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    • 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
    • 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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      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

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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.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
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      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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What are my rights in this situation? Faulty Workmanship


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I recently had a new floor put down in my flat (May '06) and it has subsequently developed a fault, see image below. The floor has started to rise along one section stopping me from closing the door.

image042do8.jpg

 

I phoned the company that fitted the floor and have been in email contact since. The last email asked that I get a joiner round to quote for fixing the floor because "to travel up from yorkshire would be very bad commerce". I live in Glasgow so approx. a 4 hour trip for him.

 

What are my rights regarding repair etc?

 

Thanks in advance.

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You're entitled to be satisfied, so do as they suggest - a local joiner may fix this for a small amount, and if your contractor pays this, there's no problem. Try to get a joiner that comes recommended. By the way, apart from the imperfection the floor looks lovely!

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I can see from the photo that its a laminate floor and the reason its risen is because when it was laid, it was probably laid right up to the edge of the room at all sides. This type of flooring should have a gap for expansion round the edge, as it will expand and shrink depending on the temperature and weather conditions etc. Ideally it should have had a beading layed over the edge to hide the small gap around it or appropriate skirting board with edging, so I would check and explain to the fitters that, that appears to be the reason for the problem. Either way, if it can be relaid on the outer boards as its probably clipped together, board by board and the expense will be covered by the origional company, than apart from the inconvenience...the problem will be solved.

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It's an 18mm solid oak floor, not laminate. As it's real wood it can suffer expansion problems from moisture. Essentially it's the same kinda problem. Not enough space to expand. So original company will have to pay/supply the material and the cost of a joiner to fix it?

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Having a second look again at the photo, I can see that the boards have been staggered the wrong way, which wont support the individual boards properly either. You generally lay full boards, but stagger at the beginning and maybe the end of the room, if they run out, or at least the first board on a new run, so to speak. It appears theyve cut short boards in the middle of the room which doesnt help either.

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Court action would mean raising the case in E&W and the attendant problems of cross-border litigation. Their suggestion of getting someone local to fix it DOES seem the most sensible, however, since THEY are in the business, why not get them to source a local contractor - this means there's no responsibility on the OP to pay additionally and try to get the costs repaid if they subsequently don't want to play ball.

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  • 4 years later...
Court action would mean raising the case in E&W and the attendant problems of cross-border litigation. Their suggestion of getting someone local to fix it DOES seem the most sensible, however, since THEY are in the business, why not get them to source a local contractor - this means there's no responsibility on the OP to pay additionally and try to get the costs repaid if they subsequently don't want to play ball.

 

------

 

It is probably a good idea to use a local contractor but the Regulation (EC) No 44/2001 does give a consumer the right to choose the jurisdiction, in case of emergency:

 

1. A consumer may bring proceedings against the other party to a contract either in the courts of the Member State in which that party is domiciled or in the courts for the place where the consumer is domiciled.
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