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    • Better version attached with the late appeal explained more clearly for the judge. This will sound silly, but I think it would be a good idea to e-mail it to the court and UKPC on Sunday.  It's probably me being daft, but Sunday is still March, and as it's late, sending it in March rather than April will make it sound like it was less late than it really is.  if you get my drift. You can still pop in a paper version on Tuesday if you want. E-mail address for the court: [email protected] And for UKPC: [email protected]   [email protected] Defendant WS.pdf
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    • 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
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Stolen phone - still in contract


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I recently went to Glastonbury Festival where I had my bag stolen. It had my phone in it, but I've since got it blocked. I haven't been into the store yet and spoke to them as I'd like to know what I can and can't ask for, because if I went in there without knowing what I can do I'd probably just roll over and let them muller me.

 

I'm in a £25p/m contract with O2. I don't really want to keep paying that if I don't have the phone that I'm supposedly paying for. The contract still has 12 months on it.

 

Would O2 let me change my contract? I really want an iPhone, and I'd gladly pay some money towards getting one, but don't really want to have to pay the entire amount... I wouldn't mind paying more for less texts/minutes, mainly because I don't really need the amount I'm currently getting!

 

I don't think I've worded this very well, but any help you give me will go so far. Thank you!

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You are not paying for the phone, thats a gift for you signing up to a contract, so the contract still stands. Did you have insurance? That may be one area to look at! Otherwise buy a PAYG and stick your new sim that they send you in that.

If in doubt, contact a qualified insured legal professional (or my wife... she knows EVERYTHING)

 

Or send a cheque or postal order payable to Reclaim the Right Ltd.

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923 Finchley Road London NW11 7PE

 

 

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Firstly its unlikely you will be able to get out of paying your current contract.

 

You have a few options:-

 

You may be able to uprgade to an iPhone if you are near the end of your old contract.

 

Buy an iphone (maybe try ebay ?) and stick your sim in that, make sure your sim will work first though.

 

When I lost my phone last year, i told the company O2 and they sent me a payg sim to use untill i got my new sim sorted and they sent me a free phone too but it was a very cheap naff one.

 

I then started a new contract and got a new phone and had to pay both untill my old contract ended, I was then able to swap my old number on to the new sim contract and Ive carried on using that.

 

Andy

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andydd - Thanks for the swift response and info. Bit disappointed that I'll still have to pay the £25p/m despite not owning the phone that I'm paying for, but hey ho. I'm still going to ask if I can upgrade to a new contract, but I'm doubting that they'll say yes.

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andydd - Thanks for the swift response and info. Bit disappointed that I'll still have to pay the £25p/m despite not owning the phone that I'm paying for, but hey ho. I'm still going to ask if I can upgrade to a new contract, but I'm doubting that they'll say yes.

The £25 is for your calls and texts etc. The handset was a "Gift" to get you to sign.

 

Something else that may come as a shock to you, If whoever stole the phone used it, you are liable for all the calls they made until you reported the phone as stolen, and if you cannot afford the bill, they mark a "default" on your credit file. This is all the nature of a contract mobile phones.

If in doubt, contact a qualified insured legal professional (or my wife... she knows EVERYTHING)

 

Or send a cheque or postal order payable to Reclaim the Right Ltd.

to

923 Finchley Road London NW11 7PE

 

 

Click here if you fancy an email address that shows you mean business! (only £6 and that will really help CAG)

 

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Until you complete your commitment, I wouldn't go near them for a replaement, unless you were insured. The easy way is simply to request a replacement SIM, and use this in an unlocked or PAYG handset of the same network. You can then carry on as before, and ugrade normally when the time comes (or depart for a different network).

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The £25 is for your calls and texts etc. The handset was a "Gift" to get you to sign.

 

Something else that may come as a shock to you, If whoever stole the phone used it, you are liable for all the calls they made until you reported the phone as stolen, and if you cannot afford the bill, they mark a "default" on your credit file. This is all the nature of a contract mobile phones.

 

I've had the phone and sim blocked, and got a replacement for now.

 

I was browsing in phones4u yesterday, and one of the salesmen there said that they buy out phone contracts. He said that I'd need to come in and have a longer chat about what I can do from here, but it sounds quite promising. Do you know anything else about this?

 

Thanks for the help!

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I've heard of them buying out contracts before, with yours having so long to run I don't know what they'd be able to offer you. Have a chat, keep your witts about you. Sales staff have their own agenda, normally they're wanting commision for a particular handset that they have on offer (either something obsolete like the I-Phone 3gs, a "b grade" (thats a phone that has been sent out and returned due to a reason other than a fault... example if someone ordered it over the phone and then cancelled within the 1st 7 days) or something cheap).

 

Let us know how it goes!

If in doubt, contact a qualified insured legal professional (or my wife... she knows EVERYTHING)

 

Or send a cheque or postal order payable to Reclaim the Right Ltd.

to

923 Finchley Road London NW11 7PE

 

 

Click here if you fancy an email address that shows you mean business! (only £6 and that will really help CAG)

 

If you can't donate, please use the Internet Search boxes on the CAG pages - these will generate a small but regular income for the site

 

Please also consider using the

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Could I suggest you forget about a contract? The P4U deal is based on leaving your contract 3 months early (max) and from memory, there is a network contribution that covers the cost of your last 3 months of non-use. A bit like the discredited 'cashback' schemes of old, but slighly more reliable.

 

If you've got 100& clairvoyance, get a contract. If you haven't - forget it - it's not as if your life depended on it, and anyway, with PAYG you can you a SIM in any phone you like - even older iPhones if that's your bag - and no squealing to a credit reference agency.

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