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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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ESA85 ---ESA85A what is the diffrance


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just about to my tribunal paperwork and I was wondering what is the diff. between ESA85 and ESA85A

 

Also on medical report form

ADVICE

I advice that the person meets the criteria for having limited capability for work.

PROGNOSIS

I advice that a return to work could be considered within 18 months.

if advice to return to work 18 month why I am in wrag for one year

this person who have produce esa85a has lied so much are doctors allowed to lie? where is ethics?

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:udaymorjaria:

 

An ESA85 is the report from a face to face assessment with a Atos assessor for employment n support allowance, cos of limited capability for work/work related activity.

 

An ESA 85A is a report from an Atos assessor on a claimant's limited capability for work/work related activity without a face to face assessment.

 

The Atos assessor's prognosis is only a recommendation which can be, and frequently is, over-ridden by a Jobcentreplus decision maker.

 

Atos and acceptable ethics? Tis my opinion that they're mutually exclusive. Their assessors are given targets (evidenced by the fact they get audited if they make too many recommendations of limited capability for work related activity) which, if followed and claimants don't appeal, will reduce Government spending on income replacement benefits.

 

Best wishes for your appeal, Margaret.

Edited by **Margaret**
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Also tho the reports been overriden can be not in the claimants favour as well as in their favour, some people may assume wrongly if they dont get SG that it is down to ATOS.

 

I wonder how common it is for atos to reccomend SG but then the claimant gets WRAG.

 

Sadly tho I still dont have my ESA85 dispite requesting it multiple times and since my SG appeal didnt proceed due to successful reconsideration I will probably have to do a SAR to get it.

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well I guess that's an interesting point, as they say it is always the DM's decision in the end. Hence the job title. However there were so many lies on my atos report that the DM couldn't realistically done anything but found me fit, the tribunal on the other hand thought differently, thankfully.

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That's ridiculous. Obviously, I know very little about your situation; but a lot has probably changed in the last 18 years. Don't understand how they can use an 18 year old sick note.

 

I was going through paperwork which I received from DWP. D.M has not received copy of esa50 from ATOS my esa50 was received by atos but they lost it and dwp has tried there best to find but cannot find ( funny never ask me if i have copy of esa50) also d.m said in tribunal paper that i did not send any further evidence with my gl24 ( well I did send letter from my cons. from hospital clearly saying I can not walk more then 10 meters)

so much waste of tax payer monies tribunal time and above all it is stressful like hell until I get decision from tribunal

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That's ridiculous. Obviously, I know very little about your situation; but a lot has probably changed in the last 18 years. Don't understand how they can use an 18 year old sick note.

 

Yes Nystagmite lot of changes all for the worst 39 tab. a day with nine injection a day but that is life

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