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

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4812 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 dunno

i think it is harrassment from day one

 

there is no legal precedence that they can demand monies from anyone.

 

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... 

Link to post
Share on other sites

well i didn't specifically know that, well found zb

 

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... 

Link to post
Share on other sites

Hi,ive just received my 4th letter in as many months claiming infringement of copyrite, the first saying i had to pay 1,200 or court proceedings as was the 2nd. The 3rd letter said i had to pay 3,000 pounds so i sent a LOD recorded delivery which they sent the 4th letter saying they had not recieved any explanation of my innocence, which i find strange because the mail service has a date time and signature of my LOD, but never the less they have offered me a one off 21 day trail offer of 400 pounds to resolve this matter, which i thought was very nice of them to lower the price (NOT).

:mad2::mad2::mad2:

Link to post
Share on other sites

Hi,ive just received my 4th letter in as many months claiming infringement of copyrite, the first saying i had to pay 1,200 or court proceedings as was the 2nd. The 3rd letter said i had to pay 3,000 pounds so i sent a LOD recorded delivery which they sent the 4th letter saying they had not recieved any explanation of my innocence, which i find strange because the mail service has a date time and signature of my LOD, but never the less they have offered me a one off 21 day trail offer of 400 pounds to resolve this matter, which i thought was very nice of them to lower the price (NOT).

:mad2::mad2::mad2:

 

I wouldn't do anything with it. If it contains no further evidence supporting their claim then they can bluster as much as they like. It is not for you to provide evidence of your innocence, but for them to prove your guilt. The more you respond, the more likely you are to build your own gallows. In your shoes I'd wait for the court date, that'll never appear.

 

I am due to go on holiday soon and I am worried I will get a letter or a court issue one and I can't respond

 

If you're so worried just keep a copy of your travel documents/ticket stubs etc. and appeal on your return.

Link to post
Share on other sites

Thanx Zoomboy,i think im gonna wait and see what happens instead of keep trying to prove my innocence they clearly not listening to anyone. I think the more you respond to them the more threatening letters you get. A friend of mine who lives a mile away recieved exactly the same letter for the exact same title as me but did nothing and has not recieved any other letters....

Link to post
Share on other sites

Thanx Zoomboy,i think im gonna wait and see what happens instead of keep trying to prove my innocence they clearly not listening to anyone. I think the more you respond to them the more threatening letters you get. A friend of mine who lives a mile away recieved exactly the same letter for the exact same title as me but did nothing and has not recieved any other letters....

 

Exactly, if you do respond to these muppets it has to be in a forceful manner or they have you down as a potential target worth wasting a bit of postage on. I’ve not heard anymore after sending just one LOD, although the way it was worded left them in no doubt they’d be getting sod all without a court judgement in their favour. Crossley is nothing more than a playground bully seeking out the weak and vulnerable to target. But as with all bullies (or in his case Coward) they run a mile when faced with those who stand up to them.

 

Don’t worry though, given his apparent state of health following previous misdemeanours, I’m sure it won’t be too long before we’re p i ssing on his grave!! Although from what I've read his wife will be first in the queue.

Link to post
Share on other sites

I'd save my urine for the more worthy. I plan on dropping a few solids myself :)

 

I don't really wish anyone dead. I do believe in what goes around, comes around, call it karmic justice if you will. But one day all those profiting from this practice will get what's coming.

Link to post
Share on other sites

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... 

Link to post
Share on other sites

  • 3 weeks later...

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... 

Link to post
Share on other sites

Interesting stuff, it should be noted that getting default judgements (if the defendant doesnt reply) is normally quite simple. In fact i recently got one against my landlord, he had replied but put the wrong case number on all correspondence, the judgement was later set aside but that didnt really surprise me.

 

As mentioned on one of the above links, it is very pleasing that the claims were thrown out at such an early stage and that they were full of errors.

 

Andy

Link to post
Share on other sites

I see Davenport Lyons are having a hearing with the SRA in March, so ACS Law may be a year away.

http://www.legalsupportnetwork.co.uk/index.php/news/details/sra_says_davenport_lyons_lawyers_knowingly_targeted_innocent_web_users_in_a/

 

It also looks like ACS may have problems if they are fined for Data Protection, if the gravy train has dried up.

 

Does anyone know what has happened to the ACS website?

Link to post
Share on other sites

I see Davenport Lyons are having a hearing with the SRA in March, so ACS Law may be a year away.

http://www.legalsupportnetwork.co.uk/index.php/news/details/sra_says_davenport_lyons_lawyers_knowingly_targeted_innocent_web_users_in_a/

 

It also looks like ACS may have problems if they are fined for Data Protection, if the gravy train has dried up.

 

Does anyone know what has happened to the ACS website?

 

The ACS 'leak' not only broke various DPA laws but it suddenly bought the whole issue to major attention, the last court application by Gallant Macmillan I think ran into serious problems.

 

I think ACS have decided not to put up a website, there were some simple 'draft' verison up a while back (featuring mountain background) but they appeared to have disappeared now too.

 

Andy

Link to post
Share on other sites

Found Crossley's (or one of his) websites. http://www.wal-sca.com/home a bit of a skeleton though. Strange the only thing he has apart from his address is a link to the SRA!

 

Aha..Yes..The 'backwards' one..If you say ACS LAW backwards 3 times at midnight, Andrew Crossley appears..and starts crying about his failed business :)

 

Andy

Link to post
Share on other sites

hehe

 

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... 

Link to post
Share on other sites

I have just read through what the judge said and it seems that ACS-Law did an appalling job for their client, missing info, incomplete submissions etc. You would have thought that at least AC could have got this bit right, as a solicitor supposedly specialising in this field.

Link to post
Share on other sites

  • 1 month later...

Whoops, seems like ACS Law are no longer involved in harrassing innocent people, Andrew Crossley is concentrating on his other customers.

http://www.bbc.co.uk/news/technology-12275913

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?291530-ACS-Law-ACS-Law-withdraw-from-ALL-cases-BBC-NEWS

 

dx

siteteam

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...