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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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DVLA fine for no tax but did not get V5C till after tax had expired!


Myfamily
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Hello all,

 

I have a difficult problem I think. I bought a bike from e-bay in Jan 2013 and after waiting about 4 weeks I had not received the new V5C for it. I had the current tax disc which was to expire on 31 March.

 

I called the DVLA to tell them I did not have the V5C yet and asked if the new keeper part had been sent to them byt the previous owner, they confirmed that it had not.

 

I asked what to do, they said print a form from their website and fill it in and send them the small green part that we had been gievn by the previous owner, they would then issue a V5C.

 

So I did this, but I put the wrong chassi number on the form (i have never owned a bike before and didn't know where it was!) so I got a letter back saying the chassis number was wrong and to find the correct one. This took a bit of time as I did not have a manual for the bike, so tried to find the info online, couldn't find it.

 

Called the DVLA when the tax was about to expire and advised that I was having problem finding the chassis number on the bike, they suggested taking the bike to a garage so they could find it but the battery was dead and I had no way of transporting it. I explained to them that the tax was about to expire but the bike is in my back garden not on the road and not running at the moment due to dead battery! They said not to worry about that I just need to get the V5C sorted out and I could tax it after that.

 

So I had an idea, I lloked on the number plate and it had a garage name (probably where it was orignally purchased from) called them and they were very helpfull and described to me where the chassis number is. sent the info to the DVLA around mid April (I know this seems like a long time butI have been extremely stressed and busy!)

 

Anyway I got the V5C approx a week and a half ago, and then on Monday this week I receievd a fine from the DVLA for no tax or sorn - £40 to pay by 4 July or £80 after and to pay the outstanding tax which isn't much.

 

But I do not feel that this should be MY fine, it should be the previous owner, had he sent the form off to the DVLA then I would have had the new keeper V5C back in time and taxed it straight away - also I was TOLD by the DVLA not to wrry about it till I had the bike registered in my name!

 

Any advise please??

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Hi Conniff,

 

Not really, if you look at my other recent thread then you might understand why I haven't made this a high priority! but I was also told by the DVLA when I called them and explained that I was having trouble finding the chassis number, that i didn't need to worry about the tax untill it was registered to me.

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There seems to be a lot of excuses in there of why you didn't make a priority of this.

 

Sorry Myfamily but I have to agree with Conniff. There is a lot of excuses as to why this didn't get done in the 2 months+ you had to do it.

 

You won't be able to prove what was said on the phone so I would just pay up and lesson learned.

 

I would have also typed into Google: 'Where is the chassis number on my moorbike'

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I have noticed as well as the fine you have been asked to pay outstanding tax. I think this is why you have been fine even though the DVLA said you would be ok. In the past I have purchased my tax late and always been asked if I am backdating to expiry of last disc. That is usualy within a week or two. I think because you case is months, then you could only pay back to start of month of purchase and you have been fined for the missing month or two.

 

Also, if the bike was in your garden and not being used, why did you not just request the DVLA sorn it until the tax issue was sorted?

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  • 3 weeks later...

None of us are here to criticise anyone, so forgive me if that's how this comes across.In your initial post you said you put the wrong chassis number on the form because you didn't know where it was. Where did you get the number from?I'm surprised you weren't told to just apply for a Registration Document in your own name. It costs around £20, you send it off to DVLA, they contact the previous owner to confirm they no longer have the vehicle and you get one back in your own name.Don't rely on DVLA, or anyone for that matter, to confirm something in writing that has been said over the phone.Best to just pay the fine/charge.RegardsSignaller

PS: If you had the green slip from the previous owner, you could have used that to tax the bike. You wouldn't have had to pay the £20 (ish) and you would still have got a V5 in your name!!!

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Hi Signaller,

 

The first number that I put on the form I found under the seat where the battery was (not on the battery, but on the bike) it seemed to fit in the number of characters needed. DVLA got back to me asking for the chassis number so I assumed the number I had given them before must have been wrong.

 

The form that I completed was a V62 which is the application for a vehicle registation certificate which normally costs £25 but there is no fee in some circumstances, the form states "If you are the new keeper and the previous keeper failed to tell us

about the change, you must have the New keeper’s details section (V5C/2) from the V5C and send it to us with this application form"

 

And this is excatly what I did after waiting initially for about 4-5 weeks and then ringing the DVLA who advised me to fill in the above form etc.

 

I did have the green slip and sent it off with the form, but when I rang near the end of March after getting the letter asking for the correct chassis number and I advised them that the tax was about to run out and that there was a mix up over the chassis number, I was advised "not to worry about the tax!"

 

What am I supposed to do when I was just following advise, I always kept in contact to try and get it sorted out but they couldn't tell me where to find the right number and other circumtances at home were stressfull enough! .

 

Anyway - they have had my letter of appeal for about a week and half now, so will hopefuly here from them soon, I advised them also to check with the person I was dealing with regarding the new registration and issues with the chassis number, so when I hear back from them I'll update you.

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Hi Surfer,

 

I'm already too late! mis-read the letter it was 2nd July not 4th.

 

I suppose I'll have to wait then to see what they say!

 

While you are here, I wonder if you can help me? On my other thread re First Plus, I am looking for the firstplus complaints group, their website is now gone but I remember that they said they had created a facebook page but I cannot find it.

I believe you were a member there too, do you know what the group is called?

 

Thanks

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Hi Surfer,

 

I'm already too late! mis-read the letter it was 2nd July not 4th.

 

I suppose I'll have to wait then to see what they say!

 

While you are here, I wonder if you can help me? On my other thread re First Plus, I am looking for the firstplus complaints group, their website is now gone but I remember that they said they had created a facebook page but I cannot find it.

I believe you were a member there too, do you know what the group is called?

 

Thanks

No idea. It seemed to die a slow death as hardly any posts in several months.

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