Jump to content


  • Tweets

  • Posts

    • Yes print 3 copies......Claimant Solicitor not the claimant....the address will be the same as your Proposed Notice of Allocation. CCMC Salford.   This is to allocate the claim to track...the next stage of the claim process.....as for if you have to pay .....who knows until it actually gets to a hearing and you win or lose. 
    • now I notice 2 things, 1 they have failed so say who the creditor is so they have failed to create ANY liability 2 thay have failed to indicate the location of the alleged incident, Chalon way industrial estate? housing? multistorey car park? the POFA is clear on this, no correct location, no charge. 3 in the second NTK the image of the car leaving appears to be an image of a car entering the car park on the wrong side of the road ( I do this a lot) As the cameras they use are at best 95% accurate this leaves room for doubt that they have actually captured your vehicle in both pictures as entry and leaving  for the same parking event.
    • E&W=England and Wales for correct sign see TSRGD paper on disabled parking and within that fig 6. note layout and size Whilst you are at it look at all of the suggested floor markings and bay sizes. The ones shown dont pass the regulations. That means they have fiale to meet planning regs. So then we look at intent- now they will argue that the intent is clear but then as the layout, markings and signage fail to follow the code of practice they will be considered advisory (as they should be on private land). Can it be true that you can be sued for ignoring someones advice, esp when there isnt a contractual term that says anything about it in the first place? In the fullness of time you will be copying this pdf and using it as evidence. In the meanwhile you stick to the deadlines imposed by the court procedure and if they fail to pay the allocation fee in tiem you ask for the case to be chucked out. At near the end of thsi month you post your outline defence via the moneyclaim portal and state that (1) the claim is denied as there  was no offer of a contractual term to breach in such a manner  (2) the claimant has failed to show a cause for action against the defendant, being the keeper of the vehicle because they have failed to follow the protocols of the POFA so cannot create a keeper liability in this matter.  The claimant has failed to identify the driver at the time (3) the Particulars of claim are so vague  it is impossible to determine what the claimant is actually relying upon to show a cause for action in terms of the location, date of event and how the the amount of the claim (sum of £160) was arrived at and particulary the signage they rely on to form a contract with the public. The defendant invites the court to issue a Case management Order under CPR3.3 to instruct the claimant provide evidence that signage that expressly offers a contract exists as claimed and that this contract was then breached as the defendant believes that the claim has no reasonable grounds and is a waste of the courts resources and should be dismissed if such evidence is not produced.   the last point may well be ignored whislt the paperwork is processed at Northampton as they dont read much of it and it will only be read once it gets allocated to your local court so prepare to get as far as a hearing in any case.  
    • At the end of the day, I tend to agree that they have been more than reasonable.
  • Our picks

style="text-align:center;"> Please note that this topic has not had any new posts for the last 221 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Over a year ago, a taxi driver ran into my daughter in law car. She is fully insured through my sons business insurance. The driver admitted full liability and wanted to pay for the damage without going through the insurance. But after him becoming a nuisance with phone calls etc to my DIL, my son told him they were going through the insurers.

 

The car was written off and my DIL had to hire a car for a couple of months to enable her to get to work. The insurers sent them a cheque but it was for an amount a lot less than the car was worth so my son refused to cash it. They returned the hire car even though the claim hasn’t been settled as they were going away on holiday and it stated in the T&C that if they were going away the car had to be returned.

 

My son has received an email from his insurers stating that because the third party has failed to make a payment they have now issued court proceedings and in order to take this action further they have paid the court fee on my sons behalf., but he may be able to obtain a refund or help with the fees and so they want him to complete a form based on his financial circumstances from 6 Oct to 6 Nov 2018 and complete and sign a declaration and statement of truth. If he doesn’t meet the criteria (which I doubt he will) then they will seek to recover the court fee from the third party at the end of the claim.

 

Does this seem legit? I am concerned my son may end up with a massive legal bill.

Edited by honeybee13
Paras

Share this post


Link to post
Share on other sites

If they have paid the court fee on your sons behalf...which they should anyway as insurers why send him a form to complete for refund or help with the fees ?

 

What form is this ...EX 160 ?

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?406096-LEGAL-EX160-160A-160c-Court-Fees-are-you-exempt-**Correct-as-at-April-2018**

 

Thread moved to Car Insurance forum.

 

Andy


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

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

That's what I thought. Something doesn't seem right. He definitely will not be entitled to his court fees paid as he earns too much.

Share this post


Link to post
Share on other sites

I cant see a form number the form is called: apply for help with fees

Share this post


Link to post
Share on other sites

Try clicking my link in post#2......is that the same form ?


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

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

Well without knowing the finer details and whether they have issued the claim in your sons name...I suppose they are only going through procedure to see if he would qualify...no harm in completing it..as you assume he will not qualify anyway...but you need to get all the details of this claim and whose name has the claim been made in.


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

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

Thanks Andy. I will see my son this week end and get all the details. My main concern is they will issue my son with a legal bill after the court case.

Share this post


Link to post
Share on other sites

Shouldn't...thats what car insurance is for and anything connected.


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

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

Solicitor rang today, its been to court and got thrown out. My son now has to declare his income for Oct and Nov 18 (bank statements). Apparently there is a new law out which states if he could have afforded to pay for the courtesy car then the insurance will not pay it, they will only pay for the damage to the car, in this case the car was written off. This seem very unfair. So it looks like my son is now facing a few thousand pounds to pay for the courtesy car.

Share this post


Link to post
Share on other sites

Sorry to hear this Kate...but from what you state ties in with the following article.

 

https://www.thisismoney.co.uk/money/cars/article-1692116/Beware-the-car-insurance-courtesy-car-trap.html


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

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites
Solicitor rang today, its been to court and got thrown out. My son now has to declare his income for Oct and Nov 18 (bank statements). Apparently there is a new law out which states if he could have afforded to pay for the courtesy car then the insurance will not pay it, they will only pay for the damage to the car, in this case the car was written off. This seem very unfair. So it looks like my son is now facing a few thousand pounds to pay for the courtesy car.

 

What do you mean by "its been to court and got thrown out"?! What has?

 

And do you mean courtesy car or was it actually a Credit Hire vehicle?

Share this post


Link to post
Share on other sites

Yes I saw that :(

 

- - - Updated - - -

 

What do you mean by "its been to court and got thrown out"?! What has?

 

And do you mean courtesy car or was it actually a Credit Hire vehicle?

 

Unfortunately yes it was a car hire vehicle.

Share this post


Link to post
Share on other sites

Now it looks like he earns just over the limit to enable the Insurers to claim the court fee back, does this mean my son will have to pay for that too? What a farce!!

Share this post


Link to post
Share on other sites

The solicitors are working on behalf of the car rental company. It went to court as the third party have refused to pay the car rental fee. Now my son has to provide all his incoming/outgoings. I really feel he is being harassed. When this case goes back to court and if he looses who will pay for this court time?

Share this post


Link to post
Share on other sites

Sounds confusing...as per my post 7 you need all the details of this claim......If the car rental company have made a claim against a third party...who have refused to pay......how is your son involved in this claim ?


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

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

Sorry for the confusion. After finally pinning my son down. As the 3rd party insurers are refusing to pay the car rental, the car rental solicitors have brought a claim against them. Apparently following a decision in the house of lords anyone hiring a vehicle following an accident is required to disclose all bank info, income etc for a period of 3 months prior to incident date. My sons self employed so the solicitors have just asked for his income. He's been told by the solicitors if the court find that he could have afforded to pay the vehicle hire himself then he will be liable. After googling the car rental solicitors it looks like this happens all the time! My son and DIL had the rental car for at least 4 months while all this was going on. The bill will be for thousands of pounds.

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...