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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.  
    • 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
    • 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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    • 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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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War pensions and armed forces compensation tribunal guide **Correct As At October 2022**


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WAR PENSIONS AND ARMED FORCES COMPENSATION TRIBUNAL GUIDE

 

1. Appeals

 

You can appeal to the War Pensions and Armed Forces Compensation Tribunal if your claim for a war pension or compensation was rejected.

 

The tribunal is independent of the Veterans Agency  and the Ministry of Defence.

 

There are different tribunals for Scotland and Northern Ireland.

 

Decisions the tribunal can make

 

The tribunal can make decisions about:

 

Ø your entitlement to a pension or compensation

Ø the amount of pension you get

Ø entitlement to extra allowances, eg for mobility needs

Ø pension start dates

Ø pension rates

Ø withheld pensions

 

The tribunal deals with appeals for the 2 pension schemes currently running:

 

Ø the War Pensions Scheme - for injuries caused by service before 6 April 2005

Ø Armed Forces Compensation Scheme - for injuries caused by service from 6 April 2005 onwards

 

How to appeal

 

You must appeal within 12 months of getting your pension decision letter.

 

1. Write a letter to the Veterans UK and ask them to reconsider their decision. Explain why you think the decision is wrong and give any information not included in your original claim.

 

2. The Veteran UK will look at your case again and write to you with their decision.

 

3. Contact the Veterans UK helpline to ask for an appeal form if you’re still unhappy with the decision. Fill in the form and send it back to them.

 

4. The Veterans UK will tell the tribunal that you’ve made an appeal and the tribunal will look at your case.

 

5. You’ll attend a tribunal hearing and the tribunal will decide your case.

 

Send the appeal form to the following address, or contact the Veterans UK if you need help.

 

Veterans UK

Norcross

Thornton Cleveleys

Lancashire

FY5 3WP

 

Veterans UK Helpline

0808 191 4218

 

Late appeals

 

In some cases you’ll be allowed to appeal after 12 months but you must explain why your appeal is late. You can’t appeal against any decision after 24 months.

 

2. After you Appeal

 

The tribunal will look at your case and ask for any further information if they need it.

 

The Veterans UK will send a response to your appeal to the tribunal. You’ll get a copy of their response. You can reply to it with a ‘written submission’, but you don’t have to.

 

You can also send any further evidence to support your case to the tribunal. Where you send your written submission and further evidence depends on where you live.

 

Prepare for the hearing

 

You can go to the hearing on your own or ask someone to help represent you. You can also call a witness to support your case.

 

Organisations that can help represent you include:

 

Ø Royal British Legion

Ø Royal Air Forces Association

Ø Combat Stress

Ø British Limbless Ex-ServiceMen’s Association

Ø National Gulf Veterans& Families Association

 

When you go to the tribunal hearing, take your appeal papers and the documents you’re using as evidence with you. You should give copies of any evidence to the tribunal before the tribunal hearing.

 

Tribunal panel

 

The tribunal is made up of:

 

Ø a judge

Ø a medical member

Ø a service member

 

What happens at the hearing

 

The judge, tribunal members, Service Personnel and Veterans Agency and your representative (if you have one) will ask you questions about your case.

 

The tribunal will then question any witnesses you’ve brought to the hearing.

 

Usually, the tribunal will tell you its decision on the day of the hearing.

 

Expenses

 

You might be able to claim expenses or compensation for:

 

Ø travel (only in the UK)

Ø living expenses for the time you’re away from home

Ø loss of earnings

 

4. If you lose your appeal

 

You can ask the tribunal for permission to appeal to a higher tribunal, called the Upper Tribunal, if you lose your appeal.

 

You must ask for permission to appeal within 6 weeks of getting the decision.

 

The Upper Tribunal will look at the case to see if the original decision was correct.

 

Reasons for appealing

 

You can only appeal if you think the decision was wrong for a legal reason, including if the tribunal didn’t:

 

Ø follow the right procedures - eg it didn’t tell you in time about the hearing

Ø give proper reasons for its decision, or back up the decision with facts

Ø apply the law properly

 

Before appealing, ask the original tribunal for the written statement of reasons for its decision.

 

READ MORE HERE:

WWW.GOV.UK

War Pensions and Armed Forces Compensation Tribunal - appeal a war pension decision, deadline, how to appeal, hearing.

 

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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

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