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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Mortimer Clarke claiming judgment issued - no trace of judgment vanquis - *APOLOGY & COMP RECEIVED*


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Hi all.

 

Right so I had a Vanquis credit card, it defaulted in 2015 with about 3k owing.

 

Ive had various letters about it from Cabot (whom the debt was assigned to at some point) and Dydens.

 

In 2016 I recived a latter from Drydens, threatening legal action and also making lots of inaccurate statements about the CPR and legal process, etc...I replied to Drydens asking for the usual stuff, letter of assignment etc, they replied saying they were halting any legal action.

 

In 2017 I received a letter from cabot again saying no legal action would be taken.

 

Then last week I received a letter from Mortimer Clarke saying that they were now the solicitor AND also including form N434 - Change Of Legal Representative but on this form it staytes Claimant = cabot, Defendant = Me, Claim Number is blank.

 

The actual letter claims judgment was made against me on .... (yes that what it says, there is a blank space !).

 

I have not received any letters about this claim, I suspect there is no claim, I phoned Mortimer Clark who said the claim was performed by previous solicitors Drydens and that they didnt have the claim number..hhhmmm

 

Ive phoned cabot who know nothing about this so it look very like;ly there is no claim.

 

Im surprised though that MC are prepared to lie in this manner, it appears to be it could have serious repercussions.

 

An obvious give away is the form N434 they sent me, this is required to be sent to all the parties and the court, are they seriously saying they sent this to the court without a claim number !!???, as I found out this couldnt be a admin oversight as they dont actually know the claim number.

 

Any thoughts on what next ?.

 

I intend to phone Drydens to hear what they have to say.

 

Phone Northampton Court, not sure if they can help with a claim number but Ill double check there hasnt been claim.

 

Write complaint to Mortimer Clark, why are they misleading me, is this fraudulent ?, they are after all trying to pressure me to pay what hasnt been adjudicated on yet. Follow up this complaint to SRA

 

Andy

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Nope..I checked the CCJ system and it says no......credit report shows nothing (now there could be delay but I doubt it).

 

Just spoke to Drydens..they closed account and have no involvement since 2017 and didnt take legal action.

 

So its not good enough to laugh at MC, I want to make things seriously bad for them..many people might of seen letter received and paid up believing judgement had been issued.

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I'd begin with an SAR.

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There is a procedure where you can complain about such abuses of process and telling porkies like that to the courts service. Admittedly when I have done this it didnt result in anything visible but if you can get the courts service to even comment on it then you have somehting to take to the SRA with a complaint abiut MC telling lies, abusing the court forms and so forth. Best you can hope for is a slap on the wrist but if they get a bundle of complaints like in the CEL/Shwartz case they may well take further action

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Thanks..Ive looked at SRA site, it says complain to solicitor in first instance..done that..asked for some comp too.. I spent quite a while phoning the various companies and £6 to check CCJ....

 

Ill let you know what happens :)

 

I find it hard to believe that the court form went anywhere near the court..there is no claim number on it..Im pretty sure a court wouldn't accept it even if they did send it.

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I remember sending my complaint and a copy of the fake form to Northampton CC but cant remember how I had to address it. I know it got lost in their internal system for a while because it didnt have a claim ref number (duh!) and it all died a death as far as went regarding communicating with me but there again if they are going to do someone for abusing their copyright or forms then it isnt necessary to inform the person complaining.

I suspect as said they will get a ticking off, promise to never do it again and be back at it on monday

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I spent quite a while phoning the various companies and £6 to check CCJ....

 

Unless you are recording these calls, stay off the telephone. Get a paper trail going where they are telling the porkies, and then you can bury them in the proverbial when the time comes.

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moved to the provi forum.

make sure ALL your old addresses are showing on your credit file andy

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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Good outcome..full apology from them..plus going to pay compensation :)..not convinced it was just an error as they stated....the alleged judgement date was missing plus they would never send communication to MCOL with no claim number..seems to me a crap attempt to obtain money from people by scaring them.

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  • 3 weeks later...

So final outcome is all good.

 

Compensation received.

 

Plus I think its given Caboot a boot up the backsides..as Ive just received 2 letters from them, one is about this debt where they state they cant provide the agreement and therefore wont be taking any further action as they acknowledge they'd lose in court AND another letter about another debt with them which I reminded them is stat barred..they said this one is now closed completely.

 

So 2 debts now gone (one technically still there but nothing they can do) and some compensation :)

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