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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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Late taxi = missed train


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Hi all,

Yesterday I booked a taxi to take me to the train station and specified the time for it to arrive.

The taxi arrived 15minutes late and as a result I had to watch my train pull away from the platform when the taxi arrived.

This resulted in me having to buy a new ticket, close to £100.

 

The taxi company have described the situation as 'unfortunate' but do not accept responsibility.

I was told the taxi would arrive at the time I had requested and in my mind entered an agreement.

The train fare is substantial enough for me to feel I should go to Small Claims.

 

Am I right to do so?

Really appreciate your help.

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Just my opinion but a 15 min delay causing you to miss a train probably means that you should have given yourself more time to get there. I always aim to get to long distance stations one hour before departure in case of delays and if I arrive very early go and read the paper/get a coffee.

 

However, you have been let down by the taxi firm. A refund of the taxi fare would be good practice imo

CAG has helped me so much since I joined. Based on what I have learnt from others on here and my own experiences, I try to chip in and help others from time to time. I am not an expert and give my opinion only. Always check with the more experienced CAG members before making important decisions.

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Whilst we probably all sympathise to a greater or lesser extent, your complaint is obviously with the Taxi firm, but I very much doubt that you will derive any benefit from a civil claim in this case.

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Thank you everyone.

Daniella - no, I just specified that I required a taxi for a specific time. I did not give the details as to why.

 

MrHat - I see your reasoning and had my taxi journey taken longer than I anticipated then I would have to concede that it was my error.

 

Old CodJA - could you explain more?

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Did the driver give any reason for being late? Sometimes things are out of the drivers control and theres nothing they can do. Traffic, slow paying fare etc.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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The possibility of a claim against the taxi firm would be stronger if you had said that you needed to catch a particular train. Then the despatcher may have suggested you book the cab for an earlier time in order to guarantee that you arrived on time.

 

I honestly don't think you would succeed in making a claim against them because I don't think any judge would agree that giving a desired time of pick up for a taxi or minicab constitutes a contract, bearing in mind that their arrival will be governed by traffic, an earlier pick up being delayed, and so on. Otherwise we would all be suing minicabs every time they were late, and they often are.

 

I would be absolutely fuming, like you, but I don't think you would win this and it would cost you even more money to take them to court and lose.

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No there was no reason. I phoned when it hadn't arrived and they said it was on it's way but it arrived 10mins after that call. As I see it the train company specified the time I needed to board the train, and I in turn felt I had specified the time I needed my taxi. Have agreements not been made in both situations?

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We don't know which taxi firm or where this occurred and in practice I doubt it matters all that much.

 

As an example this link shows the general T&Cs relating to one London cab firm and I guess that they are all pretty much the same:

 

http://www.tlctaxi.co.uk/terms-and-conditions/

 

It seems pretty well covered by Condition 3 in this particular list I'm afraid. I would expect all Cab firms have very similar conditions and unless you can prove that you were given assurances to the contrary, I cannot see much, if any, likelihood of success in taking this to civil action.

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I can't prove it as it is illegal for a consumer like myself to record telephone conversations. (The taxi firm are legally allowed to record them, which I would argue is a one-way defence, and have subsequently told me they record their calls)

In the instance it was a written agreement I would be able to prove myself and in no doubt they may alert me to the terms and conditions.

However I wasn't alerted to any problems: they agreed that the taxi would arrive on time and in doing so I believed they would. I could have asked my friend to give me a lift if I had warning the taxi would be delayed.

 

I feel I'm entering into a sounding like a broken record now. I'm trying to avoid being angry about it, but I want to understand why these circumstances are different. Please don't feel I'm trying to be antagonistic. I appreciate your help as always.

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no, I just specified that I required a taxi for a specific time. I did not give the details as to why.

 

Therein lies the problem I'm afraid.

 

The Taxi firm recording the call wouldn't really be a 'one-sided' defence if that recording showed that you said 'I need to be at xxxx station in good time to catch the xx.xx hours train', but if you did not make that stipulation I cannot see any impartial judgement falling in your favour.

 

The Taxi firm will simply counter by referring to their T&Cs and additionally will say something along these lines: 'if Mr X had specified a need to catch that train, we would have said his time-scale was probably unrealistic and we would have suggested he needed an earlier booking to allow for traffic etc'.

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I can't prove it as it is illegal for a consumer like myself to record telephone conversations. (The taxi firm are legally allowed to record them, which I would argue is a one-way defence, and have subsequently told me they record their calls)

.

 

It doesn't help with your original query, but why do you feel it is illegal for you (as a consumer, rather than as a business) to record a telephone conversation that you were a party to?.

 

What law have you been told you would be breaking?.

There are requirements placed on businesses who record their calls (as part of their licence to access the telephone network) but these are more (not less) stringent than for individuals.

 

I don't agree that a business is allowed to record calls to a business while an individual is not.

 

If one should advise the other party that the call is being recorded, the intent (or lack of) at time of recording to later share the recording with others, and the later admissibility of the recording into evidence can all be debated : but I don't believe it is illegal to record one's calls to a business.

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The difference is that trains and planes run to a published timetable and taxis and minicabs do not. Generally if you phone and specify that you have to catch a train or a flight then the booker will probably call out the job earlier. When I have made complaints to my minicab service - a large city wide one - about late minicabs they have said they call out jobs 15 minutes before the requested pick up, and really they are hoping that a cab will pick up and get there on time. However, if a cab has been requested for a train or a flight they call it early - maybe 30 minutes before it is due - which is why often when you do request one in these circumstances your cab may well turn up early.

 

I don't think a judge would accept that a cab arriving 15 minutes late breaks a contract because they can be held up by circumstances which are not their fault.

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Very unlikely to succeed in getting any more than a refund of the cab fare, is this a private hire cab or a Hackney?

It does appear as others have said you did not allow enough time to cover eventualities.

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Hello there.

 

I have to agree with the others, I'm afraid. I think you're going to have trouble proving this.

 

Too late to tell you this time, I know, but if I'm catching a train at a specific time, I tell the cab company the timings. They know what traffic conditions will be like at that time of day and allow long enough for me to arrive with time to spare.

 

My best, HB

Illegitimi non carborundum

 

 

 

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I'm with the others on this. I don't see how this is their fault. If a friend drops me to the station, (as they always do because it's too dark for me to walk there) I always make sure they leave early so that I have enough to get there due to traffic.

 

The taxi being late is generally out of their control. I've had taxis arrive late usually because they're doing other jobs.

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Well I suppose the sheer number of you saying I've got this wrong maybe is going to mean I must concede.

It aggrieves me: All I can say now is I wish when I had phoned them when it was late that they had and given me an ETA rather than saying it was 'round the corner'.

 

I was interested by this story I heard the other week:

 

bbc.co.uk/programmes/b006mg74/features/lawyers-personal-battle-with-tmobile-over-bill

 

I suppose I thought that an agreement made over the phone was still an agreement. If for example, as Old-CodJA states, I had stated it was for a train journey leaving at a specific time, I'm not sure how that why that should affect the agreement.

 

Anyway, it's a costly mistake, I'm upset about it and I'm trying not to get myself more upset about it.

Really appreciate all your help, genuinely. Any legal back up anyone could give would be great.

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I'm sorry we are not giving you much hope of suing them, but probably the first question the judge would ask would be, "Did you specifically say you had to catch the train at (time)?" and you didn't. If you do take this to court, and I hope you won't, then if the taxi firm defends successfully they may well ask for costs for someone having to take time off work to attend the hearing. Then you will have court costs and their costs on top of the £100.

 

I do think it would have been a goodwill gesture on their part if they had refunded your fare, but you can't insist that they do.

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