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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.
    • well post it here as a text in a the msg reply half of it is blanked out. dx  
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allianz insurance my nightmare


stevvieboi
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hi folks, in a bit of a predicament regarding an accident back in July 2016.

 

I am insured through Allianz through safeguard for my motorhome insurance,

 

 

back in July i had a buyer for it, so decided to use it one last time before parting with it.

on my way home, passed through a town not far from my home address,

 

 

is a narrow street, with cars parked down one side,

in designated parking bays,

but these take up half of the road lane,

meaning anyone passing will have to straddle the other lane of the road,

the wrong side,

the other lane has double yellows,

so no parking.

This was the lane i was travelling along,

 

 

when approaching near the end of line of parked cars,

this driver decided not to wait or give way to avoid an accident,

the road is clear to see if anything is coming,

and parts where you can pull into to allow the oncoming traffic to carry on their journey.

 

My motorhome at its widest point is just under 9ft wide,

taking up its presence on the road,

the main street is that narrow at points,

it is not safe to pass,

as their is just not enough room,

 

 

when i realised this driver was not going to stop,

i slammed on my brakes,

almost at a standstill when he hit my mirror,

smashed it,

dented the door,

and scrapped along the coach body of the motorhome.

 

i pulled into the space right across the road from me,

where he should have pulled into,

 

 

he admitted he should have gave away,

then saying he was as far over as he could go,

meaning if one of the parked cars opened their door,

he would have taken that off,

as well as hitting me,

 

 

exchanged details,

to find out later he is disputing the claim saying it was my fault,

when he was on my side of the road,

nowhere for me to go to avoid him,

other than mounting a pavement or driving into a building,

one of the local businesses seen what happened and gave me his contact details for a witness.

 

My problem now is,

the insurance company say they have not received anything from him and him saying he has sent them it twice,

and without this statement i would have to accept responsibility or go 50/50,

 

 

i have even given them a dash cam vid of the road and where the accident happened,

not a clip of the actual accident,

but more to show the condition of the road,

and space with passing cars in both directions,

 

 

they are now saying that they can check this on google,

and because the clip is not of the actual accident,

it would not count.

 

Now google cant show the road conditions,

of passing cars,

and the clip was done to prove this fact,

seems to be a known area for this happening,

informed them the repairs would not be done until it had being resolved.

 

Recently got a call from the bodyshop saying the insurance company has now authorised the claim,

and booked it in,

 

 

i presumed it had now being resolved and the 3rd party had accepted responsibility,

no letter,

call or email from my insurance to tell me this,

 

 

when it has not being resolved and i would have to pay the 300 excess,

depending on how the 3rd party goes,

it would be claimed back from their insurance.

 

I feel now they have taken the upper hand and forced me into a position,

where i have told them i will not accept any responsibility for the accident,

and prepared to take it to court,

where i was informed it would not go to court as the claim was under 1k and my only option is to accept a 50/50.

 

I have also had a lot of out of pocket expense,

as the motorhome is now not worth what i had a buyer for it last year,

and as they have not got the witness statement,

then i have no case to answer and will have to accept 50/50.

 

I rang the motor legal protection i had on my policy,

found out this is a complete waste of money as they offered no help at all,

and said it would be better to just accept 50/50.

 

 

i have being up a few times to see the witness,

even leaving him a copy of the witness statement for him to sign,

has asked me to come back for it next week,

but if i have problems getting this off him

 

 

where do i stand,

what can i do,

as it will also affect my future insurance,

and for an accident where i was at no fault at all

and thoughts on this would be greatly appreciated

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You either accept 50/50 or you yourself take the third party to court to claim everything e.g cost of repair, excess etc. You have to build your own case, as your Insurers are refusing to do this, because so far they have little to justify them pursuing it.

 

It is your decision to take, but if you lose any court claim, then it is at your cost. You will have taken the matter on, independent to your Insurers.

We could do with some help from you.

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