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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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    • 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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Should I request a copy of my atos medical report?


Zarbafi
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I was recently told I had been succesful in my application for ESA and was placed in the support group for a limited period which I was happy with. However I have been wondering if I should request a copy of my atos medical report (esa 85). Partly I am just curious but I also think it would be useful to have for my own records. Is it ok just to call up and ask for a copy or would it somehow make me look suspisous or go against me in future?

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I always get a copy of my "medical" even when i "pass"

 

Well I just got off the phone with the dwp a minute ago and they wanted to know why I was requesting a copy if I was in the sg. I just said for my own records. I really hope it doesn't go against me in future. Too late now to undo.

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No, it'll be fine. The DWP staff are just not used to people requesting the ESA85 when they pass the medical, and filling in the appropriate request forms is a bit of a pain for them to do (I know this from direct personal experience) so the person you spoke to was probably grumbling a bit. But that's what they're paid to do. You're entitled to see this report - the fact that you've actually exercised this right can't be held against you.

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No, it'll be fine. The DWP staff are just not used to people requesting the ESA85 when they pass the medical, and filling in the appropriate request forms is a bit of a pain for them to do (I know this from direct personal experience) so the person you spoke to was probably grumbling a bit. But that's what they're paid to do. You're entitled to see this report - the fact that you've actually exercised this right can't be held against you.

 

Thanks Antone, thats made me feel a bit better! I just think it would be useful to have a copy of.

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Can you post it online, Zarbafi? Many of us would like to know what a successful ATOSH 'medical' report looks like! :D

 

I think that might end up with me giving away a little too much personal information!

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Well I will see what it looks like when it arrives, it is just a pretty personal document to have floating about the internet. That is partly why I wanted a copy from the DWP, just to know what information they now held about me.

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I would be interesting in mine too, I was not in a good place when I filled out the ESA50 (I was awaiting angioplasty, and was having quite a lot of chest pains). In fact it was more scribbled out, don't even know how they read it. I did sort of relent a bit and put in a copy of my script, before sending it back. I think they got it back within a week of it being sent to me.

 

I didn't get called for any medical, got put in the support group. I would be interested how they decided this. I was told I would not be seen for 2 more years.

 

It's fairly easy to remember what I put in the form as I just told it as it was. It would just be interesting to find out how many points i got and what made them put me in the support group.

 

I also would be interested in my wife's DLA award.

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