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    • Here's something I'm hoping to clarify before I get in trouble for it:   There is a street close to where I live that was transformed into a temporary Pedestrian and Cycle Zone due to a school that's there. I know I can't enter it during those times, but can I be fined for having my car parked on that street while the zone is active? So far I have only heard one interpretation, from my neighbour, who said you can have your car parked there and you can exit the zone while it is operational, oddly enough, but before I take her word for it I want to get some more opinions on the matter.   For reference, here is what the Council's own website states: "It is an offence to enter or drive in an active school Street without a valid school street permit." (emphasis mine) Would this prove my neighbour right or can they still find a different interpretation to it that would carry the risk of a fine if I park my car there?   The sign for the zone is very similar to the image attached below, only different operating times.      
    • good i can see where you got that from  pers i'd put back, suitable adapted the line:   3.Throughout this period XXX only ever served estimated bills which were grossly over estimated with values unrelated to actual use. There was and still remains an unresolved dispute with XXX which was never resolved prior to the assignment of the alleged debt.
    • Hi Mr S,   Read other threads here posted over the last year or so.   We pretty much advise the same thing - ignore demands from the gym, their admin company, any DCA they use and any legal firm they use.   No need to engage with the gym or admin company to discuss or argue your wish to cancel - it'll get you nowhere.   If you want to leave the gym now, just give a month's written notice then cancel the DD m,andate .   If you want to cancel from October 2021, confirm this to the gym in writing early October, allow the final DD to be taken in October, then cancel the DD mandate.   You'll see from other threads that no action is taken to claim money and gym m/ships do not affect your credit records.
    • Update on the situation:   Following the run in with the police he has actually gone to the police station himself to question what he was told and was told there is no issue with him idling or moving the car around the car park, so the police officers who told him that were wrong.   As a side note, he knows who it is that's reporting him. Seems to be a bit of a feud between them, but the clarification he got from the police should at least stop them coming around every time a report is made.   Thank you to everyone who replied to this question!
    • I have had another good look around but still struggled to find any templates. I did find a defence on a thread that I have adapted below. I would greatly appreciate some input before I file it. Again, many thanks in advance.   Defence   1. I the Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   2. It is admitted that I have had a supply and service agreement with Co-operative Energy in the past. During the period, Co-operative Energy actively blocked me from hanging to a cheaper tariff or switching provider as there was an outstanding balance on the account.   3. Throughout this period Co-operative Energy served estimated bills. This is shown in the one copy of a bill that the claimant has been able to provide. The claimant has given no details as to the full breakdown of their claim and what dates it relates to, so I am unable to defend specifically until the claimant can particularise and quantify its pleadings.   4. Pursuant to OFGEM code of back billing rules the alleged charges are now over 12 months old and relate to charges which have not been billed correctly by Co-operative Energy and are therefore prevented from charging.   5. The claimant does not have access to the agreement nor was the Assignor required to retain a copy. Therefore their claim is unsubstantiated.   Pursuant to the civil procedure rules Practice Direction 16 (7.3) Where a claim is based upon a written agreement.   1) a copy of the contract or documents constituting the agreement,  the original(s) should be available at the hearing along with a complete breakdown of how the charges accrued by date and amount.   With the court’s permission the Claimant is put to strict proof to: -   a) show and disclose how the Defendant has entered into an agreement. b) show and disclose how the Claimant has reached the amount claimed. c) show how the Claimant has the legal right, either under statute or equity to issue a claim.   6. As per Civil Procedure Rule 16.5 (4) it is expected that the Claimant prove the allegation that the money is owed.   7. It is therefore denied that the defendant is indebted to the claimant as alleged or at all.
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Apologies if this rambles slightly I feel a little brain dead after yesterday 

 

I just want to know if I'm being unreasonable in one of my points (holding them responsible for costs to possibly damaged engine if I can get an engineer report) 

 

Basically broke down in a layby on the a43, steam from bonnet high engine temps

 

RAC arrives declares it a minor leak and tops up then says OK to continue (4 miles to services) then recheck and says fine to drive home

 

30 miles later large amount of steam from engine and lose power, get it to hard shoulder

 

Next rac chap arrives and says it blowing like that may have damaged engine as it now doesn't start, says it will need a crane truck as 4wd and auto says priority job as 3 children on hardshoulder in the rain (1 in wheelchair) 

 

3 hours later, I've chased rac twice and been rung by highways agency twice (who have also complained to rac) 

 

Tow truck arrives (flat bed) advise them we were told it needs crane and drive says its OK it will run, after cranking engine for over 5 mins drives it onto truck pouring fluid out the bottom

 

I can't help but feel that him cranking engine that much when pouring fluid is likely to have done alot of damage as well as being told to continue on a leaking engine

 

 

Please note:

 

  • I am employed in the IT sector of a high street retail chain but am not posting in any official capacity,so therefore any comments,suggestions or opinions are expressly personal ones and should not be viewed as an endorsement or with agreement of any company.
  • i am not legal trained in any form.
  • I have many experiences in life and do often use these in my posts

if ive been helpful kick my scales, if ive been unhelpful kick the scales of the person more helpful :eek:

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Well I think that your concerns are not unreasonable – but on the other hand if you are expecting them to pay for all of the damage to the engine, that may be unreasonable.

Anyway, we don't really know what we're talking about here yet – do we? You haven't had any assessments or quotations. I think that you need to come back here when you found out exactly what has gone wrong and what might have been the case if it had been handled differently – and various quotations for costs of repairs.

So I think you may be jumping the gun

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Correct bankfodder I am

 

Got a friendly mechanic coming to look at it some point next week he's said not to attempt to run engine until then

 

Sorry its been a long week of constant issues and brain fried completely 

 

Will get complaint about service in first and mention that we may be looking further depending on mechanical report

Please note:

 

  • I am employed in the IT sector of a high street retail chain but am not posting in any official capacity,so therefore any comments,suggestions or opinions are expressly personal ones and should not be viewed as an endorsement or with agreement of any company.
  • i am not legal trained in any form.
  • I have many experiences in life and do often use these in my posts

if ive been helpful kick my scales, if ive been unhelpful kick the scales of the person more helpful :eek:

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General reply from rac

 

They won't even give an answer to the complaint for 20 working days

 

Am I the only one that thinks this is unreasonable? 

Please note:

 

  • I am employed in the IT sector of a high street retail chain but am not posting in any official capacity,so therefore any comments,suggestions or opinions are expressly personal ones and should not be viewed as an endorsement or with agreement of any company.
  • i am not legal trained in any form.
  • I have many experiences in life and do often use these in my posts

if ive been helpful kick my scales, if ive been unhelpful kick the scales of the person more helpful :eek:

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We could do with some help from you.

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Thanks andy

 

Seem to have had a fairly stock reply back saying sorry for the poor service here's 30 quid - which reading online is their usual offer

 

The only update is they have sent their engineers report which hadn't been sent previously which said a new radiator was required "at the earliest opportunity" - this is the same person who said we were fine to continue 

 

They have also said they will look at any reports about the damage when received which is fair enough 

 

BIL (ex mechanic) had a look today, radiator is shot looks like there is a decent crack across the bottom in his opinion 

 

He's going to put us in touch with a garage for the none starting issue, he doesn't think the gasket has gone but suspects its a piston ring causing compression issues, he's doesn't have the tools to check this anymore hence garage 

Please note:

 

  • I am employed in the IT sector of a high street retail chain but am not posting in any official capacity,so therefore any comments,suggestions or opinions are expressly personal ones and should not be viewed as an endorsement or with agreement of any company.
  • i am not legal trained in any form.
  • I have many experiences in life and do often use these in my posts

if ive been helpful kick my scales, if ive been unhelpful kick the scales of the person more helpful :eek:

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  • 3 months later...

An update on this

 

So far have been unable to get a report

 

It was at the first garage 4 months due to high workload 

 

A second garage then had a look at it

 

Finally we spoke to the dealership in desparation

 

All 3 have agreed that it will unfortunately need a new engine, none are willing to write a report to the cause of the damage due to the effort involved in stripping the engine

 

The replacement cost of the engine is £5000, according to the dealership the trade in value of the car is £5500

 

They are willing to take the car in non running order for £500 trade in 

 

I think my best option at this point is to write to rac and basically lay out the facts and take it from there

Please note:

 

  • I am employed in the IT sector of a high street retail chain but am not posting in any official capacity,so therefore any comments,suggestions or opinions are expressly personal ones and should not be viewed as an endorsement or with agreement of any company.
  • i am not legal trained in any form.
  • I have many experiences in life and do often use these in my posts

if ive been helpful kick my scales, if ive been unhelpful kick the scales of the person more helpful :eek:

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Registration number showing in upload....please redact and upload.

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 The National Consumer Service

 

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

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Would someone mind looking down this for me and giving thoughts?

 

Ita not going off yet as rac hasn't replied however I thought better to be prepared 

 

Whoops 

 

Reuploaded

POC (1).pdf

Please note:

 

  • I am employed in the IT sector of a high street retail chain but am not posting in any official capacity,so therefore any comments,suggestions or opinions are expressly personal ones and should not be viewed as an endorsement or with agreement of any company.
  • i am not legal trained in any form.
  • I have many experiences in life and do often use these in my posts

if ive been helpful kick my scales, if ive been unhelpful kick the scales of the person more helpful :eek:

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Just to point out this has been revised downwards before speaking to rac

 

I had a different quote of value from we buy any car of 1900 so asked for 3600 but advised as a goodwill gesture I would accept 1100 to settle as this is what is left on the finance simply to close the matter 

Please note:

 

  • I am employed in the IT sector of a high street retail chain but am not posting in any official capacity,so therefore any comments,suggestions or opinions are expressly personal ones and should not be viewed as an endorsement or with agreement of any company.
  • i am not legal trained in any form.
  • I have many experiences in life and do often use these in my posts

if ive been helpful kick my scales, if ive been unhelpful kick the scales of the person more helpful :eek:

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  • 2 weeks later...

Well rac just responded 

 

Ironically they're saying they bear no liability as the - and this is their words

 

"the catastrophic engine damage had already occurred before the first patrol arrived" 

 

I've emailed back to say simply that we are unable to accept this explanation as the patrol did not raise any concerns in regards to engine damage and that if the engine had been "catastrophically damaged" that they still bear liability for advising to continue towing on it which caused the actual failure 

 

Gave them 14 days to reconsider before opening small claims... 

 

 

Please note:

 

  • I am employed in the IT sector of a high street retail chain but am not posting in any official capacity,so therefore any comments,suggestions or opinions are expressly personal ones and should not be viewed as an endorsement or with agreement of any company.
  • i am not legal trained in any form.
  • I have many experiences in life and do often use these in my posts

if ive been helpful kick my scales, if ive been unhelpful kick the scales of the person more helpful :eek:

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  • 2 weeks later...

Well the 14 days is up and I would love some thoughts 

 

I've decided that because of the lack of reports it's really hard to put a set value on the claim

 

So filling in a paper n1 as that allows you to use the "not exceeding £3000" 

 

The brief particular is currently "on the 24th October 2020 the defendant was negligent in regards to the claimants vehicle causing loss of value not exceeding £3000"

 

I know its supposed to be short but is that too short? 

 

The draft particular of Claim is below

 

Do I attach the evidence when sending the claim or provide this later (valuation, emails, etc) 

 

Unfortunately this is the first time though the process so I would love input 

Particulars Of Claim.pdf

Please note:

 

  • I am employed in the IT sector of a high street retail chain but am not posting in any official capacity,so therefore any comments,suggestions or opinions are expressly personal ones and should not be viewed as an endorsement or with agreement of any company.
  • i am not legal trained in any form.
  • I have many experiences in life and do often use these in my posts

if ive been helpful kick my scales, if ive been unhelpful kick the scales of the person more helpful :eek:

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A few minor changes 

 

The brief changed from causing to causing or contributing to

 

The particulars have also changed accordingly

 

Despite the wife pushing for the rac having caused the engine to break Ive stood my ground as I don't think we have enough to prove that

 

Where as contributing to the damage seems alot more inside the balance of probability... 

Please note:

 

  • I am employed in the IT sector of a high street retail chain but am not posting in any official capacity,so therefore any comments,suggestions or opinions are expressly personal ones and should not be viewed as an endorsement or with agreement of any company.
  • i am not legal trained in any form.
  • I have many experiences in life and do often use these in my posts

if ive been helpful kick my scales, if ive been unhelpful kick the scales of the person more helpful :eek:

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