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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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    • 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.

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      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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Wrong Account Paid


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I've inadvertently paid £5,000 to an account from my online bank account.

 

I was rather stressed and assumed the payment details I'd already set up were correct. However when the payment didn't show up on my credit card statement I then double checked and realised the wrong account had been used.

 

The tricky thing is that the account I paid into belonged to my daughter. I'm not sure if the account is still valid as she has now had some sort of debt repayment order which may or may not have included this card.

 

I'm abroad on holiday and won't be back until next week and although I have my phone with me I can't get a signal to make calls.

 

What is the best thing to do? Contact my bank to see if they can reverse it or contact the credit card company? Both accounts are MBNA which is how the mix up happened.

 

I'm not sure if there was any outstanding debt on my daughter's account but, if so, can they keep it to pay off any debt owed even though she has this order arranged.

 

I'm vague about what the arrangement she has although it was done through a third party debt help company which lumped all her debt together and she now pays a monthly sum to them. I don't want to get my daughter involved if possible because she's not very reliable.

 

If I lose this money I will not be able to pay my debt as I have very limited income.

 

Any advice would be great before I try and sort this out. Please ask if you need any further clarification.

 

Many thanks in advance.

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One problem here is that the receiving bank is your daughters bank and not use so they will refuse to deal with you.

 

You should certainly contact your bank immediately. You should do it on the phone if you can and make sure you record the call but also follow-up in writing.

 

Your daughter should contact her bank and explain the error. Once again she should do this on the phone immediately but also in writing. I would suggest that she basically sends a letter of appropriation. This is normally used to protect certain priority payments but I don't see why it shouldn't be used to protect money which has been paid in error.

 

A letter appropriation would be headed "Letter of Appropriation" and then go on to say that this is to inform the bank that X number of pounds paid into her account on X date was paid in by her mother in error and that the funds do not belong to her and they must be returned and not applied to any debts or payments.

 

You need to do all this now. I'm sorry that you are on holiday frankly if you have made this mistake then if you delay then it will cause you problems.

 

When you get back from holiday come back here and we'll see if we can help you further if the bank turns out to be uncooperative – which it probably will.

 

I think the letter of appropriation is extremely important because that will make things clear beyond doubt. If they then go on to ignore that then I think you have a basis for an effective complaint.

 

Although you are abroad, you need to get these letters off to the two banks by guaranteed next day delivery – even though that will cost you quite a lot of money

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You are right. I am trying to sort it out.

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