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    • Better version attached with the late appeal explained more clearly for the judge. This will sound silly, but I think it would be a good idea to e-mail it to the court and UKPC on Sunday.  It's probably me being daft, but Sunday is still March, and as it's late, sending it in March rather than April will make it sound like it was less late than it really is.  if you get my drift. You can still pop in a paper version on Tuesday if you want. E-mail address for the court: [email protected] And for UKPC: [email protected]   [email protected] Defendant WS.pdf
    • 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.  
    • 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
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      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.

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    • 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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My main current account and savings accounts are with RBS. Never gone overdrawn or done anything wrong, been a perfect customer. One day out of nowhere a letter from them tells me that they're terminating the banking facilities following a review and I have 60 days to make alternative banking arrangements. This is a huge problem for me, I know some of you are just going to say move to another bank but it really isn't that simple. This is the response I received from Customer Relations after filing a complaint asking why this decision had been made, offering to make any changes to accomodate to allow me to continue banking and informing that if this is based on discrimination then it will be referred to the FSA and FOS;

"Thank you for your patience while I have been investigating your complaint emailed to my colleague. Leigh no longer works in this department and forwarded your email to us to be investigated and replied to.

In reply to your complaint regarding the difficulties that you have experienced concerning the block placed on your access to digital banking and bank accounts with us and the subsequent closure of your accounts. I regret that I have very little to add to the Bank’s previous correspondence. I am permitted to confirm that the Bank was required to comply with its statutory obligations, which resulted in a block being applied to your accounts and digital banking access. Regrettably, the statutory obligations also mean that the Bank is unable to discuss the specific details in these circumstances.

Additionally, and in reference to the imminent closure of your accounts, the Bank’s Terms and Conditions state,

‘We can close your account immediately if:

(a) we reasonably suspect that you have given us false information; or

(b) we reasonably suspect that your account is being used for an illegal purpose; or

© you behave in a threatening or violent manner towards our staff; or

(d) you were not entitled to open your account.

We can also close your account on giving you notice as set out below:

(a) where your account is a Payment Account, we will give you not less than 60 days’ prior notice; or

(b) where your account is a Non-payment Account, other than an account of fixed duration (such as a bond), we will give you not less than 60 days’ prior notice or such period of notice as you would have to give us in order to close your account (or to close it without paying a charge or suffering a loss of interest), whichever is longer.’

If you have an account of fixed duration (such as a bond), we can only close your account under General Condition 7.1.1.

The Bank is under no legal obligation to disclose the reasoning behind our decision in this regard.

I sympathise greatly with your situation and do not doubt the strength of your feelings. Whilst I am truly sorry that this matter has caused you a great deal of distress and inconvenience, in consideration of the facts within your case, and our statutory obligation, I regret that I am unable to provide you with the clarification you seek or overturn the Bank’s decision to date.

I am sorry to have to write to you in such disappointing terms. However, I hope that, on reflection, you will feel able to accept my conclusion of your complaint on this occasion. "

I think they think I'm breaking some of the terms and conditions but won't allow me to appeal or prove otherwise. I've offered to make any changes or provide anything they require to resolve this but they're not discussing anything. I think they do have the right to make this decision but I must hold on to these accounts.

Please help me keep my bank!

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