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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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      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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Shakespeare62 - v - a NastyBank


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Blimey if they keep to that timescale I'd be impressed...

 

as all of us that have reported to regulatory bodies in the past know :-(

 

S.

 

I know - if it slips too much I'll follow them up.

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Called the Court today - deadline for filing Appeal (Notice of Appeal, application for permission to Appeal) is 4 pm on 17th November.

 

I'll post up later today

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u will need a transcript of the judgment to accompany the N161 for an appeal as we remarked earlier.....hows that work then?

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Just read this thread from start to finish, it defies belief. I am where you (Shakespeare62) were back at the very start, just preparing my initial defence against Amex.

 

There are a host of similarities between our cases, including the fact I have been sent different different T&C's on three occasions and in response to a s78(1) request I was sent an application form with nothing on the back.

 

However in response to a recent CPR 31.14 I got the same application form, but this time with these T&C's on the reverse; http://i438.photobucket.com/albums/qq102/Shakespeare62/CCA_stuff/A_M_E_X/Alleged_Reverse_Side_Application_Fo.jpg

 

The exact same T&C's as you.

 

I'm appalled by the failure of the Judge to make the claimant produce the original, especially as you had valid, legal grounds for requesting it. As for the business card exchange, that demonstrates a gross lack of impartiality and a total disregard for any natural, judicial protocol. The truth is if you draw a Judge like that you are done for, however watertight your case is, and yours seemed pretty tight to me.

 

I can only assume that the sheer volume of cases has made (some) Judges cynical and sick of dealing with cases like this, they've seen the case law (or not in this case!) a thousand times and strict adherence to the law comes second to their personal feelings.

 

I worry I would lose my temper under similar circumstances, you did extremely well to keep calm I reckon. I just hope when my time comes I have a more balanced Judge, but in the meantime I wish you well with your appeal, that is a shocker of a process you had to endure and no mistake.

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Thanks for your comments folks.

 

I'm attaching a copy of the Draft Reserved Judgment and my initial appeal points. They will need amending and seriously firming up.

Draft Reserved Judgment.pdf

Draft_Appeal_V2.doc

Edited by shakespeare62
re-scanned pdf and uploaded to improve readability

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BTW - HMCS told me yesterday that the final written Judgment was prepared on 23 Oct and posted out to me on 28 Oct.

 

This apparently contradicts the DDJ who stated on 27th Oct that I had to rely upon the Draft Reserved Judgment from July, but then decided during the hearing he would correct some typos and include the correct reference to the Rankine case).

 

I'll repost as soon as amended written Judgment is received (it should be virtually identical)

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I just re-checked my taped conversation with HMCS. They do contradict the DDJ.

Edited by shakespeare62

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Thanks for your comments folks.

 

I'm attaching a copy of the Draft Reserved Judgment and my initial appeal points. They will need amending and seriously firming up.

 

Could you re-post the docs... lettering too small.

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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Hi Paul .. have u tried doing a zoom on pdf ? (they are small but appear clearly for me when I zoom on Adobe PDF viewer to say 200%). Then click thru using the page up or down arrow.

 

If it still doesn't work for you, Ill rescan in at a higher resolution and repost. Please let me know. Thanks.

Edited by shakespeare62

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Done it now :) See post #180 above

 

Should now be easy to read and print out. (Download tho will take 20 secs or so cos its a larger pdf).

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You must Appeal!

Cheers,

BRW

 

I'm on the case(Thanks for the support BRW ;))

 

I will be splitting the initial appeal points at post #180 on prev page, into separate Grounds of Appeal for the N161 Applicant's Notice and a Supporting Skeleton Argument. Should be posting up drafts in about 48 hrs.

Edited by shakespeare62

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suggest you look at the following threads for pointers..

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/212396-trying-set-aside-judgement.html

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/183724-tonka99-sechiari-clark-mitchell.html

 

Both the above are preparing for appeals and have lots of valuable information on the threads.

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Here's my Draft Grounds of Appeal. I will need to put in correct Exhibit refs.

 

should post up skeleton argument within next 24-48hrs

 

My concern is to ensure the Grounds of Appeal has "enough punch" behind it to get through. All comments welcomed.

Grounds_Of_Appeal_V3_ID_Removed.doc

Edited by shakespeare62

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Here's my Draft Grounds of Appeal. I will need to put in correct Exhibit refs.

 

should post up skeleton argument within next 24-48hrs

 

My concern is to ensure the Grounds of Appeal has "enough punch" behind it to get through. All comments welcomed.

 

Fraid an appeal is well beyond my small knowledge but I have to say that in my opinion is worded superbly.

 

S.

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Fraid an appeal is well beyond my small knowledge but I have to say that in my opinion is worded superbly.

 

S.

 

Appreciate the thumbs up :)

 

Received acknowledgement of complaint from Ministry of Justice this morning. The Office For Judicial Complaints is to investigate - target resolution 24th November. I'm attaching a copy of the complaint I lodged.

 

Right ..on with my skelly.

OJC Complaint.doc

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Lodged my Appellants Notice Form N161 this afternoon, with Grounds of Appeal (3 copies) and Appeal Bundle. Skeleton to follow later (i've got 14 days).

 

Need to seriously chill, will post up later / tomorrow.

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Here is are copies (ID removed) of my Appellants Notice Form N161, Grounds of Appeal, and the Index used for my Appeal Bundle.

 

The notion now is that I do a skeleton within 14 days of filing the N161 - it will contain a further outline of the arguments I'm pursuing, along with a list of Authorites (Case law etc.) that I intend to refer to.

 

Then all the Authorites get printed out in full and put into an "Authorites Bundle" and filed + sent to Claimant 7 days before any trial.

 

We'll see...

N161_Appellants_Notice_ID_Removed.pdf

Grounds_Of_Appeal_V8_ID_Removed.doc

Appeal Bundle Index V4 ID Removed.doc

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I've copied the full Appellant's Notice, as an aid to helping others. The notice gets interesting from section 5 page 4 onwards. The images view well for me at 200% zoom.

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I've heard from the OJC today. Basically the complaint is still being investigated. I note the letter was marked "RESTRICTED - PERSONAL". I guess that means its not to appear on the front page of the Sun ..u know along with the "Cash for questions" and "match fixing" scandals....

Edited by shakespeare62

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I wish you luck with all this and I hope your appeal succeeds. Whatever else I think every defendant has a right to impartiality from the process, and from those administering it.

 

I know from experience how consuming this whole process can be.

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