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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.  
    • 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
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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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Lost my ESA appeal now what


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Hello All, I am new to this forum. I went to my tribuanl last week unfortunately the decision came back has failed. but I am in a conundrum on what to do now... I know i can make a claim for JSA however, i don't believe i am fit enough to work. I have congenital Scoliosis which is a large curvature of the spine. So if i cliam how can i look for work?

Secondly, i hope somebody can clarify this me. Can you can make a fresh claim for ESA if it has been six months from when the original decision was made? This at the medical with ATOS not the tribunal date. If i make a new ESA claim why would i be successful this time around when i failed last time? Or, is there any other benefits i can claim? I am claiming DLA which helps but of course i need some other income so any advice i would really appreciate it! Especially if you gone through a similiar experience.

 

Thank You

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Hello and welcome to CAG. :)

 

I expect you'll have some replies later. I think the system may have changed recently, although I'm not completely clear myself, and it may be 6 months from the tribunal decision that you can reclaim.

 

I think I'm right in saying that some people here have claimed JSA and their adviser has realised that they're not fit to work.

 

Hopefully the guys will tell you more when they're able to get here.

 

My best, HB

Illegitimi non carborundum

 

 

 

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I think I'm right in saying that some people here have claimed JSA and their adviser has realised that they're not fit to work.

 

Yes, have heard of people where that's happened.

 

Are you a lone parent or a carer?

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Thanks Honeybee for the link. Can anyone tell me the rules please regarding making a new claim for ESA? I have look on Google and i am still uncertain if it is six months from the original decision or six months from the tribunal date.

No, Nystagmite i am not a lone parent or carer. If it is six months tribunal i dont know what i am going to do because i am incapable of working so why claim JSA. I am little bit in the dark. Is there anyone i can talk too? Please offer me some advice thank you

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YES put in a fresh claim for ESA. The six month clock starts to tick from the date you failed your ATOSH medical NOT the date of the Tribunal. To date, there has been no information that this has changed.

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Do be aware, although it is quite rare, sometimes the DWP call staff aren't aware of the exact time period. Any problems and I'll post up the link to the relevant document ...

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YES put in a fresh claim for ESA. The six month clock starts to tick from the date you failed your ATOSH medical NOT the date of the Tribunal. To date, there has been no information that this has changed.

 

Quite correct :-(

 

I find it quite strange that a post here claimed that the 6 month rule had changed and that it was from "informed sources". Since there was nothing nowhere on the DWP's website nor any other reliable advice website... which quite frankly something of that magnitude would have caused quite a storm. Nor did the original poster ever post back when asked to clarify their sources. Even more amazingly over on MSE a post appeared stating the exact same thing but this time referenced to posting on here.

 

The only conclusion is that they were a WUM and a TROLL looking for a bit of twisted fun making disabled people panic:roll:

 

We are not amused :razz:

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