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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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      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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Vet put down dog without owners consent, now chasing for money


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Hi All,

 

A friend of ours is in a huge amount of debt from her marriage, where her husband built up this debt, cheated on her and was also very abusive. Our friend had no choice but to go into a refuge with their 2yr old son.

 

Whilst in the refuge, her husband didn't give her dog the medication that it needed and it became ill. the husband took the dog to the vets in the morning, but the vet put the dog to sleep in the afternoon. The dog belonged solely to our friend, not the husband. The vet did not call our friend on her mobile phone to speak with, as the dog's owner), they were happy to speak with her estranged husband. The vets have sent our friend the bill and asked her to solely pay it as the sole vet account holder and dog owner.

 

She wants to know if they can do that? Someone takes the dog in ( who the vet knows) and destroy it without t=contacting the owner and also without checking that the vet account holder is happy to accept the charge for this treatment?

 

many thanks in advance

 

E5D

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Suggest your friend writes a letter of complaint to the senior Vet at the practice and suggests that this needs to be considered as part of the official complaints process, so it can be escalated to the relevant professional body as necessary.

 

Your friend did not authorise any treatment and therefore cannot be liable for it. Simply being the account holder at the Vets is not enough as no authorisation was provided.

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I'm no expert and what I'm about to say doesn't make sense to me, but a friend of mine took his dog (very old dog 18 yo) for a jab and was going to collect late afternoon.

Got a message on answer machine an hour later saying that they had to put the dog down because of complications.

He couldn't answer the phone and only heard the message around 5pm.

By that time they had put his dog to sleep.

He contacted a dog charity and they said that if the dog is suffering it is the vet duty to put it to sleep even without owner consent.

They can also charge a fee for this, however many do not do because they understand the heartbreak.

Again, I don't know how legal it is but the charity was independent and had no contact with the vet, so my friend took it for good.

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Every separate 'course of treatment' is a separate contract and your friend never contracted for this. She may own the dog, she may be the person who normally takes it to the vet but if the husband took it in without her authorisation then the husband became the client for that visit, not her.

 

http://www.rcvs.org.uk/advice-and-guidance/code-of-professional-conduct-for-veterinary-surgeons/supporting-guidance/communication-and-consent/

 

The first paragraph is pretty clear

Informed consent

 

11.1 Informed consent, which is an essential part of any contract, can only be given by a client who has had the opportunity to consider a range of reasonable treatment options, with associated fee estimates, and had the significance and main risks explained to them.

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