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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
    • 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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      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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How long does it take DM to make Decision ?


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I'm still waiting since February, after sending in the GL24, from getting Nil points in my IB to ESA Migration, I'm still on the assessment rate, still sending in Med Certs, can anyone say if this means I'm going to Tribunal or can it take this long for a DM to make contact.

 

When I called DWP call centre they have no idea where I stand, just say keep sending in Med Certs, I only want to know will I hear from a DM, or is it done deal and I'm going for Tribunal hearing, it's been hell not knowing anything.

 

Is this the norm for people, the DWP site states during the process once you submit the GL24 you will hear from the DM if they been able to overturn the ATOS points, but I've had no definite details from them, just the usual letter saying they will pay assessment rate till my appeal is looked at.

 

thanks for reading, just feeling so ill with worrying

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There is a backlog with reconsiderations but I wouldn't think the backlog is that big! So in my opinion I think the decision has not been changed by the DM and your claim has been referred to the Tribunal, and the Tribunal can be approx 6 months before it is heard.

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I appealed via the GL24 in February, the DWP phoned me about six weeks later asking if I still wished to go ahead with the appeal, I said yes and the paperwork from the DWP arrived four weeks later, and the paperwork from the tribunal service a couple of weeks after that, My appeal hearing is not before 01/10/2012.

 

Corruptissima re publica plurimae leges

 

Being poor is like being a Pelican. No matter where you look, all you see is a large bill.

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Thanks for your replies, I'm worried as it does seem to me I would have had something by now, but when I called them they said I will hear from the DM in due course, they could not tell me if I was being sent to Tribunal or not as it does not show on their system. I'm going to phone again, I just want to get an answer as to what the DM's decision is, not just left in limbo, I thought they had to tell you not just send you to Tribunal without letting you know their decision first.

 

Osdset you say you had a call from them, that's what I mean, I've not heard a thing.

 

 

 

thanks again for your help guys

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cocoriver,

Just a thought, did you state that you wanted to appeal on the GL24, or ask for a reconsideration?

 

Corruptissima re publica plurimae leges

 

Being poor is like being a Pelican. No matter where you look, all you see is a large bill.

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Hi osdset, I'm not sure because I was told by DWP to go into Jobcentre for help and the GL24 was filled out by the man I saw there, he then faxed it on to the correct dept, I had no idea there was a difference, I was just told to send in a GL24 within one month of getting nil points letter, they don't offer information so if you don't no what to do it's a mine field.

I'm going to phone on Tuesday and try to find out, thanks for taking time to read my post

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Hi osdset, I'm not sure because I was told by DWP to go into Jobcentre for help and the GL24 was filled out by the man I saw there, he then faxed it on to the correct dept, I had no idea there was a difference, I was just told to send in a GL24 within one month of getting nil points letter, they don't offer information so if you don't no what to do it's a mine field.

I'm going to phone on Tuesday and try to find out, thanks for taking time to read my post

 

Hmm, personally I would not have let someone else fill out the GL24, I take it you did not see what was written, for an appeal you normally state why you disagree with the DWP's decision, and ask for it to go to appeal.

 

I have no experience with claims migration but I know that in the case of a new claim for ESA, if a reconsideration is asked for benefits stop until the decision is made, you are still getting paid so I'm guessing he has requested an appeal.

 

Corruptissima re publica plurimae leges

 

Being poor is like being a Pelican. No matter where you look, all you see is a large bill.

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The problem was when I got the letter saying I had nil points, I phoned DWP and they suggested they make an appointment for me at Jobcentre where someone would help with the forms, as it has never happened to me before I was unsure of the process. I did see the GL24 as he asked me what I'd like to be put on the form as my reasons for appeal, basically that I disagreed with the ATOS medical, Nil points etc, so that's basically what he put on the form, then faxed it off, a couple of weeks later I got a letter saying it had been received, and they would look at the decision and if it could be changed they would let me know, then I got a letter saying I would be paid assessment rate until decision on my appeal had been made.

 

I phoned and ask did that mean I was being passed to tribunal but was told, as it was not showing on the system they could not tell me, but I should hear from a DM in due course, just to keep sending med certs, that's it, nothing since then. Now in May, and very worried indeed.

 

thanks again for taking the time to read my posts

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OK, so as others have said, it looks very much like the reconsideration has been done, the DM did not change the decision in your favour, so it has gone to the Tribunal. That's not great, but not a disaster either as the Tribunals do regularly find in favour of ESA claimants.

 

You may wish to read Site Team member Honeybee13's excellent sticky thread (the threads that appear in a kind of nasty greenish colour at the top of the forum) for more information about the appeals process.

PLEASE HELP US TO KEEP THIS SITE RUNNING. EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

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Hi Antone, yes very much looks to be that way, I realize now I never fully understood what was happening, I was waiting to hear from the DM and now think I already have, going by the letter they sent back in Feb. But when I called them to clarify either way they would not say if I was going to Tribunal as they just kept telling me it did not show on the system that I was, so it could go either way, seems to me the DM did not change the decision back in February and I've been waiting for Tribunal papers all this time without even knowing it.

 

It's just ever y thing I've read, ie DWP link to the Appeals process, states you will hear from the DM, so I stupidly thought I'd get another letter or phone call.

 

I feel really stressed that I failed to understand what was happening, it's really upset me. I don't know if I'll be able to attend the Tribunal but as everyone says, it's better to go.

 

Thanks again for your help everyone, and best of luck to you all

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hi,

 

just a thought here, have you when you have rung the dwp about this ever been offered a call back from the decision makers? If not ring and request one. They will be able to tell you whether or not it is going to tribunal.

 

Also have you seen a copy of the assessment report that would help you emensely in your appeal arguing.

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here is what I got told regarding the delays etc.

 

the time the appeal/letter is recieved by sorting office is recorded so they use that date to decide if you appealed on time, however fromt hat point it can easily be many weeks before a DM looks at it. Most likely your appeal is sitting in a pile waiting to be looked at, once my last appeal was looked at the DM made a decision the same day.

 

As I understand it you will know if they submitted to trbunal because when they do that you have to be sent a copy of the documents related to the case.

 

It seems the DWP have issues communicating via letters and too many people are just left waiting in silence.

 

Asking for a callback from the BDC in my experience speeds things up. As they usually will look for your stuff first before ringing you back.

 

I rememebr ringing up been told by the call centre staff not to worry as the tribunal service has delays, and I pushed to find out the DM hadnt even got to it yet. I knew from past experience of tribunals I would get documentation when it gets submitted.

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Hi, yes I've made several calls, mostly to the call centre staff, with different responses, ranging from it takes months for appeals to be looked at, to no your not necessarily going to tribunal yet, I had one call back with regard to being asked to send in a follow on med cert, I call to say it had been done but the call centre said it had not arrived so they gave me a call back, the lady that called me just took the details of the med cert and said she would update it there and then, but had no other information for me.

 

My last call, Tuesday this week, I was again told, nothing on the system saying I was going to Tribunal, can take months to be looked at and could go either way, but most people do have to go to Tribunal, just wait.

 

I may call again next week, and ask for a call back

 

thanks for your help

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