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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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If I fail my ESA tribunal what happens?


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NO, if your appeal fails they will tranfer you to Jobseekers Allowance.

 

No if its more than 6 months from the initial WCA decision then ESA can be reapplied for as long as fit notes are provided.

We hang the petty thieves and appoint the great ones to public office ~ Aesop

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Sorry I missed estinlyns post

 

My initial WCA was a year ago so how do I approach

 

If you fail you do two things. Firstly make a new claim for ESA - but you may need to wait for the old one to be closed down, make sure you send a fit note from your GP. Secondly write to the Tribunals service and ask for a statement of reasons for their decision - this is the only way you can see if they properly considered all evidence. If you think from the statement of reasons that they did not consider all of your evidence properly, then seek specialist help (CAB, welfare rights) in order to take the matter to upper tribunal.

We hang the petty thieves and appoint the great ones to public office ~ Aesop

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Ok thank you estellyn. I am just looking at it from all angles.

 

So if I fail and the Esa is closed down. I reapply, is there a disruption to my monies, e g current assessment ESA and housing benefits. Bit stressed

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Ok thank you estellyn. I am just looking at it from all angles.

 

So if I fail and the Esa is closed down. I reapply, is there a disruption to my monies, e g current assessment ESA and housing benefits. Bit stressed

 

There may be a small wait for the new claim to be processed. As long as you keep the housing benefit dept up to date with what is happening, and provide any details they ask for, there should be no issue with HB.

We hang the petty thieves and appoint the great ones to public office ~ Aesop

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Hopefully someone will correct me if I'm wrong about this, but this is what happens. If you fail the appeal, it can take a while to close down your claim - sometimes 2-4 weeks. While your current claim is open they won't be able to take a new claim over the telephone. Once it is shut down, you make the new claim and it is processed. Not sure what the turnaround times are on simple new claims - could be 2 weeks, could be 4 weeks. In the interim you can try to claim a crisis loan if things get scary. Remember ESA is paid in arrears, so depending on your payment day, you're likely to receive at least one payment after the appeal, maybe two, depending how quick they are in processing the appeal.

We hang the petty thieves and appoint the great ones to public office ~ Aesop

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Assuming you fail your Tribunal - and remember you may well succeed! - then, as it's over 6 months since notification of your failed WCA, you can reclaim ESA (likewise if your condition has deteriorated).

It can take quite a while before the Tribunal officially notifies the DWP that you have failed. So, this is what I do:

My ESA benefit is paid every other Thursday. The payment is generated the Monday before. So, every other Monday I used to phone up my BDC to ask if they had been notified that I had failed. (The Tribunal panel told me on the day that I had). If it's a no, then I know my payment will go through without a hitch. When I finally had a yes, then that was when I submitted my new ESA claim.

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Thats great advice, thank you very much indeed I follow what you do Estellyn and Rae if its a neg outcome at Tribunal.

 

So does the ESA process just begin all over again, another ESA50 and another ATOS assessment?

 

What happens to back payments from my current ESA claim when/if it gets closed if I am successful with the new claim in the future?

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