forward, it would be seen as her fault.

 

It's like rear ending a car and blaming it for being in front of you.

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steampowered

steampowered

Posted
Posted

Personally I don't see how she could blame the company or the employee. Ultimately she drove into a stationary object.

 

Normally I would say keep everything in writing. But in this case is it worth giving them a call? This won't be the first time someone has driven into a barrier so you might be able to get an informal estimate of how much it usually costs. The person dealing with it should be able to tell you fairly quickly whether you are looking at a few hundred or a few thousand, and whether there is any scope for dealing with it outside the insurance.

PLEASE HELP US TO KEEP THIS SITE RUNNING

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gideonssword

gideonssword

Posted
  • Author
Posted

there was no light system on this barrier it's a on a hill on a country road and there is a little booth in the middle of the road which there is either one or 2 man in it taking money off motorists from either side of the road.

 

The irony in all of this is that it costs just 12p to go through the barrier.

 

However I think I would agree with the general consensus on here in that I'm afraid she will have to bite the bullet on this one and put it down to experience and learn from it.

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