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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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bought a car saturday afternoon no tax supplyed are you able to drive it around?


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when i bought my car from a dealer they said they do not tax vechicles they sell. this was on a saturday afternoon so i could only tax it on monday, i had the rest of my particulars, insurance etc was i still legal to drive? i have been unable to find out any were else.

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No.

 

You can't put a car on the public highway unless it is taxed.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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not having car tax is NOT a criminal offence it is a civil offence. afaik no post office opens past 12.30 on a saturday and it is the customers responsibility to make sure all the documentation is in order before the vehicle is used on the public highway un less it is a brand new vehicle

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Guest 10110001
not having car tax is NOT a criminal offence it is a civil offence.

 

The police say they don't get involved in civil matters.

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not having car tax is NOT a criminal offence it is a civil offence.

 

There are two distinct offences

 

No VED is a civil offence and is pursued by DVLA.

 

Failure to display VED (regardless of whether you have a disk or not) is a criminal offence and is dealt with by the Police - usually £30 non-endorsement FPN.

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NOT having your car taxed, when on a public highway, also invalidates your insurance...;)

 

Was there NO P.O. open in Brum on a Sat afternoon??...:confused:

 

 

i had to collect the car from wednesbury at bout 4pm by the time back in brum all is closed

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not having car tax is NOT a criminal offence it is a civil offence. afaik no post office opens past 12.30 on a saturday and it is the customers responsibility to make sure all the documentation is in order before the vehicle is used on the public highway un less it is a brand new vehicle

 

 

2001 car so obviously not brand new, i was'nt coverd then

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As far as I know, dealers are not allowed to release the car without all the legal documentation. I bought one several years ago and the dealer took me to the PO for a tax disc for the reason stated.

 

 

 

can any body be sure about this because i might use this in my defence in a on going issue i have with them, need to be sure though:rolleyes:

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Ive bought a number of cars from dealers and they sometimes dont have tax.

 

The reality of the situiation is you run the risk of a FPN for No VEL but thats the risk you take. It certainly doesnt invalidate your insurance.

7 actions in progress

 

amount refunded so far £6500

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can any body be sure about this because i might use this in my defence in a on going issue i have with them, need to be sure though:rolleyes:

 

I have been a second hand car dealer for nearly thirty years now and I have never heard anything like that before. As soon as you, the customer hand the money over the vehicle becomes your property and your responsibility. Liability for a RFL lies with you. In fact I always put the time of day by the date on the invoice so I get no nasty surprises in the post. What I sometimes do if the customer has off road parking at home is to run the vehicle home for them on trade plates and the rest is up to them. There are some post offices that are open Saturday afternoons for road tax, we have one locally that is open till 6pm Monday to Saturday. You should have left the car at the dealers and returned for it when you had the road tax. Many dealers will not tax a car for customers simply because more often than not the customer hasn't changed his insurance and they want the dealer to use his trade policy, but then we never can be sure that the customer will actually insure the car. Every vehicle I send to auction has no road tax (any outstanding I always apply for a refund) some have no MoT some have no logbook some might have no paperwork at all, so to say dealers cannot sell a car without all it's documentation I would suggest is ridiculous.

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No.

 

You can't put a car on the public highway unless it is taxed.

 

Unless travelling to/from a pre-arranged MOT appointment or for repair work after failing an MOT, or to comply with the instruction of a police officer (if I recall correctly).

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I have been a second hand car dealer for nearly thirty years now and I have never heard anything like that before. As soon as you, the customer hand the money over the vehicle becomes your property and your responsibility. Liability for a RFL lies with you. In fact I always put the time of day by the date on the invoice so I get no nasty surprises in the post. What I sometimes do if the customer has off road parking at home is to run the vehicle home for them on trade plates and the rest is up to them. There are some post offices that are open Saturday afternoons for road tax, we have one locally that is open till 6pm Monday to Saturday. You should have left the car at the dealers and returned for it when you had the road tax. Many dealers will not tax a car for customers simply because more often than not the customer hasn't changed his insurance and they want the dealer to use his trade policy, but then we never can be sure that the customer will actually insure the car. Every vehicle I send to auction has no road tax (any outstanding I always apply for a refund) some have no MoT some have no logbook some might have no paperwork at all, so to say dealers cannot sell a car without all it's documentation I would suggest is ridiculous.

 

Indeed, well said. One question though - dealers taxing cars (using their trade policy) is commonplace. Your bit about "can never be sure the customer will insure the car" - do you say that purely from a sense of community, or is there some kind of obligation upon you?

 

With the advent of ASKMID it is quite easy to put insurance in place and then be able to tax the vehicle (online if necessary) - though the system can take a little while to be updated.

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Hi, myself and many dealers that I know are reluctant to tax cars using the trade policy because we take road insurance very seriously. It is as you say due to a sense of community, not obligation. I have read of too many horror stories involving uninsured motorists. Personally I feel that the punishment for such offences makes it sometimes more attractive for the car owner to take a chance and have no insurance.

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Hi, myself and many dealers that I know are reluctant to tax cars using the trade policy because we take road insurance very seriously. It is as you say due to a sense of community, not obligation. I have read of too many horror stories involving uninsured motorists. Personally I feel that the punishment for such offences makes it sometimes more attractive for the car owner to take a chance and have no insurance.

 

Take my hat off to you Sir, I respect that.

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Last time I bought a car from a dealer my insurance company faxed a cover note to them with the registration number of the car I was buying - when I picked up the car it was taxed ( I had to pay for it beforehand).

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i was given 7 days free days insurance cover which i did use to tax the vehicle so that was not a problem. my point is i was told by the dealer i would be fine over the weekend & not to worrie, i'd be fine if i explaind i just bought the car and was unable to tax it yet. im getting the picture that this was not true and the car should of been taxed befor driven and if caught i would of been liable.

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I would suggest that the dealer gave bad advice. Having just purchased a car is no defence for having no road tax. You would be liable if pulled up by the police. Obviously some police officers are understanding and would let you on your way, however most would report you to the DVLA.

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As far as I know, dealers are not allowed to release the car without all the legal documentation. I bought one several years ago and the dealer took me to the PO for a tax disc for the reason stated.

 

The above was a small dealer (had less than 30 cars). Other cars I have bought (or attended at the purchase), have been from a variety of main and small dealers. All were old cars and all insisted a valid insurance certificate was produced (usually faxed to them by insurance company) and tax disc before leaving their premises. Apart from the dealer who took me to the PO, all the others added the tax disc fee to my purchase then collected the tax disc themselves.

 

Having experienced the above on over 10 occasions (in different City/Towns) I assumed it was compulsory. Maybe, it is just "good practice".

 

Failure to display a tax disc is a criminal offence. It can be argued that handing over the keys to a car that is known to be untaxed is "aiding & abetting" a crime. I have no idea if the police would try (or have tried) prosecutions on dealers. I would say dealers are taking risks though as they are a key group of people who can limit car tax evasion. If some-one drove uninsured from a garage and had a accident involving fatalities, then the police would probably throw the book at anyone they could.

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Failure to display a tax disc is a criminal offence. It can be argued that handing over the keys to a car that is known to be untaxed is "aiding & abetting" a crime. I have no idea if the police would try (or have tried) prosecutions on dealers. I would say dealers are taking risks though as they are a key group of people who can limit car tax evasion. If some-one drove uninsured from a garage and had a accident involving fatalities, then the police would probably throw the book at anyone they could.

 

I disagree. Firstly no road tax is not a criminal offence. If the police stop you they do not prosecute but send the details to the DVLA who themselves take you to court.

Handing over keys to a vehicle without road tax cannot be seen as aiding and abetting, because maybe the vehicle isn't actually going to be used on the road. I have sold cars that are going to be exported, or are going into a private collection and will never be used on the UK roads again. I have sold vehicles to people who don't have a driving licence, the car is a birthday or christmas present for somebody else. It has been up to those individuals to employ a driver to move the car. It is not my responsibility what somebody does with an item once I have sold it to them. If they choose themselves to break the law I cannot see how I could be held responsible. I have on occasions advised buyers to leave the car where it is and come back when they have road tax, some do whilst others laugh and go on their merry way. I would say that my only responsibility with the vehicle lies with the roadworthyness of it.

I would bring up my point again about the vehicles I send to auction each week. If it was illegal then BCA would be out of business next week.

Many a time I have come out from a car auction and have seen the police sitting at the side of the road waiting to pick up private people coming out in newly purchased cars, ready to pounce for no MoT insurance etc. and the only person they prosecute is the man or woman sitting in the driver's seat.

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Firstly no road tax is not a criminal offence.

 

Correct, but failing to display road tax is a criminal offence

 

Handing over keys to a vehicle without road tax cannot be seen as aiding and abetting, because maybe the vehicle isn't actually going to be used on the road... It is not my responsibility what somebody does with an item once I have sold it to them. If they choose themselves to break the law I cannot see how I could be held responsible.

 

Agreed. The responsibility would be completely of the person driving the vehicle.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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Hi Guys

Been in the car trade all my life and the main reason i would not tax a car with my trade policy is because the car would then be put in my name so if a car needs taxed then its up to the buyer to tax car Some car dealers will tell you whatever just to get the sale

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