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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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      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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    • 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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Hi,

 

Currently, a member of my family is sat on a broken down coach, which is supposed to have arrived at Heathrow. He has missed his flight, and will have to try and book one for tomorrow.

 

 

 

According to the conditions of carriage: http://www.nationalexpress.com/help-and-advice/about-us/conditions-of-carriage.aspx

 

 

4.10 (b) Other Forms of Transport: You must allow plenty of time for a service to arrive in time to connect with other forms of transport provided by other carriers on which you are planning to travel. Where such other form of transport involves air travel we recommend you allow at least 180 minutes between the scheduled coach arrival time and your flight departure time. Passengers who do not allow 180 minutes between coach arrival and flight departure do so at their own risk and National Express shall not be liable for any expense incurred as a result of any missed connection.

 

5.7 We have no liability for circumstances beyond our control: We shall have no liability for any delay or failure to carry you, or for breach of contract, where caused by a circumstance beyond our reasonable control. The following shall be considered to be circumstances beyond our reasonable control: war or threat of war, accidents causing delays on the service route, exceptional severe weather conditions, fire and/or damage at a station, compliance with requests of the police, customs or other government officials and security services, deaths and accidents on the road, vandalism and terrorism, unforeseen traffic delays, strike/industrial action, riot or local disturbance or unrest, problems caused by other customers, bankruptcy, insolvency or cessation of trade of any carrier used by us and other circumstances affecting passenger safety.

 

and

 

5.8 Our maximum liability to you: Our maximum liability to you for any reasonable and foreseeable loss, damage or liability (including but subject to the limitation set out in Clause 7.11 for loss or damage to your luggage) which you may suffer or incur as a result of our failure to carry you, our delay in carrying you, breach of our contract to carry you, our negligence in connection with carrying you, or the deliberate or negligent acts or omissions of any of our officers, employees, agents, representatives or sub-contractors, shall be limited to an aggregate of £1000.

 

 

He allowed 6 hours between scheduled arrival and the flight departure. Would a hotel room at Heathrow overnight be considered a reasonable and foreseeable loss?

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And price of the missed flight ticket IMHO

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Something to consider is that you are completely unaware if National Express have maintained that specific vehicle as per the manufactures instructions.

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Did s/he not have personal travel Ins which

also covered the coach journey?

 

 

Unlike rail & air travel, there is no compensation due for coach breakdown, other than what NE may offer, which I doubt will pay for replacement flight

 

 

Did they have any travel Ins?

How was each ticket paid for - Credit/Debit card?

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hang on they allowed 6 hours between arrival at the airport and departure flight time? the coach company say allow 180 minutes (3 hours) , OK now are you saying that no replacement/repair took place within that time of 6 hours if did still missed flight? strange at National Express if long delay usually produce another coach from wherever to continue journey, ?? travel insurance held here by the poster? seems strange such a long delay at roadside???

 

I always get told at on particular check in blimey you are early 6 hours before flight, same check in desk for years long haul, and I always state well I do not live around the corner and cannot dictate bus timings to airport!

:mad2::-x:jaw::sad:
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4 hours he left between arrival and flight departure... not the 6 hours he initially said.

 

He caught the 09:55 from Plymouth, due to arrive at Heathrow at 14:25 - plenty of time for his 18:40 flight. Ended up arriving at Heathrow at 2300 last night, and didn't bother getting a hotel, just slept on the floor of the airport. Had to rebook a flight, and was on a plane at 7am this morning.

 

He has got travel insurance, which I will go over with him when he gets back. It has an excess and a £500 limit though - so his preference is to claim back from NE if possible.

 

3 hours broken down, waiting for another coach to come. Then got stuck in traffic jams, then stopped for an hour somewhere, then roadworks so had to turn around to go another route.

 

But on the bright side, he got given a card on the coach saying "We're sorry, give us another try.... to claim your discount etc etc "

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Claim against Travel cover and if necessary NE should be possible. It should not take 3 hours for a replacement coach. Why could they have not asked people whether they had flights to catch and then if necessary get a local company to take people to airport or nearest rail station. There were steps NE could have taken.

We could do with some help from you.

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  • 3 weeks later...

I once nearly missed a flight due to the National Express coach not turning up, and ended up having to take a taxi to the airport (two other passengers were in the same situation so we split the fare three ways).

 

As soon as I got home I complained by snail mail to NE, pointing out the third of the taxi fare that I had had to pay.

 

I later realised I had complained to the wrong NE department so e-mailed the right one.

 

The first complaint led to them sending me vouchers to cover the money I'd spent, and in response to the second complaint they sent me a cheque!

 

So at least in my experience NE took complaints seriously and were willing to compensate the customer.

We could do with some help from you.

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