Jump to content


  • Tweets

  • Posts

    • Makers of insect-based animal feed hope to be able to compete with soybeans on price.View the full article
    • 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  
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Car pile up on A road, car written off, TPFT only


The Phantom
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 1406 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Yes, I'm afraid it will also mean that you will have to pay the hearing fee which is crazy seeing as they admit it.This shows the quality of the advice they are receiving.

 

Who are the solicitors and what is the name of the paralegal? We may as well all know and have a laugh

Link to post
Share on other sites

Well clearly they don't have the practical good sense to advise the client to cut their losses and simply pay you out and save the time and trouble and money and inconvenience to themselves, to you, to the client, to the insured – everybody. If that the only people who win here are Plexus who presumably get additional money and of course Bismah Qaisar Paralegal who has a job.

Link to post
Share on other sites

Could you point me to where you have posted the claim form please

Link to post
Share on other sites

I don't know – just whatever documents you served as your claim which contain the facts of your allegations

Link to post
Share on other sites

If you can just post the actual document which you served then that will be helpful thank you.

Link to post
Share on other sites

Okay – you did allege that she pushed you into the car in front and that was what caused the damage.

Your position will be that she's admitted negligence, she admitted colliding with the back of your car and there is no evidence to suggest that you had already hit the car in front.

Were there any skid marks near your vehicle? If your car had been pushed in the car in front then there might reasonably be some skid marks from your vehicle

Link to post
Share on other sites

When the accident occured in December it was 5 pm and pitch black, the road was also a bit wet from a drizzle that evening. You couldn't really see if there were any marks on the road. It's not a place you could go back the next day and have a look either, as it is a very busy A road. 

It was something I thought I could get from the police report, but they never even did a report of course

 

The only thing I can think of is that if I had hit the car in front whilst moving on my own steam (i.e. actively driving into the back of that vehicle) the damage to that car as well as  the front end damage to mine would have been far more severe. 

We need to remember that the lady in front of me only sustained light damage to her car (rear bumper) and was able to drive home in her car on her own with no problem. If I had driven full pelt into her I think she would have sustained worse damage than she actually did.

 

The fact that she got away so lightly was due to the fact that my car was pushed and not driven into her.

 

I was thinking of maybe contacting my insurance Halifax and checking with them whether they have accepted a claim for that damage and how bad the damage was.  Or whether they just passed it on to Direct Line as well , because I was pushed and what Direct Line's response to them was.

 

 

Link to post
Share on other sites

Received the attached from court today. 

 

It's the allocation questionnaire as expected.

 

I will return this to court next week, the questions are pretty self explanatory.

However, I have two questions:

 

1) Mediation : should I tick yes to this as a matter of course ? I don't believe this is suitable for mediation really, but will it be held against me if I tick "no" ? It obviously says you need to be flexible when entering mediation, but in this case the other party has to pay for the damage they caused and the accrued costs, there is little flexibility on my side on this, but I am worried it may count against me if I say "no"

 

2) D2 - do I list the damage report I have as written expert evidence and put the cost as £78 which is what it cost ?

 

Scan3.pdf

Link to post
Share on other sites

Have you uploaded the whole form?

Link to post
Share on other sites

Have returned the AQ 

I ticked 'yes' to mediation, just in case. 

Also listed the damage report under D2 - Expert witness written statement and showed the cost of £78 as already incurred.

 

Also had a response form the Police Collision Unit. They will waive the fee of £35 for the supply of the details of the lady who was in the car in front of me.

I should get her details in the post shortly and will make contact with here then and see if she can provide me with a statement

  • Like 1
Link to post
Share on other sites

Had a letter from the Collisions Unit of my local police station today.

They sent me free of charge  the details of all vehicles involved in the crash, it appears there were six in total.

I now got the details for the lady who was immediately in front of me, she doesn't live far from where I am.

I'll write her a letter over the week end and hope she agrees to give me a statement.

 

Otherwise no news.

 

I have returned the completed AQ to court and it was received there Wednesday.

 

I haven't received the copy of the other party's AQ yet from Plexus Law. I will send them my copy when I get theirs.

 

 

Link to post
Share on other sites

If I were you I would drop her a very nice and gentle and informal note and basically say that you are one of the people involved in the accident the other day. You hope that she doesn't mind that you are provided with her details and the details of the other drivers involved by the police. You'd be very happy to share this information with her if she would like and you hope you don't mind that you would like to meet up with and have a chat because there seems to be an insurance issue with another driver – not her – and could you come round.

This would be the best way to approach her. Then if she says yes then you could go round and in a very relaxed way asking various questions and say was she aware how you managed to run into the back of her, you hope she's all right – asked after her health – express interest in her – and then ask very gently would it be all right if you reported to the insurer that you were pushed into her and it wasn't you who drove into her first. You can congratulate her on having stopped – and say you also had stopped – but the person behind you managed to push you into her and damage all three cars.

You will find it is much better to do this face-to-face and then if she confirms what you think, ask if you could make a few notes and she would be prepared to sign it because you are having difficulty with your insurer.

Much better to do this face-to-face. You can't imagine how many people could produce excellent statements but if there simply asked to do so in writing, you don't hear from them again. Face-to-face is always best – a nice gentle polite friendly – create trust first of all and then see if she will sign the notes. Don't call it a statement. People don't like that. It sounds too formal

  • Thanks 1
Link to post
Share on other sites

  • 2 weeks later...

Attached the Allocation Questionnaires.

I only received theirs today, they also filed late with court

 

I think they forgot about it and only remembered to do the AQ when they got my copy.

 

Note they ticked no to mediation, so they obviously trying to drag this out as long as possible , as a court date will be further away than a mediators appointment, but that's OK.

At least it's not me who declined mediation

 

no response yet from the lady I contacted about the accident. Having said that, all I have for her is the address the car is registered at, she may not actually be there at the moment. I have no way of knowing

AQ.pdf

Link to post
Share on other sites

Is Truro your local court?

Link to post
Share on other sites

Yes. You're right. I was worried that maybe you were over the other side of the country somewhere and would have a long journey.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...