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    • 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
    • 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?
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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Hello, I am claiming discrimination. How do I put a figure on it? I've mathematically set out all my other losses, loss of employment rights, etc. Or, would you leave it off the schedule of loss altogether? Thanks, Rebecca

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Hi

 

If you are claiming discrimination, then then put on the schedule of loss `injury to feeling` and leave the rest blank [figure coulmn]

 

That way the ET are aware that you are claiming for injury to feeling and the figure will be decided at the remedies hearing,if you were to win your claim

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'Loss' is limited to financial or economic loss. It does not extend to non-pecuniary loss such as injury to feelings...

---Aut viam inveniam aut faciam---

 

***All advice given should be taken as guidance... Professional advice should always be taken before any course of action is pursued***

 

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Hi Bigredbus,

 

Thanks for your note. I've not submitted the SoL yet. Should I leave it off then? Presumably the Judge, if he sees fit, will award compensation for injured feelings? I don't need to make a point of it?

 

Regards, Rebecca

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Hi Rebecca,

 

My apologies... I didn't read the entirity of the thread (once again!)... and as you are claiming unlawful discrimination, you are entitled to claim compensation for injury to feelings. However such award is not made automatically and it will be for you to show that you suffered such injury as result of the unlawful act. Nevertheless the burden on you is not a heavy one and the matter of feelings may be simply stated.

---Aut viam inveniam aut faciam---

 

***All advice given should be taken as guidance... Professional advice should always be taken before any course of action is pursued***

 

- I do not reply directly to any PMs, but you are more than welcome to enclose a link, in a PM, to your post. Thank you -

Make a contribution to this site... Help the CAG keeping on helping you for FREE.

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So, sorry, Bigredbus, but to be clear, should I leave it off the SoL and just stick to my actual financial loss? And, the matter of injury to feelings, I should bring up at the Hearing?

 

Thanks in advance, Rebecca

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Hi, and sorry again for the fact that I don't always read the entirity of the thread before replying... :oops:

 

Yes... You should not make any mention of it on your schedule of loss, and you should bring it up at the hearing...

---Aut viam inveniam aut faciam---

 

***All advice given should be taken as guidance... Professional advice should always be taken before any course of action is pursued***

 

- I do not reply directly to any PMs, but you are more than welcome to enclose a link, in a PM, to your post. Thank you -

Make a contribution to this site... Help the CAG keeping on helping you for FREE.

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Hi Rebecca & Bigredus

 

Firstly ,BRB,you had me confused with your initial reply, thats why i hesitated with my reply.

 

Secondly, from my experience if there is no mention of the words`Injury to feelings`on the schedule of loss then the claimant may/will face difficulties,if the other side were to oppose or challenge[and they will] a claim that is not documented nor mentioned on the Schedule of loss,

 

There is absolutely no harm in stating the words `injury to feeling` on the schedule of loss, just to be on the safe side...but this decision is entirely yours rebecca.

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Hi 'Madari',

 

Yes, I don't always read the entirity of the thread prior to replying...

 

Just to remind you that there is no need to add a field related to injury to feelings on the schedule of loss as including such award for injury to feelings is fundamental to a claim based on discrimination. Therefore, and as I mentioned in post #8 the matter of feelings may be simply stated at the hearing... :-)

---Aut viam inveniam aut faciam---

 

***All advice given should be taken as guidance... Professional advice should always be taken before any course of action is pursued***

 

- I do not reply directly to any PMs, but you are more than welcome to enclose a link, in a PM, to your post. Thank you -

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We respect your views, 'Madari', and your experience of the court rooms... but I can assure you that the panel will be expecting that the claimant raises such a matter... :-)

---Aut viam inveniam aut faciam---

 

***All advice given should be taken as guidance... Professional advice should always be taken before any course of action is pursued***

 

- I do not reply directly to any PMs, but you are more than welcome to enclose a link, in a PM, to your post. Thank you -

Make a contribution to this site... Help the CAG keeping on helping you for FREE.

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Hi BrB,

 

I think you are missing the point,I am not disputing your comments.

 

My point is that once it is documented`[injury to feeling] then it has to be addressed one way or another,otherwise as you say Quote:`....the panel will be expecting that the claimant raises the matter.....`

 

lets not confuse poor rebecca...

 

Regards

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Hi Big Red Bus, Madari,

 

Thanks for both your replies. How about I mention the upset caused in my witness statement? I'll be leaving a figure out of the schedule (as I can't quantify it in any case), but I will have recorded the fact that I have suffered as a result of my ex-employers words / actions.

 

I'd be grateful of any advice.

 

Thank you in advance.

 

regards, Rebecca

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