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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.
      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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Moving house but still being charged early termination fee?!


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Hi Everyone,

 

I would really appreciate your help here, as I think the Post Office home insurance are mis-advising people.

 

I am moving out of my housing association flat to a house I just bought with my girlfriend. I have a 6 week overlap for the two properties so we can renovate and decorate prior to moving in. I already have contents insurance for the new house. My flat was covered for the last 6 years by the Post Office, I told them I am moving and have to cancel the insurance as there is already insurance at the new house, so they can't insure it. As such they have to cancel insurance at the flat as I won't be living there and can't transfer the insurance to my new property.

 

However, they are still wanting to charge me an £35 early cancellation fee. Surely this isn't right, as they can no longer legally provide a service to me? Are they [causing problems] people like me out of £35?

 

Many thanks in advance!

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14.If the policy is cancelled for any reason within 12 months of the commencement date, we reserve the right to reclaim any guarantee payback, together with the standard charges and fees as set out in your policy documents.

 

https://www.postoffice.co.uk/home-insurance/under-50s

 

Simply let it expire and dont renew.

We could do with some help from you.

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Sorry if I didn't make it clear. The policy renewed automatically in April, the 6 week overlap is between my current flat and the new house which is why I had to insure the new house on another policy and PO can't insure me anymore.

 

Surely they can't claim you have cancelled the policy by moving? What about people who become homeless through no fault of their own? Really nasty stuff from the Post Office, whom you'd have thought were slightly different to the others. I certainly won't be using them again.

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Okay so still 8 months to run...do you pay monthly or annually?

 

How much does the 8 months equate to ?

We could do with some help from you.

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Okay so it will cost more to let it run and expire ...£120...where as the cancellation fee is £35.

 

Its their T&Cs and as unfair as it seems you have to accept them or not sign with them initially.

 

Your new Insurer will most probably also have the same T&Cs...so its all of them not just the PO.

 

Your choice.

We could do with some help from you.

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Pretty sure they didn't have the £35 cancellation fee in 2012 when I signed up, and they have added it since. I find the whole being able to completely change premium and policies on renewal automatically thing a bit odd. It's like a way of tricking lazy, busy or trusting people.

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Welcome to Rip Off Britain :wink:

 

Thats why forums such as CAG exist.

We could do with some help from you.

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