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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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Is it legal, for council run car parks, to lease some of their bays?


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Is it legal, for council run car parks, to lease some of their bays?

 

I have been using a particular car park; 30 years plus. It has six levels. First level has a row of bays painted pink [nice] for 'Handicapped' & 'Parents with children.' All the other bays are painted blue. Rightly or, wrongly, this colour has been considered for the use of all others

 

It is a pay & display.

 

It was busy. I drove up to the fifth level. All the bays were blue. It was 80 per cent full.

Saw a bay and reversed in. Bought a ticket - onto windscreen.

 

When I returned, there was a PCN on the window for not displaying a ticket.

Found the parking office and entered.

 

 

Within were 3 parking attendants munching happily.

I was angry.

 

 

A Team leader joined me.

Went up to my car.

Pointed out my ticket.

 

 

He then alleged that I had placed it there after I had received the PCN.

Got more angry.

 

 

He said it had been issued by the Team Manager and he would have taken photos.

He began to raise him on the radio.

 

 

Whilst he was doing that, I spotted a 12" by 12" plaque saying one was not allowed to be parked in these bays

- even if 'one' had a ticket.

[Leased out to : Clinical Commissioning Group [CCG] {NHS}

 

 

My research reveals they receive from the government

i.e. 'us' two thirds of a 73 billion pound budget. Nice, again.

 

Bear in mind - not even the Team Leader knew any of this.

 

Also,

other than the plaques being small, their positioning is suspect:

The first one was blocked by my near side exterior mirror.

 

 

The second, on the rear wall, was invisible to me as it was lower than my rear view mirror,

and finally,

the third one was out of sight as it was on the other side of the car parked next to mine.

 

Of course, I am challenging the PCN. [inadequate signage]

Has what has occurred - legal??

Edited by aldeota
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What's NHS funding, or people eating, got to do with you not seeing the signs when you parked? By all means ask here for advice, but if you're planning to appeal, you'll need to drop the silly attitude or you'll be wasting your time.

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Wow : winning attitude.

 

Jamberson has helped loads of people, giving their time freely, and are under absolutely no obligation to answer you!

 

They don't deserve such a response.

 

Since the NHS is the largest employer in Great Britain : if you are saying you don't like NHS employees ; most people will know or be related to someone who works for the NHS.

 

You realise you are likely to alienate potential respondents?

and when they see how you've responded to Jamberson they may just move on to a different thread ......

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there are 3 ways of approaching this PCN that should see it cancelled.

I'm sure someone will explain the to you when you calm down.

 

I'd got (at least) 2 different grounds of appeal, but the need to use the correct one for the (at least) 2 sets of circumstances.

Mind you, I'm not as expert for this as Jamberson ......

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You must be some fat guy who works for the NHS. Just answer my question - busy cagger

 

Yes, it's legal.

 

If I did work for the NHS, I would prescribe you some glasses so you can see the signs which helpfully explain that you're not allowed to park there. I know it's complicated...

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I posted my query, hoping that I would receive some intelligent advice from users within CAG. I rarely use CAG [now I'm thinking - thank ****] What did I receive? - a bunch of old hens responding from darkened rooms, from God knows where. So, let us/me examine the 'Hens.' There are three; so far. Possibly, after this, more may join them. One of them posts 6.58 'posts' a day [gold] The other 1.76 a day [silver] and bronze 1.56 A DAY! Any reasonable person may consider this: "Should they get a life?"

 

As to receiving advice from the three oracles = I'm silly. I have a winning attitude and, I need glasses. This is my last post; as it has been completely fruitless.

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I posted my query, hoping that I would receive some intelligent advice from users within CAG. I rarely use CAG [now I'm thinking - thank ****] What did I receive? - a bunch of old hens responding from darkened rooms, from God knows where. So, let us/me examine the 'Hens.' There are three; so far. Possibly, after this, more may join them. One of them posts 6.58 'posts' a day [gold] The other 1.76 a day [silver] and bronze 1.56 A DAY! Any reasonable person may consider this: "Should they get a life?"

 

As to receiving advice from the three oracles = I'm silly. I have a winning attitude and, I need glasses. This is my last post; as it has been completely fruitless.

 

"Fruitless", as a result only of your attitude.

This is a self-help site, and you've woefully failed to help yourself.

 

So, I average 1.56 posts per day?. So what??. What does that mean, other than its a statistic, and an average at that.

 

Most of those 1.56 per day help people.

Some expose idiots for their idiocy. They may not help the idiots (because they seldom have enough insight to realise they have been an idiot and wind their neck in), but even those posts certainly might help others who can learn from them.

Mostly they'd learn "behave like an ungrateful child, demanding answers and being rude to one of the forum experts, and you'll be less likely to get help ......."

 

The help was available to you, you just behaved in such a way those who could be bothered to respond didn't feel inclined to help. Who knows how many other saw your posts and thought "no point in even bothering with them!".

 

So, was that your last post. I'm devastated, as you can no doubt tell. Good riddance.

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Why does he think we sit in dark rooms? I have windows in my house, believe it or not!

 

He complains he hasn't had enough advice then complains that we give out too much advice!

 

He worries about the colour of the paint on car park floors!

 

The guy has issues, and no mistake.

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I'm glad I wasnt one of the people working there who had to receive the hair dryer treatment from him. I am no fan of what used to be called traffic wardens but they are doing a job they are instructed to do for a low wage and with sack fulls of stress. He might well have got the thing cancelled after a polite word to get them to make notes in their notebooks so when he contacted the council over this they could have used a bit of discretion. It does work sometimes.

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I think we've lost the OP, he hasn't posted since 14th May.

 

HB

 

Which is what happens when they don't actually want advice when they ask for advice, but really only want "validation" of their pre-set view.

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