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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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    • 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.

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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.
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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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Planning issue


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I noticed some building work taking place in the garden of the house that backs onto the bottom of my garden

thought nothing of it at the time, and assumed it was an extension.

 

Gradually it got bigger and bigger and I realized it was a new house, in-between two old ones.

 

I checked the council planning website and read all the documents and plans that had been uploaded.

 

Not one of them mentioned any impact to my house or my neighbours,

even though it’s being built directly in front of us and we can see straight through the windows.

Only their direct neighbours were detailed and told about it.

Is that normal?

 

Also,

the street plans used to approve this building had my house erased from it (it was built about 7 years ago).

I suspect this is either incompetence or done purposely to get approval.

 

 

Surely councils and planning departments use up to date documents when making plans?

If they surveyed the area, how could they have missed an extra house?

 

Is there anything I can do since it is nearly finished?

I emailed the council last month and have had no reply.

I am not against new builds; it just feels a bit underhand.

 

Thanks

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How do you know your Property was granted Planning Permission?

Have you accessed Land Registry for Deeds/site plan?

Normally only imm adjacent (L&R) neighbours can contest.

 

Because the council planning website said it was approved,

but as I said it was approved even though they used old/edited documents.

 

Would I find anything different from the Land Registry?

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Get planning permission to erect a 30 foot fence at the bottom of your garden or failing that plant conifers.... They grow and you dont need planning permission.

There is more than one way to skin a cat.

 

Thinking about it conifers would be good. Depending on orientation of the new build, they could be in shadow most of the day... Reduced light, garden in shadow, moss grows, always cold as no direct sunlight etc etc

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A problem that sometimes occurs with new developments is that Japanese Knotweed gets imported in topsoil and once it is there no insurer will touch the place and if the idea is that they are selling that house then they could be left with a white elephant. Obviously any sign of Japansese Knotweed should be reported to the council as an environmental problem as soon as you think you have seen it and they will have to get experts in to remove it at great expense. Easter time will be when it starts to rear its ugly head, the same time as estate agents come out of hibernation.

Then plant your trees if the sun movement permits

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... or failing that plant conifers.... They grow and you dont need planning permission.

 

 

Thinking about it conifers would be good. Depending on orientation of the new build, they could be in shadow most of the day... Reduced light, garden in shadow, moss grows, always cold as no direct sunlight etc etc

 

Although since 2003 there are legal powers that can be used to compel you to keep your conifer hedge below a certain height if it is restricting light to a neighbour's garden excessively

 

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/9408/hedgeheight.pdf

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but other plants hate the acid soil they create and they also suck up moisture. Also, when is a hedge not a hedge and just trees? if the frontage is big enough then you can space out the trees behind a 6 foot fence so they arent covered by the law but have the necessary effect as the spacing is measured at above ground level, not in the canopy.

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Although since 2003 there are legal powers that can be used to compel you to keep your conifer hedge below a certain height if it is restricting light to a neighbour's garden excessively

 

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/9408/hedgeheight.pdf

 

 

Plant trees then.

Simple

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I think much of the advice being given to greyhat is spiteful and vindictive. If a family buys this new house why they should they suffer all the things suggested on here just because greyhat didn't know it had planning permission? That's not their fault! Why is it good advice that innocent purchasers should suffer "Reduced light, garden in shadow, moss grows, always cold as no direct sunlight etc etc", their soil acidified and the moisture sucked out of it?

 

If someone actually did all those things and the new owners came here asking for advice would you tell them tough luck, it was their own fault for buying the house?

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my comments were not meant to cause harm to the purchaser but to make the place unsellable in the first place so the developer ends up with a white elephant as said.

Indeed caveat emptor with a new house, that is why you pay someone money to look into these things.

If the govt wnats to lok at legislation regarding garden grabber carpetbaggers then no-one will be sorry but until then....

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