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    • Update 15th March the eviction notice period expired, and I paid my next month rent along with sending them the message discussed above. After a short while they just emailed me back this dry phrase "Thank you for your email." In two weeks' time I'm gonna need to pay the rent again, and I have such a feeling that shortly after that date the contracts will be exchanged and all the payments will be made.  Now my main concern is, if possible, not to end up paying rent after I move out.  
    • they cant 'take away' anything, what ever makes you believe that?  dx  
    • 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
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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.
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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highways drain in road


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hi i hope that some one can give us some advice, we have had an ongoing problem for eight years with highways. we have no front garden or space, so our property (front door) sits approx three feet from surface water drain. it has been repaired many time but the problems have never been resolved.ie when it rains and it does not have to be heavy rain. water collect before the drain, causing flooding on our side, it goes beyond the white line in the centre of the roas. as the water collects it causes it to be jetted by passing traffic onto our property, and i do not mean a small annount, i mean upto eight foot high. directly onto our house and door and windows .we cannot use our front door or side entrance due to the amount of water being disbersed.we have damp now from the continual drenching. we have videoed the event and gave to highways last october, still waiting for a reply. made an offical complaint, there leaflet says "we aim to respond in fifteen working days " well it has been over thirty now and still nothing. the director of highways contacted us at home , and said he would look into it. again nothing, so sorry to bore you ,but where do we go from here, and are we entitled to compansation? also we want to market our property but cannot until this is sorted out. many thanks for taking the time to read .and maybe offer advice,

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your MP for starters!!

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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But which MP? It will be another month before they know who their MP will be and s/he will probably be aware that they are assured of a job for 5 years and be busy settling in that they won't be bothered with such a small (to them) matter.

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If the Director of Highways has contacted you then I would say that they are taking your complaint seriously as the director would not normally get involved with day to day highways issues, they would be handed to the highways manager. If you have his email address then i would email him and ask for an update. if you dont have his email it is easy to works out as they are usually as follows [email protected] as an example.

 

Your description of your property suggests that it open straight onto the public footway which are usually 1.5 - 1.8m wide, and have a kerb face of average 125mm. You say that you have a highways drain outside your property, and when it rains even a small amount that it blocks and creates a large area of water across the road to the centre line. If the council have jetted the gully and the problem is still occuring then I would expect that their is a broken pipe between the gully and the sewar. You should write to the director and demand that they investigate the matter and identify the cause of the problem. It is now the new financial year and your best chance of gettting the work undertaken before they commit funds to other projects. make them aware that you know it is the start of the financial year and they should be able to spend money on the repair (in my experience we are only talking £2000).

 

Also ask them what month do they undertake the annual jetting of the gulley, they should do it at least once a year.

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thankyou for your reply, it has at least given us hope . now the highways director is involved, it is not the drain itself it is the area before the drain . it is at a lower level and therfore the surface water does not run into the drain.i tried to email him but it just kept being returned.

thankyou once again for your response, and i shall let you all know the outcome. :rolleyes:

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We had a similar problem with our properties and flooding to 8 properties.

 

The council, highways, water & enviroment kept passing the book i.e someone else's problem. After nearly been flooded several time more & on one occasion when I saw red I contacted our local newspaper who plastered it all over the local newspaper(we became quite famous in our arae for a reason we didn't want). Another person contacted our local councillor & our local MP.

 

After about 5yrs of fighting I have never seen our council/highways move so fast.

 

Go on shame them.

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If the problem is only about levels, then it is a simple fix, it will take 20 mins for an engineer to take levels and establish the best solution whether that be lowering the gully or re surfacing a small area of road surface (or both), either way its a simple solution

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