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    • 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
    • Please provide advice on the following situation: I rented out my property to four students for 16 months until March 2024. Initially, the property was in very good condition, but now it needs extensive renovation. This includes redoing the bathroom, replacing the kitchen, removing wallpaper, and redecorating due to significant mould growth. The tenants also left their furniture on the grass, which is owned by the local authority. As a landlord, I've met all legal requirements. It seems the damage was caused by poor ventilation—windows were always closed, and heating wasn't used. There was also a bathroom leak fixed by reapplying silicone. I tried to claim insurance, but it was denied, citing tenant behaviour as the cause by looking at the photos, which isn't covered. The deposit barely covers the repair costs, or else I'll have to pursue money claims, which I've never done before and am unsure about its legal complications or costs. Any thoughts on this?
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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.
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Parcel2Go - Detailed Particulars of Claim


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Hi,

 

Parcel2Go lost my 4 dining chairs. They refused to refund of the value of £180.00 of chairs because I did not buy insurance cover.

 

I have taken them to Small Claims Court. Apparently, they defended against all claims and so, we are in the process of me sending back the DQ and waiting for mediation.

 

As I did not send a detailed particulars of claim to them and would like to change my mind to do that at this stage. Does anyone know the procedure etc.?

 

Thank you.

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Well done for bothering to bring a claim against these people. It needs to happen more often. You pay them to do a job and then when they don't do it they want more money to compensate for their breach. Completely unfair.

 

We will be very pleased to help you.

 

Please can you post up your claim form in PDF format. I suppose they have given you a 32 page defence so it's really too much to post up but if you are able to provide a summary that will be very helpful.

 

Why have you opted for mediation? It's completely useless in the circumstances.

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I have not sent out my confirmation of going for mediation as I know it will be useless. If I do, that is just to give the judge a good impression.

 

Will it be too late to send a detailed particulars of claim to the defendant and court at this stage as I opted for NOT in the first place? I don't think my brief POC is good enough. What is the procedure or form to filled in?

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Please will you post up the document which I have already requested in PDF format

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Oh forgot to reply. I am lucky to just receive the defence of 6 pages with all contract terms and conditions of 6.4 & 6.7 etc. And they had been given me so many times to buy insurance cover for total value's refund during the booking process.

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Please post up your claim in PDF format and also the defence in PDF format

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My apology if I have gone to the wrong thread. I meant to ask about the procedure of adding " Detailed Particulars of Claim" which I did not do when I filed the claim. It may be too late now at this stage of replying Mediation or Court.

 

But I will get back to you about the result. Thanks everyone

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I'm sure you are on the correct thread but you need to post up the documents so that we understand exactly the situation and we can give you best advice.

 

I'm not sure what else to say. Is there some difficulty about posting up the documents in PDF format?

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Read upload one multipage PDF only please

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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  • 5 weeks later...

We are still waiting for you to respond and to engage with this thread

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I have not sent out my confirmation of going for mediation as I know it will be useless. If I do, that is just to give the judge a good impression.

 

Will it be too late to send a detailed particulars of claim to the defendant and court at this stage as I opted for NOT in the first place? I don't think my brief POC is good enough. What is the procedure or form to filled in?

 

You cant anyway if you did not tick and opt for separate particulars...its quite normal to issue a brief particulars....after allocation you will be expected to expand in your witness statement.

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