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    • 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.
      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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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DPA breach Scottish Power


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As some of you know Scottish Power (SP) are terrible at everything they do!

 

Story:

 

Friend 1:

 

I helped an SP customer get their account sorted, back-billing issues.

Now that's sorted and redress was nice for the customer.

 

Friend 2:

 

I am currently helping sort their back-billing issues, some success so far.

Now being smart a SAR was sent to SP for friend 2.

In their name only .

The data pack duly arrives within the 40 days, some items were missing, a quick email to SP sorted that out.

 

Now its complicated, on listening to the cd's of the phone calls for friend 2, SP have sent friend 2 copies of all friend 1's calls, neither friend know each other, never met nor communicated with each other whatsoever. The only common thing is me.

 

I am not the data subject for either account.

So why have SP issued data for friend 1 to friend 2, can friend 2 now complain to the ICO and the Ombudsman in relation to the data breach.

 

It clearly can be heard that the normal security questions being asked and confirmed!

 

Your thoughts please

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Start off by making a complaint to the ICO. Make it on the telephone – get a reference number and then make sure it is confirmed in writing. You will have to chase them up every so often but eventually you should get a written view that yes SP are in breach. Once you have that then you can begin making a complaint to the ombudsman – or bring an action in the County Court under the DPA.

 

Unfortunately the amount conversation will be extremely small because clearly the data has not gone large

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Thank you Bankfodder,

 

I have 8 disks to go through, the amount of data is on disk 1 hour 30 minutes in total on disk one alone. the information is significant.

 

The information goes in to great detail about the data subjects account...

 

Since I still have 3rd party for both subjects then I've just informed both.

 

One is ok with it and didn't know, the breach subject is furious.

 

Once I have listened to each disk I will have a better idea of how much data was wrongfully released...

 

I have now listened to the disks, there are a total of nearly 2 hours worth of information that has been leaked incorrectly.

 

Data subject 2 now has the data and has decided to complain, having taken the advice of BF this is the right thing to do in this case.

 

Given the serious nature of the breach I have advised that they seek professional advice. I have made over the extra information and hopefully the ICO will deal with SP in the correct manner.

 

Now, given that it is important to make your own recordings it also pays to obtain those from the creditors if they record.

 

I believe a complaint letter must wing its way to DERMOT NOLAN, CEO OFGEM.

 

There are a few open letters freely available if you search for them, but a few years ago SP were in trouble with Ofgem >>

 

Scottish Power has agreed to pay £18 million for failing to treat its customers fairly.

 

The fine – of which up to £15 million will be paid to vulnerable Scottish Power customers and £3 million to charity - is the third biggest penalty given to one of the major six energy providers. It follows an investigation by the industry regulator Ofgem into the firm’s customer service.

 

Scottish Power's call handling, complaint resolution and billing were all below the basic level of standards required, the investigation concluded. The poor service resulted in over 1 million complaints between June 2013 and December 2015.

 

https://www.independent.co.uk/news/business/news/scottish-power-fined-18m-for-poor-customer-service-that-prompted-one-million-complaints-a7001346.html

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Getting professional advice will amount to nothing and will cost a lot of money. Complaining to the ICO will do nothing because they will take almost no action – but if you can get a written confirmation that SP are probably in breach then this would give you a basis for a further complaint.

 

Don't waste your money and don't get your hopes up as to what anybody might bother to do for you

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BF: Advice taken and passed on to the Data Subjects.

 

 

I will update this thread if and when information is made available...

 

 

Thx

MM

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