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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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    • If you are buying a used car – you need to read this survival guide.
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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.  

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      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.

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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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Homeless Charity


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Hi,

There is this Homeless Charity services (they give used clothes, toys for homeless people ) that we have been using for years because we are homeless, but because we were moved out 2 years ago from our own borough, the staff of that charity ( because of personal reasons) decided that we do not meet the criteria ( we must live in the borough ) and they want to stop us from using their services and are asking us not to come any more. Note that there is another person who was asked the same thing, but she lives in the borough...I don't know the reasons behind this, but this can be purely because they don't feel like it.

 

The question is I want to challenge them and I am wondering what can I do.

I wrote to the one who claim to be the director ( I looked on the company house she is not ) and she categorically said that we are not anymore entitled.

 

I am trying to write to the trustees to raise this, also to the council if this works.

 

Do I have any ground to challenge them, the Charity Commission does not look like they can do anything.

 

Can I still go, and if they ask me to leave, what would happen if I don't ? Do they have the right to use force or call the police ?

 

Do they have the right to turn people away ?

 

I need some advise and the best way to deal with this issue. I feel bad, because it is not right to be treated this way.

 

Thanks

 

PS. in their website they state that they help homeless in the borough, but it does not stipulate that you have to live in the borough to get the services.

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I fyou go back and they tell you not to, they could call the police as you are trespassing on private property.

 

What do their terms state. If they state you must live in the area, and you dont, then sadly theres nothing you can do. Charities like this like to help local people.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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If you are not homeless in the Borough (as implied by your OP) the Charity can decline to support you.

Most Charities are experiencing a cash flow crisis, poss due to loss of local Council grant.

Who is the Charity and what is your location?

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Hi,

There is this Homeless Charity services (they give used clothes, toys for homeless people ) that we have been using for years because we are homeless, but because we were moved out 2 years ago from our own borough, the staff of that charity ( because of personal reasons) decided that we do not meet the criteria ( we must live in the borough )

 

Do they have the right to turn people away ?

 

I do not understand why they turned you away due to personal reasons, if you no longer reside within the borough that the Charity operates then they have the right to refuse you.

It seems to me that they have been more than accommodating in the past, but have now declined you not for personal reasons but because of budget constraints means that they must now solely concentrate on those residing within the borough.

 

I am a trustee of a Charity and our goal is for people within our locality.

 

I would suggest doing either an online search or go to Citizens Advice where you can be put in touch with a Charity in your Borough that you now reside in.

 

Stigman

NEVER telephone a DCA

If a DCA rings you, refuse to go through the security questions & hang up!

 

If I have helped you, click on the star & say thank you

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