Announcements
-
-
Tweets
-
-
Posts
-
By discod2014 · Posted
They were left in my porch. -
By discod2014 · Posted
No they came here to my address he lived here when he bought the car. Hes not listed as being here never has been he left home and came back briefly. -
By lee19921992 · Posted
Bankfodder, i use this forum and have learnt alot, i can assure you im not wasting any ones time. My sister is going to come on here after 8, she will be able to give you more details ect. Thanks. -
1st they are not a DCa they are bailiffs...big difference. can i just ask an important question before we go any further he did physically receive these PCN's by that i mean to the address where he legally resides? -
By BankFodder · Posted
Well frankly I think the evidence is there – and I expect that I could argue in front of a judge that on the balance of probabilities it was the other person's fault – and I would win. It's going to be beyond doubt that the sister was driving along on her side of the road – and so she had priority. Secondly, it is going to be remarkable if the van says in fact that he wasn't facing into the traffic and in fact that he was facing in the direction of the moving traffic. So on the basis that there is going to be no dispute over the fact that he was facing oncoming traffic when he was parked and that he pulled out in order to leave his parking space – it is absolutely clear that because he was "on the wrong side of the road" he didn't have a line of sight to the oncoming traffic. When he pulled out facing the oncoming traffic, it was his passenger-side which came into view first and in order to acquire a line of sight he had to pull out even further in order for him – as a driver – to see any approaching traffic. By this time of course he would have been pulling into the line of oncoming traffic effectively blind and would have to have pulled his van out quite substantially thus placing any oncoming traffic in danger because of what was effectively a reckless manoeuvre by the van driver. Of course, we don't know what time of the day this occurred. It's very unfortunate that the OP seems not to be interested in make any further contributions to this thread even though there is great interest in it and a great deal of discussion. The OP should engage with this thread in order to avoid wasting everybody's time here – and of course not doing the best for his sister. However, if the accident happened during the hours of darkness – and it was in January, so late morning and early evening – then we would also have to consider the legality of parking on the wrong side of the road at night. But even without that, it's clear that somebody who parks on the wrong side of the road – with driver-side next to the kerb – and so who is obliged to pull out blind into oncoming traffic, is placing everyone at risk. I don't see any great problem in persuading a judge that on the balance of probabilities, the sister was blameless and that the van driver was at fault. I'm afraid once again we are dealing with either a lazy – or imaginative or both – insurance company. Of course the referral of this woman to an incredibly expensive rental service is also disgraceful, opportunistic – and in my view, unfair. I would also be looking at ICOBS.
-
-
Our picks
-
Post in Bailiffs in at BBC obtain 7 years interest on overpayment of TV licence
Its WAR posted a post in a topic,
I sent in the bailiffs to the BBC. They collected £350. It made me smile.
-
-
Post in Court Claim Against Hermes - item sent via Packlink was lost/tampered with **WON at mediation full amount **
jj58 posted a post in a topic,
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!
Picked By
BankFodder, -
-
***Hermes and mediation hints ***
BankFodder posted a topic in Postal and Delivery Services,
Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003-
- 1 reply
Picked By
BankFodder, -
-
Natwest Bank Transfer Fraud Call HMRC Please help ***Refund in Full***
waz70 posted a topic in NatWest Bank,
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
Picked By
waz70, -
-
-
Recommended Topics
-
-
Recently Browsing 0 Caggers
No registered users viewing this page.
-
Have we helped you ...?
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now