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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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Virgin Media viewers up in arms over losing 10 UKTV Channels


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Virgin Media’s 4 million subscribers are set to lose 10 UKTV Channels from Sunday 22nd July. This includes Dave, Gold, Drama and W and popular shows such as Taskmaster, Red Dwarf XII and reruns of classics like Only Fools and Horses.

 

Virgin Media customers are venting their frustrations over the loss of UKTV via Twitter, with some threatening to switch to rival television packages Sky or BT:

 

David Bouchier, Virgin Media’s chief digital entertainment officer said:

 

“The problem is the BBC does not grant the UKTV digital rights with its TV shows which leaves it somewhat stranded as a linear dinosaur in an on-demand modern world.”

 

“Part of a commitment to audiences has to be allowing them to watch what they want, when they want and that also means being able to watch those programes on demand. From US studios to small program-makers, that is how it is done. The BBC puts UKTV in a very difficult position and we have been unable to come to terms and will replace the channels.”

 

https://uk.yahoo.com/movies/virgin-media-viewers-arms-losing-10-uk-tv-channels-132054866.html

 

 

Discuss ?

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VM up to their old tricks again then I see.

 

They obviously don't learn, they lost quite a few thousand subscribers when they lost access to $ky channels in 2007 over them (VM) refusing to pay what $ky was asking for access. Now they're playing the same game with the BBC & Discovery Inc, Muppets.

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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VM up to their old tricks again then I see.

 

They obviously don't learn, they lost quite a few thousand subscribers when they lost access to $ky channels in 2007 over them (VM) refusing to pay what $ky was asking for access. Now they're playing the same game with the BBC & Discovery Inc, Muppets.

 

I have VM basic TV, internet and phone package. I used to have their max package with all channels including sports, but gave up as it was a luxury, when they were hardly watched.

 

Most of the cable channels just show repeated programmes and not much else. I find Youtube, Netflix more interesting these days.

We could do with some help from you.

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I don't have any Live TV in the house now UB and I don't miss it at all, and what's better, no TV Licence either :thumb:

 

Youtube and Amazon Prime (as well as what I've already got on my media server) are more than enough for me and I save over £50 a year on my TV licence despite paying for Amazon. I spend maybe 2 hours a day (if that (unless i'm watching a film)) in the same room as the main TV, although I do have other TV's that I use as PC and games console monitors (which work out cheaper than 'proper' monitors (no idea why)).

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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Vm charge for the service so why should they demand those channels for free but then they charge you to watch them??

If you could watch free to air channels without a vm subscription then I would understand their arguments but they don't.

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That's not quite how it works sgtbush.

 

The UKTV channels (10 of them (and their +1's)) are not all Free To Air (FTA). So VM will be paying a negotiated rate for access to the non FTA channels but bundled with the rights to re-broadcast the FTA channels as well.

 

Dave for example is a FTA channel that anyone can watch on $ky, Freeview, Freesat, TalkTalk TV, BT TV and up until today, VM. And whilst UKTV might make that channel available for free, it's bundled with others (with the exception of Freeview and Freesat which only carry the FTA channels) that are not. So if you lose the rights to the UKTV channels that you're "buying in" you'll also lose the rights to air the UKTV FTA channels.

 

So without VM paying UKTV for access to channels like Gold, they won't have the rights to show Dave.

 

So, VM customers (from today) have lost access to.. Alibi & +1, Dave & +1, Drama, Eden & +1, Gold & +1, Good Food & +1, Home & +1, Really, W & +1 and Yesterday. Plus any access that they had to UKTV Play via the VM STB (if they had that anyway). Even though some of them are FTA and available via an aerial for example.

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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Excellent explanation Dragonfly....and in effect they have replaced those 10 channels with other FTV channels (except for PremierSport and few others I have never heard of ) and added a few HD versions to make the numbers back up so to retain the channel volumes per bundle.

 

Although they state they have added Sky $ports mix...this has always been available to Full house bundle and therefore not an extra.

 

Now we wait the next round of price increases

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I have been with Virgin since December last year and wasn't happy before these channel cuts. I watch these. Do I have a right to get out of the contract? Is a 10 channel loss enough to opt out as a change of contract? Didn't know about it until we went on one of the channels and it informed us it was going.

 

Sorry if this question is in the wrong thread x

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You'd need to check with VM, but I don't see why you couldn't cancel without penalty. It's a significant change to what you signed up for after all.

 

VM are widely reported (in the general press) to be considering penalty free cancellation on a case-by-case basis. So all you can do is get in touch with them and ask :thumb:

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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  • 4 weeks later...

I see all the UK channels are back...life wasn't the same without repeats of " Only Fools and Horses " :madgrin:

We could do with some help from you.

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