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    • next time dont upload 19 single page pdfs use the sites listed on upload to merge them into one multipage pdf.. we aint got all day to download load single page files 2024-01-15 DBCLegal SAR.pdf
    • If you have not kept the original PCN you can always send an SAR to Excel and they have to send you all the info they have on you within a month. failure to do so can lead to you being able to sue them for their failure.......................................nice irony.
    • Thank you and well done  for posting up all those notices it must have have taken you ages.. The entrance sign is very helpful since the headline states                    FREE PARKING FOR CUSTOMERS ONLY in capitals with not time limit mentioned. Underneath and not in capitals they then give the actual times of parking which would not be possible to read when driving into the car park unless you actually stopped and read them. Very unlikely especially arriving at 5.30 pm with possibly other cars behind. On top of that the Notice goes on to say that the terms and conditions are inside the car park so the entrance sign cannot offer a contract it is merely an offer to treat. Inside the car park the signs are mostly too high up and the font size too small to be able to read much of their signs. DCBL have not shown a single sign that can be read on their SAR. Although as they show photographs which were taken the year after your alleged breach we do not know what the signs were when you were there. For instance the new signs showed the charge was then £100 whereas your PCN was for £85. Who knows, when you were there perhaps the time was for 3 hours. They were asked to produce  planning permission which would have been necessary for the ANPR cameras alone and didn't do so. Nor did they provide a copy of the contract-DCBL  "deeming them disproportionate or not relevant to the substantive issues in the dispute" How arrogant and untruthful is that? The contract and planning permission could be vital to having the claim thrown out. I can find no trace of planning permission for the signs nor the cameras on Tonbridge Council planning portal. and the contract of course is highly relevant since some contracts advise the parking rouges that they cannot take motorists to Court. I understand that Europarks are now running that car park which means that nexus didn't  last long before being thrown out.....................................
    • Hi,   I am not sure if I posted this already here but I don't think I did. I attach a judgement that raises very interesting points IMO. Essentially EVRi did their usual non attendance that we normally see, however the judge (for the first time I've seen in these threads) dismissed the notice and awarded me judgement by default because their notice misses the "confirmation of compliance" paragraph. in and out in 3 minutes (aside from the chat at the end with the judge about his problems with evri) Redacted - evri CPR loss.pdf
    • Just to update this. I did apply to strikeout and they did not attend the hearing. I won by defualt and the hearing lasted 5 minutes (court only allocated 15). The judge simply explained that the only matter he was really considering is if the Defendant could have any oral evidence to defend the claim. However he said he had decided that based on their defence, and their misunderstanding of law, and their non attendence he did not think they had any reasonsable chance so he awarded me SJ + Costs on the claim form + the strikeout fee. Luckily when I sent the defendant the order I woke up the next day to a wire trasnfer for the full sum of the judgement
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Question about Car Insurer's Error


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Hi all

 

Thanks for taking the time to read this.

Recently, my wife's insurer made an error which has caused us quite some inconvenience.

 

In 2013 my wife was driving her Megane and was involved in an accident in which 2 other cars contributed. She was in no way at fault. (I can describe but it's not relevant).

She had a £400 excess. She was fully comp.

She received a payout less the £400 excess and any other costs.

 

When we asked about the excess and any other costs, she was told that she didn't have legal cover so they won't pursue it and she would have to do it herself.

(It took a LONG time to even get to this point, because of the complexity regarding the 2 other parties who were arguing over fault).

 

We hired a solicitor, who was nearly useless too because we told them we didn't have legal cover.

 

In the last month, I convinced my wife to start chasing up the excess and that we would have to ring the (third party) company and battle through to try and get it back.

Before she did that, she rang her insurer to confirm some information.

The lady she spoke to was very helpful, and said that it actually looks like she DOES have legal cover.

The helpful lady further researched this, and it seems that online when taking out the insurance, my wife didn't select legal cover but on the phone to confirm the policy, she took out the legal cover at the last minute.

 

So basically what has happened:

My wife bought legal cover.

She tried to use the legal cover.

The insurer said she didn't have it, when she actually did.

1 - 2 years later, the insurer are finally providing the legal cover service and beginning to reclaim the excess from the third party.

 

Is there any trouble that the insurer should be in?

We plan on writing a letter of complaint, are there any particular things we should include?

 

Any response is much appreciated!

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Not a lot of trouble as such, unless they have in any way prejudiced your claim. Errors can be made.

 

A lot of it will depend on who you have bought from, is it a direct insurer who administer the legal expenses insurance and should be activating as a matter of course, or a broker who sold you a policy.

 

Possibly you can claim compensation for your inconvenience, £100 - £150 (could be more, could be less) possibly interest on the excess for the period in which you would most likely have had received the excess back had it all gone ok.

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Not a lot of trouble as such, unless they have in any way prejudiced your claim. Errors can be made.

 

A lot of it will depend on who you have bought from, is it a direct insurer who administer the legal expenses insurance and should be activating as a matter of course, or a broker who sold you a policy.

 

Possibly you can claim compensation for your inconvenience, £100 - £150 (could be more, could be less) possibly interest on the excess for the period in which you would most likely have had received the excess back had it all gone ok.

 

Thank you for your time and effort.

I will request some compensation for the inconvenience, it doesn't cost anything to ask.

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