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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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Maxjet - RESULT!


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For the last year I've been saving to take the Missus to Las Vegas for our 25th Anniversary in Feb 2008.

As an extra treat, I also decided to book the US based business class only airline Maxjet. So in November, I duly paid £1300.00 via my debit card.

You may be aware that Maxjet have just filed for Chapter 11 Bankruptcy Protection in the US. (In effect the equivalent of Creditors Voluntary Liquidatin in the UK).

I have no recourse to a credit card as I used a Debit Card. My Travel insurance doesn't cover an airline actually ceasing to trade. As they are a US based company they don't appear to have the ATOL/ABTA bond/security requirements.

To say the wife is a bit upset woud be a massive understatement.

Has anyone got any suggestions as to what I should do to try and get my money back?

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You should try and find out if Maxjet were ATOL protected, as you may be covered under that scheme.

 

Have you contacted Maxjet directly regarding the situation? They have a contact number on their website of 01279 216 428 , which appears to have been set up to deal with enquiries from passengers such as yourself who have booked and paid for flights but have not taken them.

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ATOL Information.

 

Air Travel Organisers Licence (ATOL)

 

Also under the auspices of the Civil Aviation Authority, ATOL is the largest travel protection scheme in Britain. It covers almost every flight and holiday sold by travel firms in the UK. If the company that sells you a holiday or flight goes out of business, the ATOL scheme will refund you in full.

 

Tel:

020 7453 6430 or 020 7453 6360

 

Web Site:

http://www.caa.co.uk/cpg/atol/default.asp

Consumer Action Group is not responsable for the content of external websites.

 

email:

[email protected]

 

Postal address:

Civil Aviation Authority

ATOL

Consumer Protection Group

CAA House

45-59 Kingsway

London WC2B 6TE

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As Maxjet were a US based carrier they don't appear to be members of ATOL or any other UK regulatory authorities. I booked direct with them and not via a Travel Agent.

The phone line on the website is just a recorded message with no further real help and the email address just sends an unhelpful auto-reply.

Very frustrating.

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Guest 10110001
Silverjet, a low cost all-J service from LTN may honour your maxjet booking as far as NYC subject to conditions, you can connect to LAS cheaply on JetBlue or American.
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  • 2 weeks later...

Has anybody heard of the Visa Debit Card Chargeback scheme?

I've read that this little known scheme in effect offers the same protection as a credit card would to someone who uses a debit card and then for some reason the supplier fails to deliver.

Anyone know anything?

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Guest 10110001

It works the same as credit cards but there is no legislative joint liability with supplier and bank under Section 75. Phone your bank for a chargeback form.

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Spoke to my bank this morning (Barclays). Suffice to say that the Customer Service guy I spoke to had never heard of it but managed to escalate it up to a level where there was some acknowledgement of its existance. They won't actually embrace any claim until such time as the date I was due to take the flights has elapsed (6 Feb) but will process the claim then.

This is quite an encouraging step (I think).

Amazing how little is known about this scheme. Its almost the same level of protection as a credit card potentially yet its not widely publicised. Why is that?

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Honeymooner

 

check out this link-

Lloyds TSB - Debit cards

 

it seems the card has some kind of travel insurance.

Also get a copy of the card Terms & Conditions and read all the small print.

written entirely without prejudice to my whole rights and pleas in law and may not be founded upon in any proceedings.:lol:

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  • 3 weeks later...

Update time:

Managed to finally track down "Debit Card Services" at Barclays who sent me a form for signature which was pretty much just a disclaimer giving them certain rights if we're making a fraudulent claim etc.

Form duly signed and returned to them together with supporting documentation.

So hopeful of resolution over the next 10 days.

Fingers crossed...

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  • 1 month later...

After several weeks of phone calls and providing more info my bank account was fully credited today!

 

So a after a bit of perseverance it would seem that in some circumstances the Visa Chargeback scheme actually provides some protection akin to that of a credit card.

 

I'm very happy with the outcome.

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