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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
    • 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
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      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.

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    • 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
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How long does it take the DWP to receive and log a GL24 ESA appeal


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I submitted my ESA appeal last Friday morning at my local job centre so it went through DWP internal mail. As of this morning it still hasn't arrived or been logged which delays payment of my ESA and Housing Benefit. That is either incompetence or a deliberate attempt at delay. The JOb Centre have this morning agreed to scan over my ESA Appeal to BDC which is around 2 miles away but they can't do it at present because it takes time and they are busy even though the job centre is completely empty. I had arranged an AJAX appointment through the DWP for the scan but when i arrive they had no record of it. Useless

 

How long does it take to submit and get the appeal logged onto the system?

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In my case it took nearly two weeks for them to say my appeal was accepted.

 

dj

Benefits rules are complex, and although I do try to inform and support people, I may get it wrong because the rules apply to individual claimants and their particular circumstances.

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Unfortunately it can take up to 5 working days or so for any post to reach the office that is dealing with your claim - then the gl24 would have to be verified by a DM, bearing in mind there's a hell of a lot of people appealing this can take the DM a day or even two to log it on your claim so I'm told. Then they issue a payment - assuming you get paid in an account that can take 3 working days to credit. This is of course assuming the gl24 arrives in the first place.....

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was told this afternoon that they have at last rec'd and logged my ESA Appeal. I only posted it by DWP internal mail last Friday morning! Useless. Went in the job centre on Monday, Tues and Wed and it was EMPTY on all three days with employees simply stood around scratching their arses doing nothing. Why are these people being paid?

 

I also sent a GP supporting letter but they cant confirm if they have rec'd that or not? Why? Dont they update their systems to actually record the arrival of important documents!!!! What is going on with these people?

 

thanks anyway guys

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Here's the best advice ever regarding your appeals etc no matter what appeal or letter you intend to send to the dwp Job centre etc make a copy of it or ask the Job centre to photocopy it for you reason being a majority of these company's have been known to lie to customers and lose paperwork and that was mentioned by it's staff to me and in my own case it's happened over 14 times yes 14 times the job centre i was told by citizens advice buro can not yes can not stop peoples benefit they are allowed to reduce it but not stop it .

 

make you own mind mine got stopped approx 5 times in less than one year because i send approx 10-30 letters off a week and put advert's up in local shop's to emailing and sending spec letter's .

 

I had a letter about my lastest appeal saying been allowed but i still intend to go even further whilst i continue for compensation and the appology i've learnt i'm owed i love writing to these people there's nothing i enjoy more an to write to them regarding other's people's situation aswel with thier consent of course .

 

I'm owed approx £1000.00 plus and this has a knock on effect to the housing etc how ever the housing side i got it back dated so wasnt to bad but still had to send about 8 letter's to the council till they realised was even more frustrating knowing your in the right at the same time .

 

the letter's is a game of letter tennis they try all kind's of legal jargonto put fear into you cheek of it aswel

 

knock me if you want but the truth hurt's some majority of people on benefit or none have problems in life and it is not easy and whilst many people get slated for claiming etc i'm a qualified electrician etc looking for work etc etc so you tell me where i've gone wrong the only problem i have is not only do i try my damm hardest to the best i can my landlord ****es me off after forking out for a bathroom suite for them and doing the house for them they still moan as i'm having problems regarding the claim yes it's understanable i can see what they are saying and i do feel sorry for them i have asked them to write me a letter for the rent they claim i owe aswel to show the dwp etc as i was told they can help with bills etc like that but the landlord is also not helping me or them self as they refuse to write one .

 

so yes i'm in a catch 22 how ever having studied many type's of law and learning right's etc i don't think they like it some how when i show them what the citizens advice tell me which i know already i always contact the cab then when the dirt hit's the pan at least i've some standing i guess that's my thinking any way .

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