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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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    • Hello,

      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.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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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Disabled Woman (74) harrassed by neighbour for being a Gypsy


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My wife of Romany descent, and a neighbour ex NF and BNP sympathiser. Too much evidence both photographic and written to place here. We are seeking a restraining order. Would some kind soul review our evidence, and help prepare a draft order for the court. We are pensioners and do not know where to turn. Many thanks.

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Before 30 September 2009, restraining orders could only be imposed in relation to defendants convicted of offences under the Protection from Harassment Act 1997 (PHA 1997). However PHA 1997 was amended by the Domestic Violence, Crime and Victims Act 2004 (DVCVA 2004) and any person convicted or acquitted of any criminal offence after 30 September 2009 can be made subject to a restraining order. It is up to the court whether such an order is imposed. The prosecution usually applies for the order if the circumstances of the case warrant it and the court will make such an order if considered necessary to protect a person from the defendant.

 

Andy

We could do with some help from you.

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Im not sure thats correct either.....have you actually reported this matter to the Police yet ?

We could do with some help from you.

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I agree have you made a complaint to the police on this matter of the neighbour, also reported if anti social behavior to the local council anti social team also if the neighbour is renting do you know there landlord if so report it to them.

 

It would be helpful if you could give us a timeline of events from start till now.

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  • 2 weeks later...

Yes we have had the police round and the landlord. Both have their hands tied in as much as we cannot prove racism. However we have witness statements and photos of the following. If you could imagine these points happening on a regular basis you will have some idea.

1. General Hostility

2. Personal abuse using racist words like 'Pikey'

3. Harassment of visitors to our cottage. We have five written statements including one from the Boss of an Asian Government Officer who came to see us, and was subjected to a torrent of abuse for parking next to our car.

4. Our car deliberately blocked in when loading, so we are unable to close the rear door. We have photos

5. Silly playground pranks like fencing our car in on a private car park with road cones.

6. Weed killer on the lawn and garden.

7. Malicious complaints about anything.

Face them up with it they deny it. This has been going on for the best part of three years.

 

 

kind regards to you all

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Hi DeRichleau

 

Sorry for asking more questions but just for clarity if you dont mind

 

1. Exactly how long has this been going on?

2. When did the Police get involved and when reported to the police did they get a Crime Reference Number?

3. Has the Police Community/Neighbourhood Officer been out and had a chat about these issues and what to do? (if not as the local Police Station to arrange a visit)

4. Keep a written record of every single incident no matter how smal. (See Below PDF)

5. Get you Local Councillor and MP involved. (contact them and let them know what is happening)

 

Every time an incident happens no matter how small report it to Police 101 unless an emergency, Local Councils Anti Social Behaviour Team and keep a record off it.

 

Other links of interest:

 

https://www.police.uk/crime-prevention-advice/anti-social-behaviour/

 

https://www.citizensadvice.org.uk/housing/problems-where-you-live/anti-social-behaviour-in-housing/

 

http://www.legislation.gov.uk/ukpga/2014/12/contents/enacted

Incident Log-with form fields -----.pdf

Edited by stu007

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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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Firstly, Thank you so much for your reply, and for you links.

To bring you up to date we have already followed your advice, kept a log used 101 etc.

The Police were unable to take action because we had no proof. However we now have photos and written testimony.

We phoned 101 on the last incident (the one against the Asian visitor) and were told by the Police there was simply no one available to deal with it. The perpetrators simply make malicious complaints against us if we call the Police, and try to bounce the complaint against us.

That said we will follow your further advice, take time to follow your links in detail and with CAG permission keep matters posted here in a non libellous way. My wife is looking at further spinal surgery so things can not carry on the way they are.

Thanks again for your and CAG support.

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  • 3 weeks later...

Hi

 

Just popping in to see how you are getting on with this?

 

Something else to look at:

 

Public Sector Equality Duty: https://www.equalityhumanrights.com/en/advice-and-guidance/public-sector-equality-duty

 

Human rights at home - Guidance for social housing providers: https://www.equalityhumanrights.com/en/publication-download/human-rights-home-guidance-social-housing-providers

 

Anti-social Behaviour, Crime and Policing Act 2014: http://www.legislation.gov.uk/ukpga/2014/12/contents/enacted

Edited by stu007

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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.

Please Donate button to the Consumer Action Group

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