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    • Better version attached with the late appeal explained more clearly for the judge. This will sound silly, but I think it would be a good idea to e-mail it to the court and UKPC on Sunday.  It's probably me being daft, but Sunday is still March, and as it's late, sending it in March rather than April will make it sound like it was less late than it really is.  if you get my drift. You can still pop in a paper version on Tuesday if you want. E-mail address for the court: [email protected] And for UKPC: [email protected]   [email protected] Defendant WS.pdf
    • Update 15th March the eviction notice period expired, and I paid my next month rent along with sending them the message discussed above. After a short while they just emailed me back this dry phrase "Thank you for your email." In two weeks' time I'm gonna need to pay the rent again, and I have such a feeling that shortly after that date the contracts will be exchanged and all the payments will be made.  Now my main concern is, if possible, not to end up paying rent after I move out.  
    • 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
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      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.
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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I would think the Principal and governors of Plymouth College of Art would be horrified at what their college has got involved with.

 

Me too although at least if the Chief Superintendent and the Devon & Cornwall police legal advisory team have called this correctly, this shenanigan might ultimately be beneficial in the long term to the college.:roll:

You have the right to food money.

If you don't mind a little investigation, humiliation, and if you cross your fingers rehabilitation..............

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Yesterday Fred and I were composing a letter to Lyons Davidson as they had asked him to acknowledge receipt of the witness statement they'd sent. This witness statement to the effect that the barrier allegedly damaged by Fred was an RIB and replaced by a BFT is, as Tld has explained, utter tosh and the last time this information was "disclosed" it didn't come supported by a statement of truth,just sent in a letter by Lyons Davidson so we had asked for it to be properly issued.

Now this new statement from Mr Dexter does have a statement of truth of sorts, except that it isn't dated at all. So would I be right in thinking that statements of truth should be dated?

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Don't forget when writing to point out that they failed to comply with the order as highlighted:

 

The claimant complies with the order of this Court dated *** July 2009 and provides disclosure to the defendant of the original barrier make, model number and serial number or if unable to so do provides the defendant with a signed statement setting out the grounds on which they base their claim that the barrier in question was not manufactured by FAAC

 

A dismissive and unsupported statement simply to the effect that 'it was not a FAAC' does not comply. They have admittted destroying all records relating to this barrier it is therefore not unreasonable to ask on what grounds then they are able to state definititively 3 and a half years later that it wasn't a FAAC is it,the Judge didn't seem to think it unreasonable either. Especially when the witness making the statement can't tell the difference between a BFT and a RIB when it's bright orange has sat outside his office for three and a half years and has 'RIB' plastered over it?:D:D

You have the right to food money.

If you don't mind a little investigation, humiliation, and if you cross your fingers rehabilitation..............

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Don't forget when writing to point out that they failed to comply with the order as highlighted:

 

The claimant complies with the order of this Court dated *** July 2009 and provides disclosure to the defendant of the original barrier make, model number and serial number or if unable to so do provides the defendant with a signed statement setting out the grounds on which they base their claim that the barrier in question was not manufactured by FAAC

 

A dismissive and unsupported statement simply to the effect that 'it was not a FAAC' does not comply. They have admittted destroying all records relating to this barrier it is therefore not unreasonable to ask on what grounds then they are able to state definititively 3 and a half years later that it wasn't a FAAC is it,the Judge didn't seem to think it unreasonable either. Especially when the witness making the statement can't tell the difference between a BFT and a RIB when it's bright orange has sat outside his office for three and a half years and has 'RIB' plastered over it?:D:D

That's very true, thanks TLD. Every effort is being made on the part of Lyons Davidson and their client/s to avoid legitimate issues and treat us as though we were born yesterday. Well when this case started, Fred and I were both somewhat wet behind the ears,but we've grown up fast.:D;)and thanks to your efforts and those of the other caggers who pitch in,

ths is now a formidable team.:D:D

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The choice of words is utterly remarkable, and with a Council approved contractor going into liquidation literally within hours of a protracted dialogue by 'phone and fax you might feel qualified to hazard a guess at where they are going with such a statement. This would explain quite a lot of otherwise wholly irrational behaviour being exhibited by certain people.

 

I thought at the time that the liquidation was revealed that it was a red herring and coincidence but now I'm pretty sure that something very interesting has happened here. Can't wait to find out what.

 

Can you connect the contractor and Mr X at all? I know I went through the contractors public documents a while ago but couldn't see any obvious connecting names

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I thought at the time that the liquidation was revealed that it was a red herring and coincidence but now I'm pretty sure that something very interesting has happened here. Can't wait to find out what.

 

Can you connect the contractor and Mr X at all? I know I went through the contractors public documents a while ago but couldn't see any obvious connecting names

 

I thought the liquidation may have just been a coincidence too, but it made me wonder when I saw how many faxes and phone calls had passed between them and Lyons Davidson immediately before they declared bankruptcy.

I don't know of any connection between Mr X and them either except for their dealings in this case. I'm as curious as you are . The more time goes on, the more obvious it is that something weird is going on.

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I don't know of any connection between Mr X and them either except for their dealings in this case. I'm as curious as you are . The more time goes on, the more obvious it is that something weird is going on.

 

This is not just normal, everyday, weird. This is Marks and Spencer weird.

 

I mean, the case was only for a few thousand pounds. You don't get companies liquidating themselves and all sorts of legal subterfuge for just a few thousand pounds. You don't get people in positions of responsibility sending known falsehoods (if this is what has happened) to the court for a few grand.

 

Something else is up. I have no idea what, but something else, bigger, is up.

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  • 2 weeks later...

Hi everyone, the lull continues, but I neeed to ask for help please if any of you have got court experience and would be willing to read through the transcript we've now got of the Directions Hearing and give your opinion.

If so please pm me. Thanks, Patma

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Hi everyone, the lull continues, but I neeed to ask for help please if any of you have got court experience and would be willing to read through the transcript we've now got of the Directions Hearing and give your opinion.

If so please pm me. Thanks, Patma

 

I'm prepared to help in any way I can. But I don't have court experience. So, I'm not sure about how helpful I'd be. The last thing I'd want to do is send you in the wrong direction on something.

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Good grief - this is still going on????

 

I havent been on these forums for about 8 months, and this was one of the last posts I made (back on pages 1 and 2!) - cant believe the size!

 

Patma - hope you are doing OK with it....for my curiousity (I dont have time to read 106 pages unfortunately!) can you sum up what has happened since page 2???

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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Good grief - this is still going on????

 

I havent been on these forums for about 8 months, and this was one of the last posts I made (back on pages 1 and 2!) - cant believe the size!

 

Patma - hope you are doing OK with it....for my curiousity (I dont have time to read 106 pages unfortunately!) can you sum up what has happened since page 2???

 

 

You REALLY, REALLY REALLY need to read it :grin:

 

 

Jogs

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You REALLY, REALLY REALLY need to read it :grin:

 

 

Jogs

 

I really really wish I had time!!! :D

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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Patma - hope you are doing OK with it....for my curiousity (I dont have time to read 106 pages unfortunately!) can you sum up what has happened since page 2???

 

You REALLY, REALLY REALLY need to read it :grin:

 

 

 

You really should set the time aside Mr. Shed. To ask for a summary on this one is like coming in at half an hour from the end of a film epic & asking what happened! :-D

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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I started the thing off!!! Haha! :p

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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Up to page 8.....

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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