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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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    • If you are buying a used car – you need to read this survival guide.
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    • Hello,

      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.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • 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.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      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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Thoughts in your day


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I wanted to start this thread as a middle ground for 'What made you smile/swear today.' We have thoughts which don't make us smile or swear but you contemplate on an issue. What concerns you, what worries you, how you would rectify it. There's also the good things that work, you may have new ideas, a space for any thoughts you have on your mind.

 

My thought today is how large privatised companies can hold the country to ransom, being big and powerful and if there's a problem you will do our bidding. The Banks and energy companies come to mind.

Edited by determindator
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It is said the Chinese are chess players, play over the long term to win. The thing is finding out exactly what the prize is for winning. We have to make sure short term gain so prevalent in our society now, doesn't put us in a bad position long term. It's a concern when another country is investing so much so quickly, at what price?

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If some MPs feel they need a pay rise to meet their financial needs, how do they connect with people who do not earn any where near their current salary or those unemployed. They are advocating we can survive this 'austere' period so why can't they on the wages they earn. Simple really I suppose, they don'y do austere. I don't see that as leading by example.

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After a day surrounded by selfish, rude, strangers who are shopping for presents for loved ones, I suddenly thought to myself.................. Bloody hell I would hate for my family to feel its such a hardship to go and buy me a gift ! Yes its busy, yes its going to involve a queue, but come on, we have all had the same 12 months warning and head start............ yet 10 days to go you would think no one new this time would come until today ! ............. God bless ya xx

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Thinking of our precious grand-daughter Alisha Marie on what would have been her 8th Birthday, forever in our hearts and thoughts xxxx

R.I.P my beautiful grey ghost, gone but never forgotten, taken so suddenly, 04/07/2004 ~ ~ 02/03/2017

Gone but never forgotten,Little Miss Sunshine, Alisha Marie. 15/12/2005 ~ ~ 13/02/2006

Our  beloved Dalmatian Jazz,  gone to join Wal at Rainbow Bridge, hope you are now pain free .  20/9/2005 ~ ~ 24/3/2019

 

 

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Good to see you SG:-D Hope your all goes according to plan. Nice violin piece in the song reminds me of the violin played in 'You wear it well' Rod Stewart 1972.

We performed on Weds, don't have to borrow mics anymore! Vid in the making so we can see how we performed.

 

I may go to a local tnite for mince pies and mulled wine. Mine prefer to watch Tottenham in the rain, good luck!

 

Christmas Supermarket Secrets BBC1tday very interesting.

 

Sounds an idea CD.

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The PM rejects a petition which had received 100,000 sigs in one day calling for foreign aid cash to go to British flood victims. Instead he pledged a blank cheque for councils to deal with the floods. He insists money is no object. He went on to say we are a wealthy country, we have a growing economy. If money is needed for clean-up, money will be made available. He vowed householders would each get thousands of pounds to help protect their properties against future inundations. Now, this is a very different take on the dreaded austerity stance. If we have a national deficit, how can we afford foreign aid? I think the public deserve transparency on what the master plan is, and they wonder why they don't get a majority.

 

Barclays will be adding to the unemployed claimants. That's bankers for you.

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"Agree with all of above" ............Also when did it become ok to rip off people in this country ???????????

 

 

AND WHY DO THEY CONTINUE TO........... "Get away with it" ?

 

 

Its time we all stand firm and say enough is enough............

 

 

I FOR ONE AM SICK AND TIERD OF THE UNLAWFULL GOINGS ON.... Apparently "WITH OUR GOVERMENTS HELP" ! ..............

 

 

WHO appear to be "LOOKING ON" AND JUST HUMMING ...........SWEET DIXSY !

 

 

Thank god for CAG and all the CAGGERS who believe in justice for all , Amen xxxxxxxxxxxWB

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If we have a national deficit, how can we afford foreign aid?

 

Because when your cushy job at Downing Street comes to an end, you use your contacts to gain a position in the UN as an Ambassador.

 

This guarantees a top wage, kick backs, nice hotels, 3 lunches a day plus banquets in the evening & all at the expense of most of the UK.

 

Stigman

NEVER telephone a DCA

If a DCA rings you, refuse to go through the security questions & hang up!

 

If I have helped you, click on the star & say thank you

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Because when your cushy job at Downing Street comes to an end, you use your contacts to gain a position in the UN as an Ambassador.

 

This guarantees a top wage, kick backs, nice hotels, 3 lunches a day plus banquets in the evening & all at the expense of most of the UK.

 

Stigman

 

:madgrin:

 

It's becoming clear to those affected by the flooding how the water is managed. It really wasn't transparent and we see again how the truth is air brushed. Climate change experts want that 500 mil to sort our long term flood management needs. Overseas aid should become home aid.

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We are starting to see the admission of the changing status of National Insurance contributions. It was set up to fund the state pension and the NHS, unemployment contributions? We are guided to understand, maybe for some time, it's use has had a wider scope. Maybe there was a concern people's concept was the NI contributions were for a specific reason, and there were certain expectations from that. I suppose it won't be long before it's amalgamated with tax deductions so it can be justified to be used for general use.

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I have a friend who is a registrar. There was a marriage to take place which was reportied to immigration. The couple could clearly not communicate with each other. Immigration was contacted and they said they did not have anyone available to get to the venue and intervene. The marriage had to go ahead because there was no one in authority to intervene on what was clearly a questionable 'marriage'.

 

Water cannons? What are you expecting? Social discontent? I wonder why.

 

Mr Clegg asked if the Government have any clout with bankers bonuses. His reply IMO was a resounding No!

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  • 2 weeks later...

The Church shouldn't have to feel they need to consult MP's before they speak out for the electorate, as IDS has suggested this morning. The Clergy know more about what's happening at grass roots I believe.

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why do some people think it is funny to view your house just to pass the time, have they nothing better to do? :mad2:

R.I.P my beautiful grey ghost, gone but never forgotten, taken so suddenly, 04/07/2004 ~ ~ 02/03/2017

Gone but never forgotten,Little Miss Sunshine, Alisha Marie. 15/12/2005 ~ ~ 13/02/2006

Our  beloved Dalmatian Jazz,  gone to join Wal at Rainbow Bridge, hope you are now pain free .  20/9/2005 ~ ~ 24/3/2019

 

 

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no Determindator, we are trying for a house swap/exchange and of course you get people who want to view to make sure it is for them etc, well am sick of people coming and saying the want the house blah blah blah and you make arrangements to go view theirs but before that you never hear from them again! We call them " window shoppers" or Sunday afternoon people with nothing better to do!

R.I.P my beautiful grey ghost, gone but never forgotten, taken so suddenly, 04/07/2004 ~ ~ 02/03/2017

Gone but never forgotten,Little Miss Sunshine, Alisha Marie. 15/12/2005 ~ ~ 13/02/2006

Our  beloved Dalmatian Jazz,  gone to join Wal at Rainbow Bridge, hope you are now pain free .  20/9/2005 ~ ~ 24/3/2019

 

 

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Very frustrating for you and the family BC. Tell the authority you've got a problem with time wasters, maybe they can find a way to stop this, i.e the person viewing is obligated you can view their home. Hope you get the move you want soon.

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