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Hello my name is ***** ***** I will help you with this?
How much are you seeking to claim please?
You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n1-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Can I clarify anything for you about this today please?
it comes under negligence. Did they owe a duty of care, was it breached and did you suffer a loss.
The answer is yes. It's under the law of negligence.
Does that help?
yes they do. They owe a duty of care. Even more so when the vehicle is parked half in the pavement and on the road.
If you read the Highway Code then that if the best source.
You MUST NOT leave your vehicle or trailer in a dangerous position or where it causes any unnecessary obstruction of the road.
You MUST NOT park partially or wholly on the pavement in London, and should not do so elsewhere unless signs permit it. Parking on the pavement can obstruct and seriously inconvenience pedestrians, people in wheelchairs or with visual impairments and people with prams or pushchairs.
Goods vehicles. Vehicles with a maximum laden weight of over 7.5 tonnes (including any trailer) MUST NOT be parked on a verge, pavement or any land situated between carriageways, without police permission. The only exception is when parking is essential for loading and unloading, in which case the vehicle MUST NOT be left unattended.
Does that clairfy?
Not specifically no. Its just whether or not they (and you) were acting reasonably.
The decision will vary from Judge to Judge. if it is contested. They may just take a commercial view and if you issue pay the claim out as it could cost more to defend.
But there are no specific laws on which you are relying on - it is all going to come down to what a Judge thinks on the day. This is very common with most road traffic accident claims.
Can I clarify anything for you?
no. If you lose then you only can't recover the court fees.
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