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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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      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.
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Form of charge for payment on money Help please


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I have been served with a "Form of charge for payment of money" from Scott and co for £600 for parking tickets.

 

It says"If you do not pay this sum within 14 days you are liable to have further action taken against you including arrestment of your earnings and the attachment and auction of articles belonging to you"

 

Has this already been to court? Do i have to pay or will they accept a payment plan?

 

I dont know if this is a court form or just their scare tactics, any help/advice would be appreciated.

 

The envelope they delivered it in said "this envelope contains a citation to or intimation from aberdeen sherriff court"

 

thankyou.

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Hi,

 

Did the Form of charge for payment include the wording.......

 

On (date) a decree against you was granted in the Court of Session for payment of a sum of money in the above action [or give details of other document upon which charge proceeds such as a document registered for execution in the Books of Council and Session].

 

The decree [or warrant for execution of the document mentioned above] was extracted on (date).

 

 

You can only use diligence after a decree or summary warrant has been obtained.

 

The serving of a charge for payment is now a requirement under The Bankruptcy and Diligence etc (Scotland) Act 2007 before carrying out any diligence e.g. an earnings arrestment.

 

I'm sure applications for formal time to pay are competent in respect of debts due to local authorities.

Any advice I give is honest and in good faith.:)

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Hi thanks for reply and no it doesnt say that, but it does say this:

 

On the dates specified in the schedule overleaf Penalty charge certificates were issued to you by Aberdeen City Council under and in terms of schedules 3 and 6 of the road traffic act 1991 as amended which authorised recovery of the penalty charges, in respect of which the total balce outstanding is £xxx.xx

 

I xxxxxxxx xxxxxxxxx xxxxxxxxx x xxxxxxxxx xxxxx sheriff officer, by virtue of the said penalty charge certificates, charge you to pay the total sum due as set out below within 14 days after the date of this charge to scott and co, sheriff officers, xx xxxxxx xxxxxx.

 

If you do not pay this sum within 14 days you are liable to have further action taken against you including arrestment of your earnings and the attachment and auctionlink3.gif of articles belonging to you" You are also liable to be sequastrated.

 

This charger is served on you today by me x leaving it for you.

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Hi,

 

I think you need to find out if you have a decree against you, I would telephone the Sheriff Court tomorrow and ask, if you do you can apply for a Time to pay order

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?185249-Have-you-received-a-charge-for-payment-arrestment-summary-warrant

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Local councils have the authority to issue penalty charges and the level of penalty charges are regulated by The Road Traffic Act 1991 (schedules 3 and 6).

If the fine is not paid the council can enforce payment without going to court. The charge certificate is equivalent to sheriff court extract decree (court order).

The council can then use sheriff officers to arrest the individual’s bank account or serve a charge for payment giving the debtor 14 days to pay the debt following which they can do the following after the charge has expired:

  • issue an earnings arrestment his earning
  • attach property outside the dwelling house including the car (in accordance with articles exempt from attachment)
  • if the aforementioned actions is unsuccessful then the council can apply to the sheriff court for an exceptional attachment order to attach items within the dwelling house.
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