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    • Just remembered!   Now I know this is no laughing matter for either your or your parents, but I guarantee if you read the following  http://nebula.wsimg.com/e3da92cb966c72de63ec1f98605c2954?AccessKeyId=4CB8F2392A09CF228A46&disposition=0&alloworigin=1  by the end you won't be able to contain the giggles 🤣   On a more serious note, quote this in your WS as a persuasive case in (5).  Here there is VCS, someone who left the site, no locus standi, lots of stuff similar to your parents' cases.  And VCS took one hell of a hammering!         
    • You are wonderful, Dave!!   I shall get the WS drafted soon as I can! Thank you so much for your help!
    • I thought they were not allowing people to sign for recorded delivery/special delivery now meaning it could still be argued that they ever received it     
    • Don't worry about the questions - that's what we're here for.   I'll try and flesh out the arguments and answer your questions at the same time.  Let's use "I" to refer to your mum as it's her WS.   1.  Sequence of events Describe briefly that the driver parked in the retail park and visited Citygate garage, thinking it was part of the retail park.  Upon return to the vehicle there was no windscreen ticket or indication of any infringement.  Later I received a PCN for parking in a restricted area, then various threatening letters, after a Letter Before Action which I replied to and finally a claim form.   2.  Locus standi VCS are not the landowner.  The contract they have provided is not with the landowner, it is with another company, it ran out in 2018, the company it is with went into liquidation in 2019, the contract cannot possibly be valid.   3.  No keeper liability VCS should be suing the driver, they have not established keeper liability under POFA (you know all about the 29-56 day stuff, quote it all from POFA).   (Yes!  Good find on their sign!  Include the sign and say VCS maintain they have images that can identify the driver and yet have not identified me as such).   (Yes, keep it vague as to who was driving, it's up to VCS to prove, not you.  They could easily have used POFA correctly but have complete contempt for the law so haven't).   4.  Planning permission VCS go to great pains in their WS to emphasise their signage, none of which I disagree with.  However I do not believe they have planning permission for these signs which is a criminal offence under Town and Country [Advertisements} regulations and means no contract could be formed.  I have requested proof of planning permission from VCS by means of a CPR request but they have not replied.  I have searched XXXXX council planning portal and I cannot find planning permission for the signs.  Their CoP incudes that they must obtain all legal permissions yet they have not done so (look up the bit on the IPC CoP):   (You can't prove a negative.  The work you've done here is more than enough.  They have to prove they have planning permission yet have not).   5.  Predatory practises These are forbidden by the CoP (again, look the section up) (a)  The driver did not find the Notice to Driver on their return to the car although it appears in VCS's photos.  As the car park is patrolled, it is unlikely that a member of the public removed it.  I believe the patrol officer photographed it and removed it.  This is a well-known tactic used by PPCs so that the motorist misses the chance to pay during the discounted period.  I enclose a statement by Mr XXXXX which confirms what i say. (b)  The driver visited Citygate garage which is a matter of metres away from the retail site, in fact the driver thought it to be part of the site.  The patrol officer could easily have mitigated the loss by informing the driver of their mistake, yet did not. (c)  The parking violation alleged was to have left the site, yet the PCN is for a completely different violation, parking in a restricted area.  The area was not restricted, there were no permits to show or payment to be made, it is a free public car park.  This error was made either out of incompetence or deliberately to confuse me and make it impossible to appeal.  In any case in their WS VCS are alleging a completely different breach of contract that that stated in their PCN and in all their previous correspondence I would point out that the patrol officer will not attend the hearing so I will not be able to cross examine him, and I am confident that neither will the WS author since from research I have carried out I have discovered that neither Ambreen Arshad nor Mohammed Wali (VCS's other paralegal) who always write the company's WSs ever attend hearings, presumably to avoid cross examination.  Its is especially easy to attend on-line hearings during the COVID pandemic as no travelling is involved.   6.  Unicorn Food Tax Easy, copy from Alaska 101
    • Good evening. thank you for the add. I have a problem with returning a Dell laptop within a 14 day cooling off period. I bought it online on the Dell uk website, and it was delivered to me on the 6th of September. I could not set it up because I was stuck at one of the steps (got the frozen screen and I could not get past it waiting for hours for something to happen). Then I contacted Dell Technical Support. I spent over 4 hours with their advisors on the phone and whatsapp and they could not help me to resolve this problem. So there seems to be a software( or hardware?) issue and I want to return it. I have tried to arrange a return thru the Dell website by picking the date, however, I did not receive any email confirmation of this and nobody showed up on the day. I phoned and emailed and they said I could not return it. Earlier this week I have contacted both their customer service and complaints emails with no success. They are not giving me their returns address. The guy in the 2nd email was trying to offer me a £130 off voucher but never got back to me with the returns address in the UK. I have used the Resolver  site yesterday to write another complaint quoting Dells own returns policy as well as the Comsumer Rights. My return window is running out. What can I do now?
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No win, No fee?


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My wife had an accident at York Designer Outlet tripping over a raised platform and landing on her right arm fracturing her shoulder. Ended up having to get an ambulance and go to York Hospital.

 

She had first aid treatment and they were pretty quick to come over and get an ambulance. although while trying to establish the facts they did seem to get a little pushy on putting blame onto my wife.

 

She brought food over for my daughter facing me to talk about our food. the seating was next to the raised platform and as she turned to walk didn't see the floor was higher than the rest and there didn't appear to be any markings to suggest otherwise.

 

The guy did argue with me about the floor being a different colour to signify that it was raised and that it had a railing in the middle but from where my wife was stood (photos below) this wasn't obvious.

 

Was going to use a no win no fee company but not sure how good these are and what hidden fees I might expect?

 

I've put in the photo where I was sat and an arrow where wife turned and fell over the platform. There wasn't any markings to let you know it was there

 

YD%202_zpsnxc2r6yh.jpg

 

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Seems to me that tho country has gone too far with blame culture.

Your wife tripped over, I'm sorry to hear, but sometimes the only person you can blame is yourself.

I tripped over a kerb yesterday, can I sue the council because it was not painted bright yellow with warning signs?

 

If the flooring is faulty though, then that's a different matter.

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Seems to me that tho country has gone too far with blame culture.

Your wife tripped over, I'm sorry to hear, but sometimes the only person you can blame is yourself.

I tripped over a kerb yesterday, can I sue the council because it was not painted bright yellow with warning signs?

 

If the flooring is faulty though, then that's a different matter.

 

I don't think that we are especially here to sit in judgement. This response is not very helpful and certainly doesn't answer the question.

 

I think the problem of hidden fees and disbursements is ever present and you should start off by getting very clear statement from the company you are thinking of dealing with as to what is the whole picture – and get it from them in writing. If they don't like the questions you are asking then tell them that you will go elsewhere.

 

One of the problems about no win no fee is that if you end up in litigation and you lose, then you may find that although your own fees are covered by the agreement – the fees of the winner may not be and that would mean that you would still have to pay the winners fees which could be substantial. These are the kind of things that no win no fee companies don't tell you about. You need to ask very carefully about what will happen if you win, if you lose, and if an offer is made which you think is unreasonably low and you want to refuse it.

 

Also, what will happen if you decide that the company you are dealing with is not doing a decent job and you want to move on and either do it yourself or deal with another company. How much will that cost you.

 

How much money do they want upfront? Does no win no fee include indemnity as to disbursements?

 

Lots of tricks, lots of questions. I think you should be careful to do lots of very careful research and ask questions of the company you are dealing with and get it all in writing.

 

At the end of the day you could probably do this yourself but the problem would be estimating the true value of the injury.

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One of the problems about no win no fee is that if you end up in litigation and you lose, then you may find that although your own fees are covered by the agreement – the fees of the winner may not be and that would mean that you would still have to pay the winners fees which could be substantial. These are the kind of things that no win no fee companies don't tell you about.

You need to ask very carefully about what will happen if you win, if you lose, and if an offer is made which you think is unreasonably low and you want to refuse it.

 

The NWNF firms absolutely should make these clear!.

 

ATE (after the event) insurance would normally cover “other sides costs if you lose”, as well as covering the ATE premium (“self-insuring”) if you lose.

You can expect to have the ATE premium come out of your award if you win.

 

The ATE premium won’t cover the other sides costs if:

Your solicitors / the insurers advise you to settle and you choose to continue against their advice.

Also, if a claimant (not suggesting this for the OP, BTW!) was “fundamentally dishonest”, they could lose their ATE cover.

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Seems to me that tho country has gone too far with blame culture.

Your wife tripped over, I'm sorry to hear, but sometimes the only person you can blame is yourself.

I tripped over a kerb yesterday, can I sue the council because it was not painted bright yellow with warning signs?

 

If the flooring is faulty though, then that's a different matter.

 

Where there is blame there is a claim joking aside.

 

I won't make a claim where there isn't justice to make one

but the company that built this shopping centre should make it clear like any other company with markings to inform someone that there is a possible trip hazard or any other hazard for that matter.

 

It's ok me putting blame on them

I never considered it at the time until they got pushy about trying to convince my wife who was actually dazed at the time putting words in her mouth that it was her own fault.

 

Then writing her response down in the notes I find it really unprofessional and a bad tactic to try and get the victim to admit guilt while confused.

 

I'm not actually doing anything yet. I'm keeping my options open and have so far emailed the company with regards to updating them of the situation regarding her arm.

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I don't think that we are especially here to sit in judgement. This response is not very helpful and certainly doesn't answer the question.

 

I think the problem of hidden fees and disbursements is ever present and you should start off by getting very clear statement from the company you are thinking of dealing with as to what is the whole picture – and get it from them in writing. If they don't like the questions you are asking then tell them that you will go elsewhere.

 

One of the problems about no win no fee is that if you end up in litigation and you lose, then you may find that although your own fees are covered by the agreement – the fees of the winner may not be and that would mean that you would still have to pay the winners fees which could be substantial. These are the kind of things that no win no fee companies don't tell you about. You need to ask very carefully about what will happen if you win, if you lose, and if an offer is made which you think is unreasonably low and you want to refuse it.

 

Also, what will happen if you decide that the company you are dealing with is not doing a decent job and you want to move on and either do it yourself or deal with another company. How much will that cost you.

 

How much money do they want upfront? Does no win no fee include indemnity as to disbursements?

 

Lots of tricks, lots of questions. I think you should be careful to do lots of very careful research and ask questions of the company you are dealing with and get it all in writing.

 

At the end of the day you could probably do this yourself but the problem would be estimating the true value of the injury.

 

Thanks I will take all this into consideration

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Where there is blame there is a claim joking aside.

 

So said the old ‘Claims Direct’, and then the tv show.....

Yet it isn’t true. There can be blame, but blame on a body that owes no duty of care, and a claim will fail at the first hurdle.

 

Admittedly here, the venue owes a duty of care to its visitors, and if they have breached it (which is entirely possible), then a claim for personal injury is (equally) entirely possible.

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The architect who designed this shop needs to go to Antarctica and build snowmen there.

What the hell?!?

Follow bazzaS advice and you'll be fine.

It's unlikely that they'll defend the claim all the way to court.

They're insured, so the shop won't lose anything.

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That's the Mantra used by most shoplifter's and those wanting to benefit from an accident.

 

 

We, as yet, do not know how many ££s OP thinks is suitable recompense?

 

 

People think using a NWNF Solicitor will result in a big payout for min cost, but most won't accept a Case unless it is strong. Cavaeat Emptor!

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People think using a NWNF Solicitor will result in a big payout for min cost, but most won't accept a Case unless it is strong.

Is there such a thing as a 'NWNF Solicitor'? Any solicitor can do a conditional fee arrangement if the case has merit. If you think you really have a case choose the best and see if they agree with you.

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The architect who designed this shop needs to go to Antarctica and build snowmen there.

What the hell?!?

Follow bazzaS advice and you'll be fine.

It's unlikely that they'll defend the claim all the way to court.

They're insured, so the shop won't lose anything.

 

The insurers can, and very often do, run claims to trial if liability is denied.

 

It's poor advice to suggest otherwise.

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