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    • 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.  
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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
    • 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
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Council Tax over 6 years. Liability order.


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Hi, I am new to this forum and would appreciate any advise that you nice people would like to give.

 

I received a letter from the council this year February claiming that I owe the council about £2000 for council tax not paid at a previous address that I lived in 7 years ago, which as far as I know was paid. Being that it is 7 years ago I cannot prove as I don't keep payment records that long.

 

In my 7 years of living here I have not received any warnings that I owe this money and I always pay my council tax on time, also the council have known my new address and even my contact number, but they have never tried to contact me about this debt.

 

They told me they made a liability order in 2004, which they require a court summons from the magistrate court, but I haven't received any letter about this. I haven't seen this liability order, I have asked them to prove it, but they have just sent me some screen shots of their software. They keep prolonging the deadline as well when I speak to them.

 

I am wondering why it's taken this long for them to suddenly contact me. Any idea where I would stand?

 

Thanks for your help in advance

Andy

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Thanks for the reply.

 

I cannot remember how I paid.

 

It is a very difficult situation.

 

I still cannot believe they made a Liability Order though, I haven't seen any evidence of it.

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I would hazard a guess that they have more than 1 Liability Order as £2k for CT 7 years ago would be akin to living at Buck House. Makes me think they have continued charging after you moved. You must ask them how many LO's they have and what dates they cover.

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I would hazard a guess that they have more than 1 Liability Order as £2k for CT 7 years ago would be akin to living at Buck House. Makes me think they have continued charging after you moved. You must ask them how many LO's they have and what dates they cover.

 

Thanks for your reply.

 

The house is a high council band, that is why it is 2k, also they added charges for late payments (which i didn't receive).

 

There is only one LO that they speak of which they say was applied on the 29th November 2004, again no record was sent to me though.

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Would be interested to see their explanantion for that.

 

PT

 

They say they have sent warnings and bills out, but I didn't receive them. They have sent me screen shots of their system software.

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What address do they claim to have sent them to? If your old one did you advise them you were moving?

 

They weren't clear, they said it could be either.

 

I actually spoke to the current owner who has been there since I left, he said he hasn't received anything from the council(as far as he knows), and I haven't at my current address.

 

I told them that I moved, they even admitted that they I told them that I had moved.

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In that case put them to strict proof they were posted. Although they may have them on their system they have nothing to say they were printed or then posted.

 

That is a very good point, but they can't prove it.

 

They also say "they don't need to prove it".

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That is a very good point, but they can't prove it.

 

They also say "they don't need to prove it".

 

This is true to some extent as they would rely on the provisions of Section 7 Interpretation Act 1987, which effectively says proof of postage is proof of receipt, unless it can be proved it hasn't arrived. But I imagine they should have kept records of the postage??

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This is true to some extent as they would rely on the provisions of Section 7 Interpretation Act 1987, which effectively says proof of postage is proof of receipt, unless it can be proved it hasn't arrived. But I imagine they should have kept records of the postage??

 

They may have I can ask them. But with some of the records they say that they don't keep them for that long.

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They have to have something as otherwise they could just say anything. It may pay you to ask your local Councillor(s) for help any refusal or reluctance and you go to the Leader of the Council and his opposite number.

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They have to have something as otherwise they could just say anything. It may pay you to ask your local Councillor(s) for help any refusal or reluctance and you go to the Leader of the Council and his opposite number.

 

Thanks for the advise, what do you mean by 'opposite number'?

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You geninuely don't remember how you paid your CT? There are only so many ways you can do it. With it being such an important bill, you are asking for trouble here not being able to show you have paid it. Sounds like I am lecturing here, so enough of that. :!:

 

Having said that, overlooking this rather large issue, they don't tend to be this dis-organised over something as serious as CT. I don't see how they haven't sent formal letters or got a bailiff recovery team on the case before now. They are normally on the ball, so to not be able to present you with any proof or formal letters makes me think they might have a hard time proving any of this in court anyway. So hopefully, you'll be OK.

 

Thanks.

 

Yeah I can't remember it was 7 years ago. The funny thing it that when I missed 2 months of paying the CT with my new property they sent me a liability order straight away, so I paid it off imediately, so I don't see how they can let it last as long as 7 years and try and get it from me now!

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  • 3 weeks later...

Just in case anyone is still interested, after some more complaining, eventually the council decided that I did not owe them money and they dropped the "owed" payments.

 

Justice is done.

 

Thanks for your advice, guys.

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