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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.  

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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.
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      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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Phone Stolen Abroad - Big Bill - O2 - Moorcroft


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The title just about says it all. I was mugged in Barcelona in December of last year around 4am and lost my iPhone, £1250 Rado watch (which I know I shouldn't have been wearing out at night in Barcelona, but when you've worn something every day you don't really think), and £200 cash. I didn't really mind about the money or phone (was shaken up but unhurt) but was gutted about the watch as my wife bought it for me as a wedding present.

 

Anyway, the next morning (around 10am) I called O2 to report the phone. All I got was "This number has not been assigned to this client". I received this message from at least three different phones, yet was definitely the right number.

 

Anyway, I flew back that night (arriving at around 1am once I'd got the bus back from the airport) and called O2 at around 08:30 the next morning. They told me the phone hadn't been used.

 

About a month later I got the shock of a lifetime...a bill for about £1150 which was almost entirely made up of calls made after it had been stolen. I had travel insurance and mobile phone insurance. They gave me £300 for the watch, which was an insult but better than nothing but nothing for the calls made as I "hadn't contacted my provider in time". I was about 12 hours late.

 

I have been paying monthly amounts off to keep O2 happy just while my insurance company looked into it...when it came back to say they could do nothing, I wrote a letter to O2 explaining what a good customer I had been and that they could see from the bill that I could not have made these calls...my previous 24 months (ish) had been around £50 a month. I offered a settlement figure of around 50%...

 

Anyway, I never got a reply...the first I heard back from them (around a month later?) was from Moorcroft. I've dealt with these pirates before...but I'm shocked that O2 would pass it over without even so much as replying to my letter.

 

Moorcroft want a settlement of £780 which I can't afford or £50 a month until it's gone.

 

Any help???? Anyone been in a similar situation? Apologies for long post...

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They were made as soon as it had been taken off me (which I discovered when I received the bill). My point to the company was that I tried and tried to contact them from Spain within the 24 hour period but their system would not accept the call. I guess I could probably prove this from friends' mobile phone records but that would be a long-shot.

 

I had hoped that O2 would clearly see that I never used my phone abroad or ran up so much as three figures a month, let alone four in a day...

 

Any advice on how to deal with Moorcroft?

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Write to moorcrap. Stating the account is in dispute and they are to return it to the original credtor. Write to o2 stating the account is in dispute. And outline your complaint that you tried to 3 times and each time their system failed to accept your call. Tell them you have prove from mobile records. And that your happy to pay for calls up till the first call you tried to make.

 

See what they say

:???: what me. never heard of you never had a debt with you.
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Thanks. I have emailed the people whose phones I used to see if they can still access December's bills and whether I can use them....hopefully shouldn't be a problem.

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