Jump to content


  • Tweets

  • Posts

    • The text on the N1SDT Claim Form 1.The claim is for breaching the terms and conditions set on private land. 2. The defendant's vehicle, NumberPlate, was identified in the Leeds Bradford Airport Roadways on the 28/07/2023 in breach of the advertised terms and conditions; namely Stopping in a zone where stopping is prohibited 3.At all material times the Defendant was the registered keeper and/or driver. 4. The terms and conditions upon  entering private land were clearly displayed at the entrance and in prominent locations 5. The sign was the offer and the act of entering private land was the acceptance of the offer hereby entering into a contract by conduct. 6.The signs specifically detail the terms and conditions and the consequences of failure to comply,  namely a parking charge notice will be issued, and the Defendant has failed to settle the outstanding liability. 7.The claimant seeks the recovery of the parking charge notice, contractual costs and interest.   This is what I am thinking of for the wording of my defence The Defendant contends that the particulars of claim are vague and are generic in nature which fails to comply with CPR 16.4. 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. 1. Paragraph 1 is denied. It is denied that the Defendant ever entered into a contract to breach any terms and conditions of the stated private land. 2. Paragraph 2 and 4 are denied. 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 only contracted 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. 3. It is admitted that Defendant is the recorded keeper of the vehicle. 4.  Paragraph 6 is denied the claimant has yet to evidence that their contract with the landowner supersedes  Leeds Bradford airport byelaws. Further it is denied that the Claimant’s signage is capable of creating a legally binding contract. 5. Paragraph 7 is denied, there are no contractual costs and interest cannot be accrued on a speculative charge.   I'm not sure whether point 4 is correct as I think this side road is not covered by byelaws? Any other suggestions/corrections would be appreciated.
    • Dear EVRi parcelnet LTD t/a evri   evri parcelnet isnt a thing also you say defendant's response which is a bit of a weird format.   Something like   Dear EVRi, Claim no xxxx In your defence you said you could not access tracking. Please see attached receipt and label Regards
    • Welcome to the Forum I have moved your topic to the appropriate forum  Residential and Commercial lettings/Freehold issues Please continue to post here.   Andy
    • Please provide advice on the following situation: I rented out my property to four students for 16 months until March 2024. Initially, the property was in very good condition, but now it needs extensive renovation. This includes redoing the bathroom, replacing the kitchen, removing wallpaper, and redecorating due to significant mould growth. The tenants also left their furniture on the grass, which is owned by the local authority. As a landlord, I've met all legal requirements. It seems the damage was caused by poor ventilation—windows were always closed, and heating wasn't used. There was also a bathroom leak fixed by reapplying silicone. I tried to claim insurance, but it was denied, citing tenant behaviour as the cause by looking at the photos, which isn't covered. The deposit barely covers the repair costs, or else I'll have to pursue money claims, which I've never done before and am unsure about its legal complications or costs. Any thoughts on this?
  • 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
      • 160 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

I have arthritis, am I entitlied to DLA?


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5994 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

I am 36 yrs old & was born with a congenital dislocated hip. As a child I attended hospital appointments, as I had years of being in casts. It was established at the age of 11 that I be dismissed from hospital as they could do nothing else for me.

Since then my condition has worseded & I now have arthritis in my lower back & right hip.

I was sent for x-rays from my doctor & it was established that I did have arthritis & I needed physio. Physio, didn't really help as I also have 1 leg shorter than the other (I had no balance when doing the physio) so I was given a heel raise of 1.5" to wear in my shoe & discharged from the hospital's physio department.

I now get incapacity benefit & the last time I had to go for a medical was around 8 years ago (I was sent a medical form to fill in around 5 yrs ago & got a letter back saying they will contact me Dec 2008)

My arthritis has worsened & I now find it uncomfortable during the night & I end up going "walkabout" as it's too painful.

I don't know if I should apply for DLA as back in 1996 my daughter was diagnosed with Leukaemia & turned down! The hospital social worker re-applied again for us & she was finally awarded it.

SO, I'm thinking, if they turn down a child with cancer, what hope do I have with arthritis?

I also suffer with depression, which is related to other issues & my arthritis.

Many thanks & sorry that this is a long post.:)

Link to post
Share on other sites

Only one way to find out.... ;-)

 

The trick to remember with DLA is to describe every day at its worst. If on one day, it takes you 10 mns to walk to the shop, but the next time, it takes you 20 mns, then you write 20 mns. It is an awful form to fill in, pages and pages of questions seemingly endlessly repeated, so don't try to fill it all in one time.

Link to post
Share on other sites

The important factor to take into consideration, when applying for DLA is to persist, they have a very high rejection rate for first-time claimant at around 65%. If rejected, appeal, as around 85% of appeals are successful in favour of the claimant. Wherever possible get a social worker or a welfare rights advisor to assist with the application and any subsequent appeals as they know how to work the system to your advantage.

Link to post
Share on other sites

That's great thanks, I'm thinking that as I have xrays from birth surely there's no getting away from the fact that my condition has worsened. I rely on taxi's & other people for the supermarket etc... somedays my husband or daughter helps me up & down the stairs etc. I've fallen down the stairs twice last month, so I know with age I wont get any better.

Thanks for all your help, I will give it a try. I'll no doubt get knocked back & would've probably never re-applied, so I'll just keep going. Cheers :)

Link to post
Share on other sites

Just remember that a lot of the "no" at DLA levels very often get turned into "yes" once going in front of the tribunal, so don't be afraid to go to appeal if the turn you down.

 

I went to tribunal with someone whose AS son had been turned down for DLA 4 times, we went to tribunal and came out with middle rate for care and lower rate for mobility, and a £4k backdate on her claim. :-D

Link to post
Share on other sites

Fully agree with Bookie about putting down how bad you are as opposed to how you cope; I filled out the forms for both of my grandparents, who had also been turned down before. They (like most people I would have thought) didn't want to 'put themselves forward', but I had to convince them that if they didn't put it down on the form, as far as the assessors were concerned their 'bad days' didn't exist. Granddad can walk to the shops slowly on a good day, but on a bad he can just about make it to the end of the garden - therefore you put down something like 'cannot walk more than 10 metres unassisted/without supervision' rather than 'can walk to the shops if slowly' - you need to cover all the situations that your disability would affect in order to get an accurate assessment.

-----

Click the scales if I've been useful! :)

Link to post
Share on other sites

Hi lisachloe, the thing to remember when applying for DLA care component is that it is the help you need even if you are not actually getting this at the moment, its what help you require. So its important to keep this in mind. For example, getting out of and into a chair, or in and out of bed. It helps if you have medical evidence, which is sounds as though you have and even better if you have doctor, physio details as well to add weight to you application. Details of your depression can also be included in your claim but with mental health issues it is very important to have doctor, health worker details etc as without this it is very difficult to mak a successful claim. Organisations like the Citiziens Advice Bureau can help you complete the forms and also help with any appeals if they are needed. If it is difficult for you to get to a bureau it may be possible for a home visit. Worth a telephone call if you find the application a bit daunting. Good luck

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...