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    • Hi 1 Date of the infringement  arr 28/03/24 21:00, dep 29/03/24 01.27 2 Date on the NTK  08/04/2024 (Date of Issue) 3 Date received Monday 15/04/24 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012?  Yes 5 Is there any photographic evidence of the event? Yes 6 Have you appealed? [Y/N?] post up your appeal] No  7 Who is the parking company? GroupNexus 8. Where exactly [carpark name and town] Petrol Station Roadchef Tibshelf South DE55 5T 'operating in accordance with the BPA's Code of Practice' I received a Parking Charge letter to keeper on Monday 15/04/24, the 17th day after the alleged incident. My understanding is that this is outside the window for notifying. The issue date was 08/04/2024 which should have been in good time for it to have arrived within the notice period but in fact it actually arrived at lunchtime on the 15th. Do I have to prove when it arrived  (and if so how can I do that?) or is the onus on them to prove it was delivered in time? All I can find is that delivery is assumed to be on the second working day after issue which would have been Weds 10//04/24 but it was actually delivered 5 days later than that (thank you Royal Mail!). My husband was present when it arrived - is a family member witness considered sufficient proof?
    • lookinforinfo - many thanks for your reply. It would be very interesting to get the letter of discontinuance. The court receptionist said that the county court was in Gloucester 'today' so that makes me think that some days it is in Gloucester and some days its in Cheltenham, it was maybe changed by the courts and i was never informed, who knows if DCBL were or not. My costs were a gallon of petrol and £3.40 for parking. I certainly don't want to end up in court again that's for sure but never say never lol. Its utterly disgusting the way these crooks can legally treat motorists but that's the uk for you. I'm originally from Scotland so it's good that they are not enforceable there but they certainly still try to get money out of you. I have to admit i have lost count of the pcn's i have received in the last 2 yr and 4 months since coming to England for work, most of them stop bothering you on their own eventually, it was just this one that they took it all the way. Like i mentioned in my WS the the likes of Aldi and other companies can get them cancelled but Mcdonalds refused to help me despite me being a very good customer.   brassednecked - many thanks   honeybee - many thanks   nicky boy - many thanks    
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How long can repairs take before the vehicle is considered unrepairable


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I have a new motor bike that was damaged by a car reversing into it back in early April 19,

the bike was taken to a repairer and the quotation was accepted and the repairs authorised.

Unfortunately, the repairer cannot get the parts to repair the bike,

 

it has been 6 weeks now and I am having to ask my wife to do 50 miles a day dropping me off at work and picking me up, or pay £60 per day car parking ( one of the joys of working at Heathrow).

 

At what point does the lack of available parts to repair the bike mean that it cannot be reasonably repaired and is written off?

The bike is brand new, less than a week old when it was damaged.

 

I would appreciate some assistance with what my rights are here as the Loss Adjusters are very hard work

 

SteveT15

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Hi Steve and welcome to CAG

 

1. Has the other party's insurer accepted liability.

 

2. What make of motorbike is it.

 

3. Is the bike being repaired by the dealer where you bought the bike.

 

4. Who is your insurer.

 

If liability has been accepted, you should be able to get a temp motorbike so you are not inconvenienced pending repair/replacement.

 

If this was me and my new bike was damaged, I would be chasing my insurer to have a brand new replacement if there was any delay caused by parts being unavailable.

 

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Is it some piece of Italian exotica?  I understand even dealers can experience delays getting spares for something like a Ducatti.

 

Are you claiming on your insurance or direct against the third party?  Is provision of an alternative 'bike covered?

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Italian, but not exotica, Piaggio MP3. Someone backed into it in a car park and bent the frame that house the radiator, that is the part they cannot get.

 

Insurance, do not know who the perp is, no cctv

 

Slick132,

1. Has the other party's insurer accepted liability.

Don't know who did it, just cam back to find it a crushed at the front end, in a mixed car and bike park, no cctv of the incident

 

2. What make of motorbike is it.

Piaggio MP3 500 ie

 

3. Is the bike being repaired by the dealer where you bought the bike.

Yes

 

4. Who is your insurer.

Gone through Lexham, but there is a loss adjuster in between "Marble Arch" they are slower than a moped

 

I have given them a reasonable time to get it repaired, but emailed the Adjuster yesterday to say there has to be a time limit on how long it can take to repair and in my opinion it is up, new one please. I was wondering if there are any specifics about time laid down in some rules somewhere.

 

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Hi Steve,

 

So you have fully comp insurance - that's good considering the party at fault "did a runner".

 

As per the last para of my post above, I would go back to your insurer in writing (posted letter) saying you are not willing to wait any longer for parts to be sourced and, given the age of the machine, you expect them to replace it with a new one.

 

Tell them also you are not happy with the loss adjuster being slow (if that's the case), and you expect a full response within 7 days or you'll escalate your complaint and use social media to make people aware of how you've been treated.

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Does your insurance cover a courtesy vehicle/'bike while under repair?  (Might be an add-on you had to pay for).

 

Otherwise agree with Slick132 except perhaps I'd be demanding a new 'bike or a similar courtesy replacement until yours is repaired.  I wouldn't use social media but a lot of people with complaints say it's very effective.  Depends how responsive your dealer and insurance company are to social media criticism.

 

Don't forget to keep a copy of what you send and get a free certificate of first class posting (deemed delivered two days later).  They can refuse to accept "signed for" delivery.

 

EDIT: Don't understand slow Loss Adjuster.  Sounds open and shut.

Edited by Manxman in exile
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Manxman, I have sent the adjusters and email demanding either a replacement bike or another means of transport until mine is fixed. I will give them a couple of working days to respond and then formalise it in letter form if required.

 

My wife used to work for Loss Adjusters, although on property. They are a law unto themselves.

 

I can't go direct to the insurance company as they are offshore in Gibraltar and I suspect that is purely an office of convenience address.

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OK.  Wait for a response.

 

Our car insurance is underwritten by a company in Gibraltar, but our insurer still has quite a large presence in the UK  (one of Which? best buys).  Are you sure you can't contact the insurer?

 

(I raised my eyebrows when I saw we were underwritten in Gibraltar, but being from the Isle of Man thought it would be hypocritical of me to be concerned!  So far as I know, you still get all the financial protection as you would with a UK underwriter, and can still complain to the UK insurance ombudsman if you make a formal complaint to your insurer and they don't resolve it to your satisfaction.  But you need to follow the correct procedure.)

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The Insurers are Alwyn Insurance Company Ltd based in Gibraltar  via Lexham the brokers and Marble Arch the loss adjusters. It just happens that Lexham and Marble Arch are both based in Diss and not very far apart. Coincidence?

Edited by SteveT15
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Diss is a very nice town just a few miles down the road from me.  I can't imagine it's more than a co-incidence (well it might be but nothing nefarious I would hope!).

 

However, I don't know where you live, but Diss may very well work on a different perception of time than you do.  They might not be in the same century.  (Only joking, honest!).

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A quick look at online reviews shows Lexham to be pretty well-rated.

 

So I'd focus on politely suggesting that they get your bike repaired or replaced quickly considering the delays that have occurred so far. And I'd argue any suggestion that you should speak to the loss adjusters - you pay the broker and it is THEY who should sort this.

 

I think a posted letter would be best saying what I said in post #6 above.

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We lived in Heveningham (nearly Norfolk) and East Rudham so very close to being Norfolkatised. Actually Sussex born and bred.

 

There is actually is a relationship between the Brokers and the loss adjusters, see below taken from the insurance paperwork:

 

"This claimline is operated on our behalf by Marble Arch who will be able to confirm what cover your insurance provides and what assistance and services may be available to you."

 

So Lexham are actually in bed with the loss adjusters, a bit incestuous possibly, conflict of interest etc. They get their fees from the insurance company, but are in bed with the broker who is supposed to operate on their clients behalf.

Edited by SteveT15
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Just put the insurers on notice that you're not willing to wait any longer for a resolution to a fairly simple case, and ignore th e loss adjusters.

 

Keep us posted ...................

 

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Having just checked, I think some of the brands belonging to that group are/were quite exotic.

 

I wonder if there are real difficulties getting replacement parts, even for a dealer or distributor?

 

But that's your insurer's problem - shouldn't be yours.  Do they specialise in 'bike insurance?

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new bike time IMHO.

that's what ins is for!

 

parts are freely available on ebay but I wouldn't feel safe as its a complete subframe in one bit.

basically a total stripdown and rebuild on a new subframe

more like the repairer doesn't want to do it as it will lead to not much of a profit to them in man hours.

 

 

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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Piaggio probably have a UK main parts dealer. I would be surprised, if they could not get hold of the part or if Piaggio just don't provide the part for some reason, you could ask them to send you an email confirming.

 

I have come across dealerships that sell and service/repair vehicles not being great at sourcing parts. You would think they contact the manufacturers parts suppliers. But for some reason, they just fail and then the claimant with the damaged vehicle then gets hold of the part for them.

 

So you might have to make a few phone calls.

We could do with some help from you.

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