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    • Well we can't predict what the judge will believe. PE will say that they responded in the deadline and you will say they don't. Nobody can tell what a random DJ will decide. However if you go for an OOC settlement you should still be able to get some money
    • What do you guys think the chances are for her?   She followed the law, they didnt, then they engage in deception, would the judge take kindly to being lied to by these clowns? If we have a case then we should proceed and not allow these blatant dishonest cheaters to succeed 
    • I have looked at the car park and it is quite clearly marked that it is  pay to park  and advising that there are cameras installed so kind of difficult to dispute that. On the other hand it doesn't appear to state at the entrance what the charge is for breaching their rules. However they do have a load of writing in the two notices under the entrance sign which it would help if you could photograph legible copies of them. Also legible photos of the signs inside the car park as well as legible photos of the payment signs. I say legible because the wording of their signs is very important as to whether they have formed a contract with motorists. For example the entrance sign itself doe not offer a contract because it states the T&Cs are inside the car park. But the the two signs below may change that situation which is why we would like to see them. I have looked at their Notice to Keeper which is pretty close to what it should say apart from one item. Under the Protection of Freedoms Act 2012 Schedule 4 Section 9 [2]a] the PCN should specify the period of parking. It doesn't. It does show the ANPR times but that includes driving from the entrance to the parking spot and then from the parking place to the exit. I know that this is a small car park but the Act is quite clear that the parking period must be specified. That failure means that the keeper is no longer responsible for the charge, only the driver is now liable to pay. Should this ever go to Court , Judges do not accept that the driver and the keeper are the same person so ECP will have their work cut out deciding who was driving. As long as they do not know, it will be difficult for them to win in Court which is one reason why we advise not to appeal since the appeal can lead to them finding out at times that the driver  and the keeper were the same person. You will get loads of threats from ECP and their sixth rate debt collectors and solicitors. They will also keep quoting ever higher amounts owed. Do not worry, the maximum. they can charge is the amount on the sign. Anything over that is unlawful. You can safely ignore the drivel from the Drips but come back to us should you receive a Letter of Claim. That will be the Snotty letter time.
    • please stop using @username - sends unnecessary alerts to people. everyone that's posted on your thread inc you gets an automatic email alert when someone else posts.  
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      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Car Tax Help


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Why can't you move your car, cancel insurance and declare SORN ? Is this because it does not have an MOT ? You could move it, but if the Police stop you, then you would get done for an offence. You could get it towed to your friends.

 

If you buy a cheap around to use, you could just do a change of car on current policy, rather than cancelling the policy. This is on the basis the damaged car is SORN and taken off the road, while it is repaired.

 

 

 

This is what I am asking, can I move the car to a mates driveway, declare as sorn and get a run a round and transfer the insurance to run a round so this damaged car would essentially be declared as SORN, un-insured and sitting on a driveway. can I do that, is that allowed.

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If the rider has not been identified then the Insurers are not liable to you under the Road Traffic Act, it will be classed as you being hit by an uninsured driver.

 

You need to contact the MIB who after investigations will pass it back to the Insurer of the biker to handle as an "Article 75 Insurer", very basically this means the other Insurer is not liable under the RTA but due to their (Compulsory) membership of the MIB they're obliged to deal with the claim on behalf of the MIB.

 

Basically it's an MIB uninsured driver claim but as there's a policy in force, the MIB compel the Insurer (Who won't be very happy) to pay the claim out of their own funds.

 

An "Article 75" Insurer is not the same as a normal Insurer as there are certain things they're not liable for which they would be liable for if they were liable to pay the claim under the Road Traffic Act, these restrictions are unlikely to affect the type of claim you have.

 

You can try and bang some heads at the other Insurer and remind them they're an "Article 75 Insurer" and thus can they just handle the claim now although they generally won't get involved until the MIB have become involved and confirmed they're an Article 75 Insurer.

 

Unfortunately the MIB are very slow

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If the rider has not been identified then the Insurers are not liable to you under the Road Traffic Act, it will be classed as you being hit by an uninsured driver.

 

You need to contact the MIB who after investigations will pass it back to the Insurer of the biker to handle as an "Article 75 Insurer", very basically this means the other Insurer is not liable under the RTA but due to their (Compulsory) membership of the MIB they're obliged to deal with the claim on behalf of the MIB.

 

Basically it's an MIB uninsured driver claim but as there's a policy in force, the MIB compel the Insurer (Who won't be very happy) to pay the claim out of their own funds.

 

An "Article 75" Insurer is not the same as a normal Insurer as there are certain things they're not liable for which they would be liable for if they were liable to pay the claim under the Road Traffic Act, these restrictions are unlikely to affect the type of claim you have.

 

You can try and bang some heads at the other Insurer and remind them they're an "Article 75 Insurer" and thus can they just handle the claim now although they generally won't get involved until the MIB have become involved and confirmed they're an Article 75 Insurer.

 

Unfortunately the MIB are very slow

 

 

And when shall I expect the bikes insurer to tell me this as at the moment I am being fobbed off, It should be noted that the bikes insurer is axa private, a different company from axa general and swiftcover.

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Is the name the rider gave you his correct name?

 

If it was a genuine person (I would recommend you search 192.com for the name and facebook etc), you should be able to claim from the other Insurer (Axa) under the provisions of the Road Traffic Act, as I explained in earlier posts. If the rider gave you a made up name or you otherwise cannot trace him then it will be an MIB article 75 claim as explained in post above.

 

It's not a quick process as the Insurer will be trying to establish the circumstances and policyholders in these circumstances tend not to respond

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Is the name the rider gave you his correct name?

 

If it was a genuine person (I would recommend you search 192.com for the name and facebook etc), you should be able to claim from the other Insurer (Axa) under the provisions of the Road Traffic Act, as I explained in earlier posts. If the rider gave you a made up name or you otherwise cannot trace him then it will be an MIB article 75 claim as explained in post above.

 

It's not a quick process as the Insurer will be trying to establish the circumstances and policyholders in these circumstances tend not to respond

 

This is a farce. If the bike was not stolen and the bike policy was just in one name, then the bike Insurers should do the same as they would with a car policy. They would write saying a third party has claimed you had an accident with them on x date and as you have failed to contact us, then we have no option but to deal with the claim. Etc etc.

 

Why let it go to the MIB and then they pass to the bike insurers anyway ?

We could do with some help from you.

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UPDATE

 

 

I have managed to buy another car to get us about, transferred the insurance over, upgraded to fully comp and added courtesy car hire as well as breakdown cover so I don't get stung again. taxed the new car online and declared the old car as SORN and moved car to a friends driveway, It has put a massive financial strain on us as a family now through, hopefully not for too long and the insurance get themselves sorted, but I am not holding out much hope for a quick resolution.

 

 

With regards to the name given to me at the scene, how on earth would I know its a genuine or fake name, I just know it does not match the name of the policy holder of the bikes insurance, I didn't get a good look at face as was wearing helmet.

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I am not sure it matters who was riding, if the bike was not reported stolen. Either it was the policyholder giving a false name or one of their friends riding with their permission. You have suffered a loss, the bike had Insurance and one way or another, the bikes Insurers will have to deal with a claim. Depends how pedantic they want to be.

We could do with some help from you.

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I am not sure it matters who was riding, if the bike was not reported stolen. Either it was the policyholder giving a false name or one of their friends riding with their permission. You have suffered a loss, the bike had Insurance and one way or another, the bikes Insurers will have to deal with a claim. Depends how pedantic they want to be.

 

 

 

Yes indeed, interestingly the bike IS now showing as stolen apparently on some database, but I know it was not initially for a good few days, even when they had managed to contact the policy holder, it still does not explain there odd behaviour and avoidance tactics.

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I am not sure it matters who was riding, if the bike was not reported stolen. Either it was the policyholder giving a false name or one of their friends riding with their permission. You have suffered a loss, the bike had Insurance and one way or another, the bikes Insurers will have to deal with a claim. Depends how pedantic they want to be.

 

It makes a huge difference as I've explained.

 

The RTA makes the Insurer of the bike liable for riders who are not insured by the policy if a "Judgement" is obtained against them, rather than go to the hassle and costs of a judgement this is treated as whether the rider was "identified" eg you have someone's name and as you have the persons name you could get a judgement. To make it easier and cheaper the judgement does not need to be obtained, you just need to know who the rider was.

 

If not identified it's an Article 75 Insurer situation which generally means a longer drawn out process being batted between the Insurer and MIB with the outside possibility the owner of the bike saying he'd sold the bike prior to the accident which would mean the Insurer would have no liability.

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It makes a huge difference as I've explained.

 

The RTA makes the Insurer of the bike liable for riders who are not insured by the policy if a "Judgement" is obtained against them, rather than go to the hassle and costs of a judgement this is treated as whether the rider was "identified" eg you have someone's name and as you have the persons name you could get a judgement. To make it easier and cheaper the judgement does not need to be obtained, you just need to know who the rider was.

 

If not identified it's an Article 75 Insurer situation which generally means a longer drawn out process being batted between the Insurer and MIB with the outside possibility the owner of the bike saying he'd sold the bike prior to the accident which would mean the Insurer would have no liability.

 

Given the value of this claim is likely to be low, i would question what approach the Insurers take. If it is a smallish claim and their policyholder is not cooperating ( failure to disclose accident or answer to Insurers requests for info), then they could just decide to deal with it.

 

But i understand the points you are making. The OP now says the bike is being reported as stolen, which makes it more difficult.

 

The Police don't appear to be interested in investigating further, but perhaps further enquiries should be made of them, now the bike has been subject to a late notification of theft. I would also contact the bikes Insurers to mention what is happening, so they can investigate. Has the bikes owner made a claim for theft ?

We could do with some help from you.

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Hi, I do not know exactly when the bike was reported as stolen or by whom, I am not privy to that information, all I know is it was not initially reported as stolen in the initial days, but ever since the bikes insurer has managed to get hold of the policy holder they have been acting oddly, hanging up, panicking, out of the country etc.... very evasive.

 

 

The claim would not be for much my end, my car is worth around the 1k mark.

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Hi, I do not know exactly when the bike was reported as stolen or by whom, I am not privy to that information, all I know is it was not initially reported as stolen in the initial days, but ever since the bikes insurer has managed to get hold of the policy holder they have been acting oddly, hanging up, panicking, out of the country etc.... very evasive.

 

 

The claim would not be for much my end, my car is worth around the 1k mark.

 

I think you should go back to the Police and phone the third parties Insurers. Are they now making a theft claim on their bike following this accident in some dodgy way ? Sounds like they think a false report of theft will avoid them getting into trouble regarding the accident.

We could do with some help from you.

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I think you should go back to the Police and phone the third parties Insurers. Are they now making a theft claim on their bike following this accident in some dodgy way ? Sounds like they think a false report of theft will avoid them getting into trouble regarding the accident.

 

Yes but I am not 100% when exactly the theft claim was made, and its all if's and but's, policy holder could say they panicked on phone when insurance first got hold of them because they didn't know, so hung up to go check, I don't know its clearly something is a miss, but the police don't have any 'evidence' of anything.

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Yes but I am not 100% when exactly the theft claim was made, and its all if's and but's, policy holder could say they panicked on phone when insurance first got hold of them because they didn't know, so hung up to go check, I don't know its clearly something is a miss, but the police don't have any 'evidence' of anything.

 

It would not hurt making these enquiries.

 

If you don't follow this up, the third party Insurers won't deal with any claim you tried to make. You will be left to contact the MIB, if you want to oursue a claim, as Dacouc advises.

We could do with some help from you.

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It would not hurt making these enquiries.

 

If you don't follow this up, the third party Insurers won't deal with any claim you tried to make. You will be left to contact the MIB, if you want to oursue a claim, as Dacouc advises.

 

I have asked these questions to the police and the bikes insurer, I just keep getting dead ends, its not that im not asking or not trying here, its been what 10 days since the accident and I have phoned the bikes insurer 4-5 times already, almost every other day.

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last time I had to deal with an insurance company over the phone was a nightmare, I started e-mailing them photo's and the situation soon turned, when talking to the motorbike's insurance company next ask them for a contact email address and a reference number, then simply sending all the photo's you have of the bike on the floor may or may not help not sure, but it's something else for you to work with

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UPDATE

 

 

The bikes insurance company axa private have told me they are not going to pay out

because they are saying to me the bike was stolen at the time of the incident

so they are not negligible,

 

 

told me that unless I had the name and address of person riding the apparently stolen bike

then they would not pay out.

 

 

When I said well, I have a name but whether its legit or not I do not know,

the guy did a runner with a friend.

they just said ohh well, thats a shame, not our problem,

 

 

I am getting proper fed up with this now,

my car has been written off by this motorbike,

stolen or not, yet I am left being punished,

 

 

no-one will tell me any information about anything

eg I asked when the bike was reported stolen,

both the police and bikes insurer refuse to tell me

because 'its non of my business' apparently.

 

What are my next steps, ohh yeah and axa private refused to give me an contact email address.

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Contact the MIB who deal with with uninsured claims, saying the bikes Insurers are refusing to pay, as the rider was not identified and sthe bike has since been reported stolen. Explain everything to them.

 

https://www.mib.org.uk/

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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Hi all.

 

 

my car was written off by a stolen motorbike on 16th March (separate thread)

 

On 25th march I was able to buy a run a round, transferred the insurance,

moved broken car to friends drive, declared as SORN and taxed new car, all ok.

 

Payment for new tax on new run around to commence from 14th April, I think its wrong I have to pay from 1st march when I didn't even get this new car until 25th March, but I guess that's a different issue.

 

on 1st April a car tax payment came out via DD for OLD car which I declared as SORN

and have email confirmation of SORN status on 25th March, this payment should not have been made.

 

Who do I complain to, what do I do to get this payment returned.

 

 

Thanks

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DD gurantee to your bank?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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the two threads still exist and the titles..

simply in the same place for history.

 

 

DD guarantee should work tezza

go ring your bank

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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