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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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my neighbour has crashed into my parked car and is denying it... what can i do?


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2 weeks ago i came home from work to find a big dent in my car wing. on looking around it was obvious that it had to be from a car reversing out of the alleyway opposite to where the car was parked. looked around and hey presto my neighbours car which is always parked down there had a nice clean patch on the rear drivers side bumper and a new scratch. she's hit my car, then cleaned all the evidence from her car, then just hoped i wouldn't figure out who it was. the police are useless and wont do anything without witnesses even tho the officer involved said it couldn't have been anyone but her. I am 3rd party insured with no legal assistance, my insurance wont do anything. theres no real damage to her car, its a bloody range rover and she's hit me with the most solid part of her car!

 

she's avoiding me. i've called, knocked on the door, left 3 letters spelling out that i know it was her, including photographs showing the only part of her car that was clean that day was the part that hit me... and nothing! the evidence is staring her in the face, i know she's done it but in the absence of any witnesses to the accident i appear to be up the creek without a paddle.... is there any action i could take here?

 

what can i do?

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I think your stuffed here, without much chance of being able to prove it was her for sure. Unless there are any CCTV recordings or witnesses that suddenly become available. You could post a note through other neighbours doors, just stating that your car was damaged on x date between the hour of x, asking if anyone was witness to this to come forward. Don't put anything on such a note about who might or might not be responsible, as this could be libelous.

 

If you can't get any CCTV footage or witnesses, what you could do is apply some pressure to the neighbour. Send her a recorded delivery letter (so you have record of posting/receipt) headed 'letter before action', basically advising her that you are holding her responsible for damage to your car on x date between x hours and will be taking this matter to court. Send her details of the cost of the repair and advise her that unless she settles the amount within (say) 21 days or admits liability in writing and provides details of her Insurance policy, you will be left with no alternative.

 

Without CCTV or witnesses, all you have is circumstantial evidence and you would be wasting time taking this to court. If she does not reply to the letter you should stop, as you don't want to be accussed of harassment and have the Police knock on your door.

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I agree with Unlcebulgaria in that you are stuffed without good contemporaneous evidence.

 

Do the LBA and she is legally obliged to give you her insurance details. If she doesn't then send her a letter stating that as per Section 154 of the Road Traffic Act 1988 if she does not give you her insurance details then you will be informing the police of the breach of the regulations. It is possible that once you are in contact with her insurers they may make an economic settlement to you as even if they instruct solicitors and win at court, it is still likely to cost them more than paying for the damage to your vehicle - although I still think you may be wasting your time...

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thanks for the advice guys... having written 3 letters to her already i think theres not much point in trying to pressure her more as she'll just ignore it like the others. I blocked her car in the alleyway this morning with my car, so she rang and spoke to me to ask me to move it. she denied it strenuously but when i asked her to explain why her rear bumper was clean that day she hung up!

 

unfortunately as much as I'd like to do something about it I am bound by my morals to act within the law. bum.

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Threaten her with court and ask her for her Insurance details re the above. Getting the letter by recorded may prompt a change of attitude.

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Section 154 of the Road Traffic Act 1988:

 

154 Duty to give information as to insurance or security where claim made. E+W+S

(1)A person against whom a claim is made in respect of any such liability as is required to be covered by a policy of insurance under section 145 of this Act must, on demand by or on behalf of the person making the claim

(a)state whether or not, in respect of that liability—

(i)he was insured by a policy having effect for the purposes of this Part of this Act or had in force a security having effect for those purposes, or

(ii)he would have been so insured or would have had in force such a security if the insurer or, as the case may be, the giver of the security had not avoided or cancelled the policy or security, and

(b)if he was or would have been so insured, or had or would have had in force such a security—

(i)give such particulars with respect to that policy or security as were specified in any certificate of insurance or security delivered in respect of that policy or security, as the case may be, under section 147 of this Act, or

(ii)where no such certificate was delivered under that section, give the following particulars, that is to say, the registration mark or other identifying particulars of the vehicle concerned, the number or other identifying particulars of the insurance policy issued in respect of the vehicle, the name of the insurer and the period of the insurance cover.

(2)If without reasonable excuse, a person fails to comply with the provisions of subsection (1) above, or wilfully makes a false statement in reply to any such demand as is referred to in that subsection, he is guilty of an offence.

 

Hope this helps...

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I would try something completely different. Get hold of a CCTV camera and pop it up when you know she is not there. Nothing loud, just a small camera that does not stand out. Then, write one last time and point out that failing to stop after an accident is a criminal offence and if she does not provide her insurance details within 7 days you will take the footage from your CCTV camera (which overlooks the alleyway) to the police. The fact that there is no footage of the incident is for you to know. If I were her I would buckle after popping outside and seeing that there actually is a CCTV camera pointed straight at the alleyway.

 

The other alternative is to report the accident to your insurers providing her as the third party. Just her name, address and vehicle details. She would have to respond to any claim otherwise the claim could be settled in default against her. Any accident investiagator will see what actually happened.

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unfortunately my house does not look over the alleyway so the CCTV claim is not an option.

 

When she's been presented with evidence (photographs posted with a letter, showing a nice clean bit on the rear drivers bumper but the rest of the car hasn't been washed in weeks) and challenged on it when i spoke to her she's just hung up on me. the only reason i got to speak with her in the first place is because i blocked her car in the alleyway. i won't be doing that again for obvious reasons but i will write the lba.

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interesting development. received a call from her b/f last night. luckily i recorded it. basically they're saying i cost them money because i bloced her in (she wasnt properly blocked in, she got out and was at work 15/20 mins late). accusing me of harassment even tho i've only spoken to her twice on the issue. said if i ever did it again i'd cause more trouble than i know. I said I wouldn't block her in again, and I'm not going to because I only did it so she would speak to me. every time I asked about the mystery clean patch on the car the convo was diverted he said several times that i couldn't prove it. he accused me of doing it because there's damage on the wing mirror that was on the car when i bought it! then i was getting irate and was telling him the policeman said it was her, he told to write to her and see what happened, he didnt tell me to block her car in but i thought what the hell as i'd heard nothing from her...

 

he then said i'd said the policeman told me to do it and he's gonna call the police and tell them what i said.. clearly this Neanderthal is trying to bully me, i dont expect to hear from the police on this matter. the recording is clear as day, i clearly said the policeman didnt tell me to block her in.

 

I can't believe the nerve of these people, accusing me of harassment when i've spoken to her twice about the matter.

 

any thoughts guys?

 

thinking about getting a solicitor to the the lba. I'm quite sure she wont provide her insurance details, or answer the letter.

 

i need opinions, as I'm unsure what the best course of action is.

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Forget about it, as you cannot prove anything and they are not going to admit anything. Keep a copy of the call, just in case anything happens. You could report her b/f for threatening you, by asking the Police to listen to the call. But I think the Police have better things to be doing.

 

You could speak to a solicitor, but I think they may advise you same.

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LBA then small claims court. You have evidence, don't let them get away with it!

 

As mentioned, they LEGALLY have to give you their insurance details. Its upto the insurance company to decide what to do next.

By day, computer and mobile phone technical support... by night home mechanic and Rover / MG enthusiast!

 

Cars: 1998 Rover 620ti

Computers: HP nc8430 Business Notebook, Apple iPhone 3GS 16GB

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i dunno, to be honest the way they've handled it from the outset should have told me i was wasting my time. its a shame, but i dont think i can be bothered with the hassle. live life be happy and all that. its too much stress, i don't like to roll over but i think i've got to admit i've tried and failed. the photo is just circumstntial and it would just be my luck that they'd fight it and win. i guess this is a lesson learned about how the law works in the uk.

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Very similar, but in Tesco car park. They gave me their home address but refused to give me insurance details.

 

An LBA later and I had £200 in my bank.

By day, computer and mobile phone technical support... by night home mechanic and Rover / MG enthusiast!

 

Cars: 1998 Rover 620ti

Computers: HP nc8430 Business Notebook, Apple iPhone 3GS 16GB

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  • 2 weeks later...

Do the lba. Don't use a solictor as it will cost you a lot, but do send it by recorded delivery. If she does not provide you with her insurance details then she has broken the law and you can persue that - at this point she cannot ignore you, she may stall but she has to give you her insurance details.

 

The next step is to contact her insurance company. You have a lot more influence here as their insurance company will not want to waste time dealing with you over some minor damage. It's not guaranteed but you may get lucky and they will just pay out the claim to prevent escalating costs. It will also count as a fault claim against her. If she continues to deny it and her insurance company backs her then you can go as far as to take it to court and get her to testify as to what happened under oath. No way to prove she isn't lying at this point, but hopefully the pressure of committing perjury will make her see sense. You could do the same through the small claims court but that will cost you, whereas going through her insurance company won't.

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Only problem being the £300 excess that you have to pay if it goes on an untraced claim

 

But it may not be so. It is quite apparent from the OP's account that the neighbour was involved so the MIB will simply claim from their insurers.

 

Please Note

 

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

 

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