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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
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Sainsbury’s lifetime ban + advice needed!


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I’ve been stupid and was caught shoplifting in Sainsburys and looking for some advice.

I’ve searched the forum for similar situations, but I still have a few questions.

 

I was taken to the back office office and asked for my name, DOB and address.

I didn’t want to give them photo ID so showed them my bank card.

 

They appeared to just look at it to confirm my name and didn’t take any photocopies of it as far as I’m aware.

I was very compliant, stayed calm, handed over the items immediately (very low cost: less than £9 in total which I then paid in full before leaving).

 

I was then given a lifetime ban letter and was escorted to customer services where I paid for the items and then I was free to go.

I apologised and asked numerous times if they were going to call the police and/or if the police will come to my address.

They kept saying they weren’t going to call the police and that if police were to be involved they’d have called them then and there.

I’m at university and they did say that it’s not worth getting a criminal record over etc, warned me not to do it again, and gave me the printed off letter.

 

From reading the forum and just common sense, I’m assuming that this is not currently and will not escalate to a criminal/police matter since they weren’t contacted and that this isn’t a criminal record (i.e not a charge, caution, etc) and will not appear on any background checks?

 

I was told I will be getting a letter regarding compensation charges but from reading here it appears it’ll be a standard comp charge which I don’t have to pay?

I understand they’ll keep writing to me but I gave my university address and barely get post sent there anyway so hardly ever even check my pigeon hole.

Is it safe to just forget about it and ignore the letters which I’ll be sent (but probably never get...)

 

I’m also of the understanding that I’d only have to pay if any loss occurred and because I paid for the items in full, there’s no loss right?

Plus they can’t charge me for wages/time already being paid for (security etc).

 

my questions are as follows, any help would be much appreciated:

 

1. Why did they ask my DOB (I just don’t see how that’s relevant, what can they do with that info)?

 

2. Since I gave my university address if I don’t respond and just ignore their compensation letters will they contact my university and ask for my home/permanent address?

 

3. I paid for the items on my debit card, could they either track me and further personal details, including home address, from that?

 

4. I’ve seen a template of a response to the letter basically saying no further correspondence will be entered into. Is it better to just completely ignore their letters or send something like that back to them?

 

5. As queried in my post, would it be safe to just ignore the letters and put this behind me? I’m stupid and have learnt a big lesson today, so please, no judgement. Am I right to think this will not escalate to a police matter (providing I don’t go back into a Sainsburys store)?

 

6. Is there anything I should know or do, anything that will put my mind at ease.

 

Thanks in advance for your help.

 

Oh and when I said that I gave my university address I meant my halls of residence uni building (as opposed to a private rented student house) hence I’m worried they could ask my university for further details/my home address since my address given basically is the university.

Edited by dx100uk
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you forget it ever happened.

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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1. Why did they ask my DOB (I just don’t see how that’s relevant, what can they do with that info)?

 

.

 

Presumably as proof of ID. If you were caught shoplifting in a Sainsburys store again they want a way of knowing if it is you or someone else with the same name. So asking for DOB as well as name is standard part of most ID checks to avoid the risk of confusing people with the same name.

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Hi and welcome to CAG

 

1. Why did they ask my DOB (I just don’t see how that’s relevant, what can they do with that info)?

 

If you are under 18, there a different procedures. I believe it is DWF that act for Sainsbury's and under 18's cannot be taken to County Court for damages. Of course this will never see a court.

 

2. Since I gave my university address if I don’t respond and just ignore their compensation letters will they contact my university and ask for my home/permanent address?

 

Nope. If they did, that would be a serious breach of GDPR

 

3. I paid for the items on my debit card, could they either track me and further personal details, including home address, from that?

 

Nope. They never see those details unless you have registered for online shopping. Not that they can use that info though (see GDPR above)

 

4. I’ve seen a template of a response to the letter basically saying no further correspondence will be entered into. Is it better to just completely ignore their letters or send something like that back to them?

 

Ignore

 

5. As queried in my post, would it be safe to just ignore the letters and put this behind me? I’m stupid and have learnt a big lesson today, so please, no judgement. Am I right to think this will not escalate to a police matter (providing I don’t go back into a Sainsburys store)?

 

Correct. No police were involved therefore no action will come of this incident. If you went into a store, all they can do is escort you out.

6. Is there anything I should know or do, anything that will put my mind at ease.

 

Yes, you actually paid for the stolen items and as such they can do nothing to you. You may get a letter stating they want money for security costs but you can ignore that totally

 

Thanks in advance for your help.

 

Oh and when I said that I gave my university address I meant my halls of residence uni building (as opposed to a private rented student house) hence I’m worried they could ask my university for further details/my home address since my address given basically is the university.

 

Nope! Post should go to the HoR and not be opened by anyone other than you

 

I can safely say you have learned your lesson but please don't do it again as it makes us as well as yourself look foolish.

 

If you read a thread in the stickies it covers a case where a store took two teenagers to court with the assistance of RLP. That case was lost because (in part) due to the fact that store security are paid whether or not the apprehend anyone so there can be no security costs.

 

Hope that helps

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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The Uni I worked in would give short shrift to any company asking for personal details of the students. They would probably end up being listed as an organisation that is to be avoided at all costs like the men who sell you laptops out of the back of their van etc

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  • 2 weeks later...

Hey guys,

thanks for the advice

 

after reading your replies I felt a lot better and to be honest kind of forgot all about it!

(Don’t worry I’m still never going to do it again).

 

I decided to check my uni post and I definitely haven’t received any letters from anyone about the incident...

 

it’s only been two weeks but I expected to have heard by now.

 

Does this mean I’m safe?

 

Obviously if I do end up getting something I know to just ignore but was wondering if they maybe decided not to bother since it was for such a stupid and low amount?

Edited by dx100uk
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there never was anything for you to be 'unsafe' about...

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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As you paid for the goods, there can be no incident so any letters that arrive can be ignored. I would say that you should have received something by now but give it another couple of weeks to see if anything does arrive (I doubt it) Just stay away from Sainsbugs for a while

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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