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    • 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  
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      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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Insurance co help please ....


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Need a little advice please

 

My house got burgled on the 19th December 2006 (the day before I was due to go away on holiday) and it got burgled again while I was away, (between xmas and new year).

 

Filled in the claim forms early January. Got a couple of letters from the insurance co , Zurich and met with a loss adjuster (appointed by Zurich but not actually a Zurich employee) in February. Had a couple of letters off them then it all went very quiet, I ended up calling Zurich and was told I would have to see yet another loss adjuster. I had a meeting with this (a Zurich employee) loss adjuster early May (was like being interviewed by the police, had to sign each page like a statement).

 

Had still not heard anything else from them by early July so I wrote a letter of complaint. I had a telephone call from them on Friday 13th June saying they had acknowledged receipt of my complaint and had responded by post but as we had a postal strike on that day I would not receive it until a day late (I had given them 5 working days to reply in my complaint letter) , in the same call they went on to blame the delay on the floods !!! and informed me that a letter of offer had actually been sent out 22nd May (strangely enough before the floods ! ! ) . I had not received this letter which is strange because I received renewal reminders off them on a regular basis.

 

I had them re-send the letter of offer out which I have received today, the offer is a little under 2/3 of the original claim amount.

 

Do I have to accept this offer ?? if not what is the procedure for rejecting it ?

 

In light of the complaint (even the complaints investigator was at a loss to explaion the delays) which I believe would be upheld. Should I accept the offer , carry on with the complaint and hope for compensation, the difference between the offer and the original claim amount ??

 

Sorry for the long winded post but wanted to get as much detail in as possible.

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Hi Andy,

 

From my experience of compenstation only £20 is usually offered, so I will not concerntrate on that.

 

However from a claims perspective, regarding the settlement amount, you need to ask how they have come to that figure. I think that they have worked out how much it would cost to replace your goods through their preferred suppliers (where they get a hefty discount), then added a further discount for cash settling it.

 

If you are happy with receiving cash (which will not provide real indemnity), then you can appeal against the amount, and they might increase it a little, however, you are entitled to have the goods replaced - and I would recommend this way. All you need to do is to ask for the goods to be replaced through their suppliers. If they disagree, post back and I will advise further.

 

Good Luck

Abbey - owed £3260 - Paid up.

 

Barclays owed £2500 - Paid up.

 

Halifax, Mint & Egg - next on the hit list

 

Dont click on the scales - I'm quite proud of my little red dot! - As the little red dot has gone - click away!!!!

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Thanks for the reply , I dont really want the goods replaced as the whole thing has made us decide to bring forward our move abroad by a few years. So wil really want to replace the goods in Spain ....

 

Basically if they had offered this ammount within a reasonable time of the claim then I would accept it, but in my mind they have "dragged" it on so long that the actual cost of the goods now (mainly electrical) has come down considerably.

 

I want appeal against the ammount they have offered but am not sure of how to go about it ..

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I can't believe how long they have taken to handle your claim, it's outrageous! I had to claim after a burglay in November 2003. I was insured with the Halifax at the time and it related to £1000 of goods. They approved the claim almost instantly and advised me to contact Empire Direct to order replacemet items. Within 48 hours my repalcement goods had been delivered.

 

I think you have very good grounds to formally complain as 7 months to process this is unacceptable.

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