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    • https://www.bindmans.com/news/neale-v-dpp-the-right-to-silence-citizens-duties-and-coronavirus-regulations   Perhaps the OP should have said nothing - and risked arrest!   "Firstly, the case calls into question the logic behind aspects of the criminal justice response to the public health crisis created by the Coronavirus pandemic...   "Secondly, it is clear that some police officers have misunderstood and misstated their powers, and citizens’ obligations, under the Regulations and at common law...   "Thirdly, the case confirms reasonable excuses for being outside are not limited to those explicitly set out in the Regulations. Police officers considering whether there are reasonable grounds for believing that an offence has been committed under the Regulations so that an FPN may be issued, or the reasonable grounds for suspicion that are necessary for an arrest, should give proper consideration to any explanation given by members of the public (and what a court might think of them) rather than only recognising those exceptions explicitly listed in the Regulations and/or government guidance...   Fourthly, the case is an example of a failure of the CPS review into prosecutions brought under Coronavirus Regulations, which has found that alarming numbers of cases were wrongly charged..."   Above quotes from the Bindman's article, not the decision.  Case arose from the first lockdown and was in Wales.  Same now?  Also was about not being at home - not mask wearing.    
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

Any Help Accident Not My Fault


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Another point is that many Car Insurances will include a clause that offers to pay the new purchase price if written off within the first 12 months of new car registration.

 

2 years for some of the "posher" policies!

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Kayzer soze,

 

I managed to get the insurance company (third parties) to put the cheque in my name and not my finance ,

 

I told them that I would end up with no car as I didn't have the funds to fix it ,

 

The woman I spoke to was lovely and she agreed and said that she had to advise me that I had to deal with the finance company myself ,

 

I accepted the offer of £2250 and to keep the car ,

I found out the assessor lied about what needed doing it's a LOT MORE ,

 

So I've decided to buy a car ,

I don't know what to do with my car from the finance company

 

but I'm not paying them they went bust and avelo took over ,

 

even the insurance woman stated that she was shocked at how little information they knew about my account ,

 

Ive been ripped off badly and Ive paid over the cars value ,

I just want them to take the car back

 

Also kayzer

 

Because I have to have new insurance I had to declare the accident and apparantly it's up to 25% more ,

 

I also am mad because the accident was not my fault ,

yet in more ways than one we end up suffering long term for someone else not driving properly

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Thanks for that banksarggg,

 

You're right of course, the insurance and finance companies have become a giant self serving monster that only exists to make as big a profit as they can. I know I will ultimately end up worse off from this, I'm just going to try to minimise the damage.

 

Good luck. ☺

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Always by GAP. Most folks see it as an unnecessary rip off, but not when you need it.

 

H

 

+1

 

I've never had GAP myself personally. I will in future.

 

As one of my sons had a brand new car, it was a total write off after an accident where thankfully noone was seriously hurt.

 

Insurance payout did not cover all the finance £ due, thankfully again, he had taken out GAP which covered the rest.

I don't suffer from insanity, I enjoy every single minute of it!!

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Having thought about it further, it's not GAP insurance that's the rip off, it's motor insurance which doesn't cover what it's intended to. The point I've been trying to make is that GAP insurance shouldn't be needed.

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Betterment.

 

Taking "the hit" for depreciation shouldn't be down to the insurance company. The insurance company can't be expected to pay out the same to 2 people who bought identical cars, but one was used sparingly for 3 years, while the other was used commercially and was worth way less at the end of the 3 years.

 

Why should an insurance company have to pay out more than the sum the owner could have realised by selling the vehicle?.

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Dr Fox

 

i hear you and i feel it too , i went to buy a jeep and they wouldnt even insure me !! never ever had that before ive been driving 20+ years !

 

ive now got a 2007 citroen C4 Leob 1.6 16v and im paying £68 a month and i had to pay £180 deposit

and i was lucky to get that because on the comparison site the top cheapest quotes were for "Telematics" !!

 

there is no way im driving with a box on my car like ive just passed my test and am ages 17 ! ,

all this cos of my accident that wasnt my fault ,

 

ive asked why are people getting penalised for someone else,s error and they reckon

 

we are more likely to have another accident ????

 

NO NOT UNLESS some other person not looking jumps out from a roundabout !!

a car to me is getting from A to B but the way it all costs i should get taxi,s lol

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Dr Fox

 

i hear you and i feel it too , i went to buy a jeep and they wouldnt even insure me !! never ever had that before ive been driving 20+ years !

 

ive now got a 2007 citroen C4 Leob 1.6 16v and im paying £68 a month and i had to pay £180 deposit

and i was lucky to get that because on the comparison site the top cheapest quotes were for "Telematics" !!

 

there is no way im driving with a box on my car like ive just passed my test and am ages 17 ! ,

all this cos of my accident that wasnt my fault ,

 

ive asked why are people getting penalised for someone else,s error and they reckon

 

we are more likely to have another accident ????

 

NO NOT UNLESS some other person not looking jumps out from a roundabout !!

a car to me is getting from A to B but the way it all costs i should get taxi,s lol

 

That's what's wrong with the insurance industry and you've got no comeback. I'm not looking forward to when I go to get insurance, even though I was hit when stationary at some lights by a van driver from 100 miles away when his boot got caught in his accelerator! I bet they say it makes me more likely to have another accident, even though I've been accident free since I passed my test in 1992. Imo you shouldn't have to declare non-fault accidents.

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