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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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Water pump failed on my car in Jan this year,

took the head gasket with it,

both replaced by local garage who i have used for years.

 

Picked car up, filled with petrol, car took 3 attempts to start and EML illuminated.

Returned to garage who so far to this date have replaced cam shaft sensor, crankshaft sensor and vtv valves and pullies.

 

Car was still not starting first time but once started did run but EML still showing up.

Next advice given was to replace a sensor in the gearbox, (this was done without my permission) when i last rang the garage 3 weeks ago i was told the EML had cleared but now the car wont start.

 

So, i need to get this situation sorted.

What are my rights, im not happy to take back or pay for a car that is now in a worse state then when i started so if the car cant be fixed i want to just be able to buy a cheap run around?

Edited by dx100uk
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It would help immensely if OP's stated what car and mileage!! From your description it could be a lawn mower.

 

No need for that is there really, i would hardly take my lawn mower to a garage!

 

The car is a vauxhall astra on a 10 plate with 67k on the clock.

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It would help immensely if OP's stated what car and mileage!! From your description it could be a lawn mower.

 

I think most people would understand that it wasn't a lawnmower. I'm not sure that there are many lawnmowers which have water pumps and engine management lights - and that's without mentioning the fact that the OP very clearly in eight different places describes it as a "car".

 

==============================================

 

So far as the car goes, I don't know what the value of the vehicle is but I suppose that you are asking what your rights might be against the garage if they have done their job properly ascertaining the fault and then repairing it without wasting your money on other haphazard attempts to replace bits and pieces.

 

Is this a Vauxhall garage or is it simply some local garage which handles any kind of vehicle?

 

I'm afraid that it is probably going to be difficult because I expect that you would need an independent assessment of the likely cause of the problem – and how reasonable it was for your local garage to do the work which they did.If you had an independent expert opinion which said that the fault was easily identifiable and any reasonable garage should have had no problem, and that the work which was carried out was a waste of time, then I think you might have problems making any kind of claim. When you are dealing with small local garages then unless they are very decent and customer-facing, and concerned about the quality of the work that they do, then you are generally left in a position where you have to start talking about court claims. Although many small garages might prefer to put their hands up and pay you out, if they were a bit feisty about it they could get you in front of the judge and the decision might be a difficult one for the judge to make.

 

I think we need to know how much you have spent so far – but more importantly what is really wrong with the vehicle. You might want to wait all of this up against the cost of a new vehicle. The value of your existing Vauxhall Astra?

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Thank you for your intelligent response .

The car is on hpi due to bad credit (idiot ex partner) and still have 3.5 years left to pay

 

hence I'm quite insistent on the car being repaired.

I was happy enough to pay for the work that the local independent garage had done (ive used him for years) as the car at least started (eventually) and ran but since they have take the gearbox out the car does not start!

 

Around £600 in parts alone so far and that is without adding in labour costs.

 

the garage dont seem to have a clue what is wrong with the car and seem to be pulling at strings now.

I cant afford to me £600+ out of pocket and still no car.

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So can you just clarify please what exactly is it you are after. Please can you list out in a bullet pointed form – wasted work done – sum you want to be recovered.

 

You say the gearbox has been taken out – but presumably it is back in now?

 

I suppose you understand of course that this will be the end of your relationship with the garage.

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  • 4 weeks later...

I realise the thread is a few weeks old and the OP hasn't returned to update us, but a question I had was in relation to the reasonable skill and care the garage should have been expected by any reasonable person to have shown and whether or not they did that.

 

With the EML light illuminated I would have thought the first stage of investigation would have been to connect the car to a diagnostic scanner to ascertain what faults were present. With that information at hand I'd have expected a mechanic with skill and experience to have a reasonably good idea of what was wrong.

 

The OP doesn't mention whether this was done or not, and in my view their description of work done sounds more like parts have been thrown at the car in the hope it'd fix the issue rather than a considered diagnosis.

 

If it can be shown that a diagnostic scan wasn't performed (maybe the garage doesn't own the equipment, I understand it can be very expensive) then does that change or bolster the OP's position that reasonable skill and care wasn't provided and by extension does that improve their chances of recovering their money?

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  • 1 month later...

Yes a scan was done,

as far as I'm aware,

and it highlighted issues with the crankshaft and cam shaft sensor and the variable timing valves and pullies.

These were replaced but the error with the crankshaft sensor was still present.

 

I have repeatedly tried to get the owner of the garage to contact me to sort out the situation

i am having no luck,

 

so I'm left with no option but to get the car towed back home.

 

find it suspicious that after the cost of parts and labour they would not want paying and the car removing.

 

Ive given them enough time to 'not' fix my car.

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The car is back now, feel kinda bad as the tow man went to see the garage the day before and they were working on it and he had a quick chat with them. The owner has been away for 2 weeks so my messages have not been passed on and my mail has not been seen. Hopefully he will contact me when he returns so the situation can be resolved.

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