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    • Makers of insect-based animal feed hope to be able to compete with soybeans on price.View the full article
    • 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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    • 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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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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I have had travel insurance with Norwich Union/Aviva since 2005.Aviva are now telling me that I have only been insured with them since 2009.My bank statements show DD payments from March 2010 even though Aviva state categorically 2009.It would appear that we need to know the name that would be used to identify the necessary DD withdrawals prior to 2010 and back to 2005.It has been suggested abbreviations such as N.U.G.I,Norwich Union General,G.U.They all seem practical but do not register with the bank.This has all transpired since annual increases and a desire to change from annual to single trip.I was informed that I had never declared pre-medical and consequently would not have been covered.This has never been the case as far as we as a family were concerned.The Norwich/Aviva transition apparently was in 2009.Any help would be greatly appreciated.We just need to know that we are right.

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What happens with large Insurers like Aviva, is that they go through system updates over the years, with older records archived. This means that sometimes the data held on their computer screeens can be wrong. They would have to check archived data or other records databases to obtain the missing information.

 

You could send them a Data Protection Subject Access Request, but this would cost you £10 as the admin fee they would be due and you still might not get the information. It might reveal whether you have declared any pre existing medical conditions previously.

 

Unless there is a financial benefit in getting to the correct information, I think it is probably not worth it. Aviva are not the best Insurers to have cover with and I would suggest that you look elsewhere for the cover.

We could do with some help from you.

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Many thanks for your prompt and informative reply.We know for fact that we were insured by NU in 2005 and also that pre-med was declared.Suffered a heart attack 2004 and our daughter had just moved to the USA due to her husbands job.It was essential that I covered every eventuality. Medically and statistically I was not a high risk. Now 11yrs on and I am probably fitter than I ever was but getting insurance now is a nightmare.Aviva have stated that they would refund but I cannot find the necessary information at this stage.The bank have suggested with a large degree of patience,I will find it due to banking online and having access to all my statements.I am getting quotes from other insurers now but the business with Aviva is a principal thing and I would like to beat them but realistically I doubt it.Once again many thanks.I really do like this forum.I've even donated.

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Many thanks for your prompt and informative reply.We know for fact that we were insured by NU in 2005 and also that pre-med was declared.Suffered a heart attack 2004 and our daughter had just moved to the USA due to her husbands job.It was essential that I covered every eventuality. Medically and statistically I was not a high risk. Now 11yrs on and I am probably fitter than I ever was but getting insurance now is a nightmare.Aviva have stated that they would refund but I cannot find the necessary information at this stage.The bank have suggested with a large degree of patience,I will find it due to banking online and having access to all my statements.I am getting quotes from other insurers now but the business with Aviva is a principal thing and I would like to beat them but realistically I doubt it.Once again many thanks.I really do like this forum.I've even donated.

 

I have heard a few stories from people who have worked for them and I would stay clear. This is not the first IT related issue of the type you mention, that I have heard about. But saying that Aviva are not unique in having problems. You could make a formal complaint, asking them to look into their archived records for the policy, asking specific questions. You do not have to do the Data Protection request.

 

It is worth phoning around companies who are bit more specialist with Travel Insurance. PJ Hayman are one such company and they have a Free Spirit scheme. They are used by brokers around the country, but you can contact them directly. Staysure Travel Insurance may be worth calling, as I have heard of people getting good quotes from them.

We could do with some help from you.

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Guest Aviva Support
I have had travel insurance with Norwich Union/Aviva since 2005.Aviva are now telling me that I have only been insured with them since 2009.My bank statements show DD payments from March 2010 even though Aviva state categorically 2009.It would appear that we need to know the name that would be used to identify the necessary DD withdrawals prior to 2010 and back to 2005.It has been suggested abbreviations such as N.U.G.I,Norwich Union General,G.U.They all seem practical but do not register with the bank.This has all transpired since annual increases and a desire to change from annual to single trip.I was informed that I had never declared pre-medical and consequently would not have been covered.This has never been the case as far as we as a family were concerned.The Norwich/Aviva transition apparently was in 2009.Any help would be greatly appreciated.We just need to know that we are right.

 

 

Hi Citrobic,

 

I'm sorry there seems to be a difference in opinion with your policy start dates and I can understand why it's important to get this clarified. If you could possibly send me an email to [email protected] with your:

 

- Full Name

- Date of birth

- Post code

- Policy reference number

- CAG Username (so I can link your email with this post)

 

I will then liaise with our Travel experts and try and get this resolved for you. Please accept my sincerest apologies for your experience so far and I hope we can get this sorted for you asap.

 

Thanks,

 

Nicki

Aviva Online Team

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Once again many thanks.I feel more at ease and will certainly contact the companies you have mentioned.When you know you are right,it is very difficult to let go.I will persevere and keep checking my bank statements back to 2005.Clearly something is missing and I hope to find the answer.When the money is taken out of your bank every year and the premiums increase every year you tend to feel secure.When you are told that you should read the small print every year to check that you are covered only to find out you are not and over a certain period never have been you do get a bit upset.I have renewal notices that clearly state "providing there have been no changes" your policy will be automatically renewed on the due date.Never had a reason to challenge until this year when for some reason,it's nearly double.So I say to the wife "not paying that we'll go single trip instead of annual.Oh boy that was the proverbial can of worms.

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Once again many thanks.I feel more at ease and will certainly contact the companies you have mentioned.When you know you are right,it is very difficult to let go.I will persevere and keep checking my bank statements back to 2005.Clearly something is missing and I hope to find the answer.When the money is taken out of your bank every year and the premiums increase every year you tend to feel secure.When you are told that you should read the small print every year to check that you are covered only to find out you are not and over a certain period never have been you do get a bit upset.I have renewal notices that clearly state "providing there have been no changes" your policy will be automatically renewed on the due date.Never had a reason to challenge until this year when for some reason,it's nearly double.So I say to the wife "not paying that we'll go single trip instead of annual.Oh boy that was the proverbial can of worms.

 

At each renewal you should be sent information for you to check, which confirms the basis on which the policy is operating.

 

The crucial renewal document to have checked was the one where Aviva transferred your policy data across to another system. It is no uncommon in the Insurance industry for some of the data to be incorrect after data transfer and the tick box regarding previously declared medical conditions has gone missing or changed. The only way you will find out what has happened is for Aviva to go through all of the available records back to the inception of the policy.

 

This years premium has probably gone up a lot, as you have hit a certain age, where the underwriters statistically see you as a greater risk.

We could do with some help from you.

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Once again a mine of information.There has been since 2005 2 address changes and from single trip to annual.I now realise that yes we should check the wording but I have foolishly relied on the"providing there have been no changes" paragraph.On a lighter note,makes you think to check your windscreen cover etc. Once again many thanks for your advice and guidance.I probably will keep searching for the necessary information just for personal satisfaction.Aviva-well I just do not trust them and never would again even though we originally took the policy out with Norwich Union in 2005.It really is a rip off ie. last year age 70 this year 71-heyup lets double his premiums.Unclebulgaria67 you are a godsend.Thank You

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Once again a mine of information.There has been since 2005 2 address changes and from single trip to annual.I now realise that yes we should check the wording but I have foolishly relied on the"providing there have been no changes" paragraph.On a lighter note,makes you think to check your windscreen cover etc. Once again many thanks for your advice and guidance.I probably will keep searching for the necessary information just for personal satisfaction.Aviva-well I just do not trust them and never would again even though we originally took the policy out with Norwich Union in 2005.It really is a rip off ie. last year age 70 this year 71-heyup lets double his premiums.Unclebulgaria67 you are a godsend.Thank You

 

The other point which I forgot to make is that if you have been paying a premium not including the previously declared medical issues, then you would have been paying smaller premiums. Had Aviva correctly applied the relevant amount to include the medical condition, you would have been paying a lot more, given your increasing age. There is also the possibility that Aviva would have withdrawn the cover for the medical condition and declined to provide a policy at one of the renewals.

 

Had you fallen ill abroad without the cover you thought you had, you could have been faced with a very difficult position. You and your family could have been faced with massive hospital bills, as well as costs of getting back to the UK, while Aviva were trying to sort out the problem with your policy.

We could do with some help from you.

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It really is a minefield.People have to be very careful and check their policies.Even though my health is excellent.I am now wary of even travelling.The costs are prohibitive.On the point of premiums I would say yes we have been paying for pre-med cover in the past.In conclusion,yes lessons to be learned.

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It really is a minefield.People have to be very careful and check their policies.Even though my health is excellent.I am now wary of even travelling.The costs are prohibitive.On the point of premiums I would say yes we have been paying for pre-med cover in the past.In conclusion,yes lessons to be learned.

 

If the latest renewal does not include pre-meds, if there is no indication the Insurers have removed cover for them, then I suspect that you have not been covered in previous years. The renewal premiums increase is just because of your age and nothing to do with the meds you previously disclosed.

 

People do need to check the information on their policies to make sure it is accurate. You don't want to be arguing about it with Insurers while in a hospital bed abroad.

 

If you are going to be travelling to Europe and have an EHIC card, then it is worth looking at EHIC Plus Travel Insurance. This is basically a top up cover to the standard EHIC card, which you should obtain. It is worth having a look at, if you want to go on trips to Europe.

We could do with some help from you.

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Are you sure Aviva will refund the premiums that far back as it would be unusual for an Insurer to refund a travel premium due to an undeclared medical condition as there would still have been parts of the policy you could have claimed under. In addition Insurers generally refund for a maximum of six years.

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