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    • I have just read the smaller print on their signs. It says that you can pay at the end of your parking session. given that you have ten minutes grace period the 35 seconds could easily have been taken up with walking back to your car, switching on the engine and then driving out. Even in my younger days when I used to regularly exceed speed limits, I doubt I could have done that in 35 seconds even when I  had a TR5.
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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.
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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Serious Illness Cover - Payout?


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Hello Everyone

 

I hope you can help me. My husband has been poorly for over 9 months now and he has been diagnosed recently as suffering from Pancytopenia caused possibly by Peripheral Consumption/Destruction, exact cause still unknown.

 

We have claimed on our Serious Illness cover, but the wording in the policy is ambiguous. It described his condition as Advanced Aplastic Anaamia and the exact wording is as follows;

 

Aplastic anaemia is the reduction of circulating red

cells, white cells and platelets. For the purposes of

this plan pancytopenia, causing a reduction to 10%

of the normal number of white cells and platelets

as well as 50% of the normal levels of red cells,

must be present. All lines of blood production must

be depressed as demonstrated by bone marrow

examination and abnormalities persisting on blood

tests for a minimum of three months.

 

My husband fits all the definition and criteria as described in the above statement, however the consultant is unable to confirm Advanced Aplastic Anaemia at this stage because it could be something else, like a very rare form of cancer or bone marrow disease.

 

I am concentrating on the fact that the wording states that 'for the purposes of this plan, pancytopenia' - well that is exactly his diagnosis so therefore does that mean the plan should payout?

 

I have sent my eyes square reading and re reading the policy wording, but could just do with some outside opinions.

 

Do you think we have a chance of a payout?

 

Many thanks in advance

L xx

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Think it is saying that they will need more information to evaluate whether the condition triggers a payout. Blood tests over a 3 month period and bone marrow examination. It has to meet the definition of the serious illness they have stated. This is probably not stated in the policy, but is their own Doctors definition of serious illness and of course you may have Doctors that have a different opinion, which would lead to you needing to raise a complaint.

 

This is not something I have dealt with, but this is my reading of it. From what I have read, arguments about what is a serious illness, are pretty common.

We could do with some help from you.

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Thank you - we have sent evidence of blood tests over the last 6 months plus - detailing depressed white blood count, platelets and red blood cells - he has almost 95% reduction in white blood count and platelets and red blood count is reduced by over 70%. Has been the case for 6 months, he is getting worse not better. Now requiring fortnightly platelet and blood transfusions.

 

His letters all state Pancytopenia so I hoped this would be enough to fit the category. I am really at a loss as to what they will say, I know that most insurers try to get out of paying if they can. but it is just hard to swallow, especially when you or your partner could lose their life because of the illness.

 

Thank you again for your help.

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Thank you - we have sent evidence of blood tests over the last 6 months plus - detailing depressed white blood count, platelets and red blood cells - he has almost 95% reduction in white blood count and platelets and red blood count is reduced by over 70%. Has been the case for 6 months, he is getting worse not better. Now requiring fortnightly platelet and blood transfusions.

 

His letters all state Pancytopenia so I hoped this would be enough to fit the category. I am really at a loss as to what they will say, I know that most insurers try to get out of paying if they can. but it is just hard to swallow, especially when you or your partner could lose their life because of the illness.

 

Thank you again for your help.

 

Think you need your own Doctors to respond to the Insurers with the information and that the condition does fit the insurers definition of serious illness.

 

I suspect that the Insurers staff receiving the information are not medically qualified and may not understand the situation unless it is made very clear to them. They may have Doctors they refer to, but if this is by telephone calls giving bits of information, they may no have had all of the information correctly given to them.

We could do with some help from you.

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Think you need your own Doctors to respond to the Insurers with the information and that the condition does fit the insurers definition of serious illness.

 

I suspect that the Insurers staff receiving the information are not medically qualified and may not understand the situation unless it is made very clear to them. They may have Doctors they refer to, but if this is by telephone calls giving bits of information, they may no have had all of the information correctly given to them.

 

Thank you I will try this.

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  • 4 weeks later...

Quick update everyone, after a lot of arguing and promises to involve the FoS, hey have paid out 50% now and the remaining 50% in 3 months time.

 

I did have to escalate to the top, literally speak with the Chief Operation Office and CEO himself, but we got there :)

 

Thanks everyone xxx

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  • 2 weeks later...

Hi,

I have recently been diagnosed with cancer, I have had operations and chemotherapy, and thankfully I am now recovering, I took a month off work in total, due to having to continue to pay my monthly bills, is there somewhere where I can claim, I only got basic SSP and didn't claim anything for the time I had off, but am in a lot of debt now and trying to play catch up, is there a a government place where I can claim to get myself back out of debt, I have been working all my life and contributed to everything and to get knocked by this dreaded disease and trying to get my life back on track, any help and support would be appreciated and thanks for any advice in advance

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