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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.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

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      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Wescot staff-rude


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absolutely, standard rules apply, never speak to them on the phone.

 

If everyone was made aware of their rights and refused telephone communications, all of the little call centre drones would be out of work.

 

Such a shame all that training going to waste LOL

 

 

Wow....And you seem the brightest spark of all...Especially with your cute little picture...Aww

 

Hows about everyone in the country just builds up debt and refuses to pay...Now that would make the country a better place..Wouldnt it...

 

All the time you guys delay paying these debts your credit ratings are plumeting like lemmings.....Lovely

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Guest forgottenone

Keep thinking of clocks when I see the name 'Wescot'.

 

Hows about, to stop yourselves from being chased for debt, Paying your bills on time...
Oh, dear ... well, I can assure you sir/madam ... plenty here are very 'bright' ... some also have some quite powerful, influential relatives who will scare the living daylights out of any employee of such companies ... people have a right to know their rights, what a shame ... those who claim to be there to help bully, belittle ... antagonize ... pick on the vulnerable ... what is so 'clever' about this behaviour.

 

Well, then R1980 ... tell you what ... next time you lose your job, have an accident leaves you disabled for life, get an illness ... I only hope whomever you have to deal with is so sympathetic ... no one can predict the future, no matter how 'bright' you may think you are ... bright spark ... and anyone can come a cropper tomorrow. So, there are plenty of reasons why people cannot pay ... cos it won't be me offering you or being there for you when you life comes unstuck one day, without warning. What will you do, then?

 

If your opening posts are indicative of you as a person. There are those who truly deserve help and those, from their actions, do not deserve. Everyone who genuinely finds CAG usually fits that category.

 

So, take a look at yourself ... deep inside, your soul, your fibre ... cos it does catch up to you in the end. Then, and only then will you begin to understand. Pity it takes that to achieve such things, though.

 

Wasted 5 minutes of the rest of my life even bothering to reply.

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Heres an idea for all you bright sparks

 

Hows about, to stop yourselves from being chased for debt, Paying your bills on time...

 

God i dont know how i come up with this stuff sometimes....

 

Genius

 

TROLL

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Guest forgottenone

Yes, troll ... possibly one of the many appeared on here in as many weeks. Or just some pubescent teen on school holidays. Or not. :D

 

Whichever, they seem to live in a very 'ldeal' world which appears bereft of problems, ills. Except one day that, like in everyone elses life, will change ...

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well we'll just see how prefect this persons world is.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Guest forgottenone

Still here, watching I see ... Now, other people get their 'jollies' smoking a fag, drinking beer, wine even ... but did you know that trolls, at their most core instinctual level are ... just plain old attention seekers ... they just love it when people reply. Strange world, where people get 'jollies' out of doing such things. Mostly it's also because they can never have what others have, things like a conscience, stuff like that being just one. Still, like I said ... no one knows what comes tomorrow ... Missing Neighbours now over this, how strange is that. :D

 

 

I'll just put them on 'ignore' from now on. :D

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Its another DCA Troll who has seen his monthly alcopop bonus drop because people refuse to deal with him or his lying bullies of workmates. Ricardo the law is on the side of the just. What legal powers do you have. NONE. Do people have to speak to you. NO. Do you have to supply a CCA YES. Obviously you were too under qualified to get a job in McDonalds so you took a job making threatening phone calls from the safety of your telephone threat centre. Get a real job and most of all GET A LIFE!!!!

 

Dont bother responding with your propaganda. You are on ignore mode. GOODBYE you sad person

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Heres an idea for all you bright sparks

 

Hows about, to stop yourselves from being chased for debt, Paying your bills on time...

 

God i dont know how i come up with this stuff sometimes....

 

Genius

Just spotted -missed your post-Ricardo please meet me for quiet talk-would bring mirror for you so you can see what debt does to some people-of course :mad:ambulance would be required for you-but will be waiting.:rolleyes:

Met many people like you in my time-usually change ways when confronted.8-)

You are a coward coming on here where decent people are-get back under the rock you crawled from-you heartless piece of ****.

Mad enough-would love to meat cleaver you-joking of course-2 posts wow.:lol:

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Wow....And you seem the brightest spark of all...Especially with your cute little picture...Aww

Hows about everyone in the country just builds up debt and refuses to pay...Now that would make the country a better place..Wouldnt it...

All the time you guys delay paying these debts your credit ratings are plumeting like lemmings.....Lovely

 

Oh i missed this 1............. :eek:

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All the time you guys delay paying these debts your credit ratings are plumeting like lemmings.....Lovely

 

Lovely for whom????

 

This person MUST be a DCA. The part of their brain which understands that 'money' is required to pay debts has been lobotomised.

Trouble is, there are so many people who have had this lobotomy that we cannot say which company is involved.

I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

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Hows about everyone in the country just builds up debt and refuses to pay...Now that would make the country a better place..Wouldnt it...

 

 

Patronising and sarcastic all at the same time. Reminds me of something - it'll come to me, don't panic...

I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

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Wow....And you seem the brightest spark of all...Especially with your cute little picture...Aww

Hows about everyone in the country just builds up debt and refuses to pay...Now that would make the country a better place..Wouldnt it...

All the time you guys delay paying these debts your credit ratings are plumeting like lemmings.....Lovely

 

Things must be really tough for you guys in the DCA industry at the moment :lol:

My credit rating is already at the lowest point it could be & you know what...it matters to me not 1 jot as it doesnt effect my ability to get on with life - so really speaking, credit ratings/files are not worth the paper they are printed on. :p

Its us who are having the last laugh on you muppets coz we know you are all suffering in the DCA industry.

Well tough & i hope things get worse for your industry....infact i hope your company folds.........with debts :D

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Wow....And you seem the brightest spark of all...Especially with your cute little picture...Aww

 

Hows about everyone in the country just builds up debt and refuses to pay...Now that would make the country a better place..Wouldnt it...

 

All the time you guys delay paying these debts your credit ratings are plumeting like lemmings.....Lovely

Who in their right mind gives a S**T about their credit rating?

Come to that,who in their right mind gives a S**T about dca`s and their under achieving staff?

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They attend courses on how to be assertive and call control, perhaps the difference between assertiveness and confrontationalism needs to be explained to them.

 

Spamheed!!!

 

You've gone and upset him - you know they can't do words with more than 2 syllables

Edited by cashins
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.....I wish I could meet one of these silly sad Boys(Yobs)....(.or Girls) on a dark evening in the middle of nowhere and then tell me face to face the crap they come out with on the phone !!......W.M. (obviously none of them has seen real life as they all seem to be in the 20-30 bracket) !!

Edited by Werner M
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20 -30 ha ha. Pre pubescent more likely. Obviously our troll friend has finished his break in the threat centre and is now back on the telephone using his people skills to intimidate the unwary. Still every so often they obviously get a CAGGER who turns the tables on them and their silly games.

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wow i think he may have been sacked for not remembering who he was to become friendly with.

 

BTW your first post gave u away.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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