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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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Order for Possession - FORTHWITH


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Section 10 = tock the box for attached witness statement, then have a look at this guide http://www.consumeractiongroup.co.uk/forum/showthread.php?325527-CAG-guide-Are-you-facing-eviction-or-repossession you will see examples of how to set out a witness statement to go with an N244. Anything you are affixing to back up your statement should be given an Appendix number and referenced in the statement.

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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I'm confused Ell-enn,

 

Half the guides I read suggest ticking either 'the statement of case' or 'the evidence set out in the box below'.

 

Surely it's best to tick 'statement of case' - which is my defence - then write 'see documents attached' in the box below?

 

I don't have an awful lot to write as the documents I will be attaching are, in effect, my case.

 

 

Space Cadet UK:

 

The letting agent have told me they will not discuss my tenancy and that I should speak direct with the landlord - an offshore company with a mailbox address! The phone number I have been given is never answered. Judging by the fact I have had no contact with them in any form since signing the tenancy, they must have received my payments!

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Okay, well don't panic, if it is simple rent payments that are alleged to be missing, and you have concrete proof that you made these payments to the LL, then it will very easily be sorted out.

 

I see Ell-enn has responded regarding help with the N244 - she's absolutely fabulous with assisting people with that (I don't do paperwork), so make sure you follow her instructions properly.

 

You must make a set aside application - and not a stay application. The PO, according to you, should never have been made because you do not owe any rent.

 

I am always quite surprised when court clerks' give their opinions about legal issues - none of them are qualified to do so, and generally have no clue what is what. It is in no way, shape or form, unusual for a warrant of execution to be filed immediately following a forthwith possession order - in fact, it is the usual course of action, otherwise there is no point to a forthwith order. Don't worry about that though - it's largely irrelevant as your set aside application will automatically stay the warrant.

 

Your evidence should be reasonably straightforward. I think I listed the points in an earlier post. You did not receive the paperwork, you do not have rent arrears (provide the bank statements), and you believe the court would not have made the order it made if you had been present.

 

What area of the country are you in?

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I'm in the South East. From everything I have read and the opinions given today, this seems to be a no-brainer. I certainly hope the Judge sees it that way.

 

Can I please get some clarification though vis-a-vis Section 10. One Solicitor I spoke with today told me categorically NOT to tick 'witness statement' and to select 'statement of case', then attach my rebuttal and supporting documents as per your earlier advice Lea.

 

I really don't want to make a mistake and lose this appeal on a technicality.

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It's not an appeal - you are asking the judge to set aside the decision made on 7th May.

 

On the facts presented, the forthwith order would never have been made if you had been present at the hearing and if you had provided evidence that the rent had been paid. Your biggest issue is if they state that the payment details you have are not their details.

 

You require a witness statement.

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Oh, and to be on the safe side, you should include a request to the judge to suspend the warrant until your case has been heard...some courts will do this automatically, others will not, so to cover all the bases, make the request in your application.

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  • 1 month later...

Hi All, I have been going through the courts to gain possession of a room in a house from a non paying tennant, i had my court hearing yesterday and the defendant did not show up (he tried to adjourn hearing but his application was refused as he did not file a defence) anyway the judge gave me possession order and have received an "order for Possession Forthwith upon service of this order upon the defendant" does this mean i can start immediately to apply to the court for a baliff ? if so how long does this procedure take? Will the defendant be able to appeal and do you think he has any chance of success? any help appreciated.

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