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    • Is there any point in revisiting the fact that the initial speculative invoice (which I never received anyway) was issued more than 14 days after the alleged incident anyway? Should that alone not merit the throwing out of the case to start with?
    • no cca = no pay ....end of. you should not have been running the sb date to infinity by paying debts no-one has enforceable paperwork for...might as well have burned the money for all the good its done you.   dx  
    • Despite the rapid start of vaccinating the population, the UK now has the 13th highest vaccination rate in Europe and the government has received criticism for the (lack of) speed of its booster program and the (lack of) availability of vaccines for 12-17 year olds.   - and falling - 11th not long ago   • Europe: COVID-19 vaccination rates by country | Statista WWW.STATISTA.COM Belgium, Ireland, and Portugal are among the European countries with the highest number of COVID-19 vaccine doses administered per 100 people.  
    • Just to be sure, you are suggesting that I adapt and use this text? ..... Grace Period: 45. Code 13 of IPC Code of Practice states: ‘13.2 Before a Parking Charge is issued Motorists must be allowed a Grace Period save and except when 13.3 is applicable. A Grace Period is a 10 minute period at the end of a Permitted Period of Parking. 13.3 A Grace Period is not required when the Permitted Period of Parking does not exceed 1 hour providing that the signage on the site makes it clear to the Motorist, in a prominent font, that no Grace Period applies on that land.’ Fifthly, I would ask the Claimant to provide evidence that the car remained in the car park for more than the ten minute Grace Period allowed by the IPC Code of Practice. The parking space became unpermitted at the moment the driver left the site, so then a ten minute Grace Period would apply. As the vehicle was there for no more than ten minutes, then according to the ICP’s Code of Practice, which the Claimants says they complied with at all material times, a PCN should not have been issued. Alternatively, the Claimant is invited to show the signage which makes it clear that no Grace Period applies. Planning Permission 46. Finally, the Claimant really emphasis their signage in their Witness Statement. In schedule 2 of their (expired) service agreement it says that ‘The Company will provide the following – 1. Supply 6 Vehicle Control Service v Claim Number: 16 x Enforcement Signs (MAXIMUM STAY 90 MINUTES WHILST SHOPPING IN THE STORES).’ I was only able to find 5 enforcement signs (Exhibit 15). This is another example of VCS not caring about legal obligations, this time within their own contracts. Regardless, I do not believe they have planning permission for these signs, which is a criminal offence under The Town and County Planning (Control of Advertisements) (England) Regulations 2007. I have requested proof of planning permission from VCS by means of a CPR request, but they have not replied. I have searched Hillingdon council planning portal and I cannot find planning permission for the signs. Whilst should mean a contract could not be formed between driver and the Claimant, as you cannot form a contract with illegality, I would like to use this as another example of how unbothered the Claimant is about the law and how they do not adhere to their own IPC Code of Practice as ‘Operators must be aware of their legal obligations and implement the relevant legislation and guidance when operating their businesses’ (Code 25.1 IPC Code of Practice). The Claimant does not care to adhere to Code of Practice they signed up to and generally do not care about keeping their legal affairs in order. I would consider that a blatant disregard for the rules and the law. 47. I have done some research into the Claimant and their court action. They have a pattern of behaviour whereby a VCS paralegal writes a Witness Statement, then mentions in the last paragraph they may be unable to attend court and then the paralegal never turns up to be crossexamined. In the event Ambreen Arshad is unable to attend court to be asked about her claims, then I would like to know why she is not able to attend when the hearing has been scheduled months in advance, is during working hours and as a result of covid, is online, so there is no travel involved. Mohammed Wali, the other paralegal employed by VCS, does exactly the same. Vehicle Control Service v Claim Number: 17 Additionally, I suspect the patrol officer will also have an aversion to explaining himself to the court. E. Double Recovery Legal Fees 48. The Claimant’s Particulars of Claim include £50 legal costs, yet in the letter dated 29th June 2021, the Claimant stated that they were no longer represented by Elms Legal and all further correspondence should be sent to the VCS in-house litigation department (Exhibit 16). I am not sure why the Claimant is asking the Defendant to contribute to their employee’s salary. 49. Furthermore, as per another letter dated 24th August 2021 (Exhibit 17), the Claimant wrote, ‘Should you fail to accept our offer of settlement then we will proceed to Trial and bring this letter to the Court’s attention upon question of costs in order seek further costs of £220 incurred in having to instruct a local Solicitor to attend the hearing in conjunction with the amount claimed on the Claim Form.’ I find this an extraordinary statement given the Claimant knows legal costs are capped at £50 in Small Claims Court. I cannot think of any reason why the Claimant would write this letter other than to intimidate the opposing party with the threat of an extortionate sum of money, hoping they would be able to take advantage of someone not knowing the Small Claims Court rules. Given that this letter came from the Claimant’s in-house litigation department, clearly well-versed in the law, I cannot see this as anything other than deceitful and disingenuous behaviour and I hope the court will not tolerate it. Vehicle Control Service v Claim Number: 18 Contractual costs / debt recovery charge 50. In addition to the £50 legal costs, the Claimant is seeking recovery of the original £100 parking charge plus an additional £60 which is described as ‘contractual costs and interest’ in the Particulars of Claim and as ‘debt recovery charge’ in the Claimant’s Witness Statement (para 31). No further justification or breakdown has been provided as required under Civil Procedure Rule 16.4. 51. In the event the court has somehow allowed Protection of Freedom Act to apply, then para 4(5) Schedule 4, Protection of Freedom Act, states, ‘the maximum sum which may be recovered from the keeper is the amount specified in the notice to keeper’ which in this case is £100. 52. In the more likely event that Protection of Freedom Act 2012 does not apply to this case, then the Claimant still must demonstrate how these alleged additional costs have been occurred otherwise it would appear to be an attempt at double recovery. 53. In previous parking charge cases, it has been found that the parking charge is a sum so high that it includes the cost of recovery. In the case the Claimant cited, Parking Eye Ltd v Beavis (2015) UKSC 67. It was held that the sum (£85) had already incorporated the costs of a private parking business model as it was inflated so as to comfortably cover all costs. The Supreme Court held that a parking firm which is not in [exclusive] possession cannot plead any part of their case in damages. The case provides precedent that £85 (or up to a Trade Body ceiling of £100 depending on the parking firm) covers the costs of the letters.
    • I deal some time with cash some time with card but i keep all recipts i put my money on  20 october  
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Whose fault is it?


Giftnificent
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Hi all, first time poster so please be gentle...

 

I'm hoping any advice supplied will be straight forward so here goes...

 

At a roundabout I was 2nd in queue, turning left.  Foot on brake whilst looking to my right, I could see the coast was clear, looked in front of me and the lead car moved forward to go and suddenly stopped (roundabout was still clear to go) and I rear ended him.  Simply question, am I at fault or him?  He blamed another car coming from the right that shot out of nowhere, hence why he braked suddenly (I certainly didn't see this car).

 

We happen to be with the same insurance company, we exchanged details and he's going to price up the bits for his car and mine too as he works for a scrappers.  I've a feeling he'll want me to pay for these parts but really don't think I'm the one at fault even though I rear ended him.  There was absolutely no reason for him to start to leave the roundabout then suddenly stop..

 

Any help would be greatly appreciated as I'm leaning to calling my insurance company and going down that route...

 

Many thanks, Keith.

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Exact same happened to a friend of mine

 

Insurance put it as his fault and the other drive went the full whiplash route

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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Indeed, your fault, I'm afraid.

 

Inform your insurers. Occasions where the injured party offers to get parts from the scrappers have a habit of ending badly, especially when you hear things like this:

 

Quote

...the other drive went the full whiplash route

 

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  • 3 weeks later...

You can only obtain Insurance confirmation from askmid if you are the registered owner, drive an employers vehicle and very restricted other reasons.
It is an offence for an individual to check someone else's insurance status,

Please do not suggest to the OP that they can do this.

My time as a Police Officer and subsequently time working within the Motor Trade gives me certain insights into the problems that consumers may encounter.

I have no legal qualifications.

If you have found my post helpful, please enhance my reputation by clicking on the Heart. Thank you

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All of the information on using Askmid, is on the website.

 

WWW.ASKMID.COM

 

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

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1 hour ago, Gick said:

You can only obtain Insurance confirmation from askmid if you are the registered owner, drive an employers vehicle and very restricted other reasons.
It is an offence for an individual to check someone else's insurance status,

Please do not suggest to the OP that they can do this.


So why does the askMID website offer:

”If you have been involved in an accident and need to check the other vehicle is insured, for a small charge you can make a One-off askMID search . Once you have entered some details, including the accident date, you can identify the insurer of the other vehicle so that you can submit your claim.”


http://stayinsured.askmid.com/about-askMID.html

 

  • I agree 2
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Yes if you have a reason such as wanting to identify a third parties inurance company to make a claim against them, then Askmid enables this.

 

Askmid is not identifying Mr X at x address.  It is to find out if there is Insurance and provide the Insurance company information.

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

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6 hours ago, ukshane4life said:

xxxxxxxxxxx

 

@ukshane4life

I see that you have previously been warned about your unhelpful comments.

If you want to have the benefit of this community then please be a little bit more careful before you start posting responses onto other people's threads

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Bazza and Unclebulgaria, I am aware of this which is why I added   'and very restricted other reasons.'

 

The OP''s situation does not fall into this category, in the original post it has been stated that they are with the same insurance company so they are already aware, and they are not asking in order to make a claim.  As  such the OP would be breaching Data Protection legislation by asking as poster ukshane4life has recommended.

 

In any case, the OP was simply asking whose fault the incident was!

Edited by Gick

My time as a Police Officer and subsequently time working within the Motor Trade gives me certain insights into the problems that consumers may encounter.

I have no legal qualifications.

If you have found my post helpful, please enhance my reputation by clicking on the Heart. Thank you

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Unless the OP has confirmed with his insurer the other driver is insured with the same insurer, it is possible that the OP was merely told this by the other driver, and so they are entitled to confirm it if it hasn’t already be confirmed.

 

OP : “I’m with AXA”

other driver “what a co-incidence, so am I!”

 

contrasted with the insurer confirming it……

 

However, yes, likely the OP’s fault regardless of why the other driver braked

Edited by BazzaS
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