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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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    • 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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Poundstillpayday excessive default charge.


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Hi.

 

After numerous harrassing phone calls from PTP at home, work, mobile and to my landlords, I have finally received a letter from Clarity, however it still includes a default charge.

 

My last loan with them was for £500.00, repayable at £650.00.

 

Having been stuck in this loop for 9 months, losing a large chunk of my monthly salary to the £150.00 charges I decided enough was enough and stopped paying at which point a £58.00 default charge was applied.

 

Anyhoo, Clarity sent me out a "Notice of Instruction" requesting payment etc.

 

Unfortunately due to the loss of my parners employment and ill health, I have had to enter into a Debt Management Plan with CCCS, therefore I will be including Clarity in this plan.

 

My point is, I am of the understanding that this £58.00 default charge is way over the top, however before I place the PTP/Clarity debt into the Debt Management Plan, I would like to know the regulations that I could quote to Clarity stating such.

 

Any help on this would be appreciated.

 

Best Regards.

 

Derek

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Like bank charges they would have to justify to a judge - I would get clarity to remove this from their balance. Tell them that if they don't that you will see them in court, however if they agree they will be getting regular payments. Clarity offered me a 25 per cent discount for early settlement so they can afford to deduct this charge.

 

Best of luck

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Hi,

 

Just received the following response from Clarity after having asked them to remove the £58.00 excessive charge.

 

------------------------------------------------------------------------

Derek,

 

Thank you fro your email. Please refer to Pounds Till Payday terms and conditions. Full payment of £708.90 is now due. Please email or call our offices to discuss the matter further. The number is 08445611715 and open until 8pm.

 

Kind Regards

 

NAME

--------------------------------------------------------

 

What act covers excessive unfair charges?

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Hi,

 

Just received the following response from Clarity after having asked them to remove the £58.00 excessive charge.

 

------------------------------------------------------------------------

Derek,

 

Thank you fro your email. Please refer to Pounds Till Payday terms and conditions. Full payment of £708.90 is now due. Please email or call our offices to discuss the matter further. The number is 08445611715 and open until 8pm.

 

Kind Regards

 

NAME

--------------------------------------------------------

 

What act covers excessive unfair charges?

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They were always likely to try and resist to start off with. I believe that the charges are considered to be an unfair contract condition, ie penalty charges are unlawful.

 

Two ways of dealing in my opinion.

 

1. Refuse to come to an a payment arrangement until they remove charge

2. Agree monthly repayments (they do accept quite low figures) but make it clear that you will not pay the charge and that they will have to go through the courts for it (they wouldn't dare!!)

 

Best of luck.

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I got a reply from this, which is as follows:

 

Dear Sir.

 

We note your comments.

 

Would you be in a position to repay £567.00 at this time.

 

Yours Sincerely

 

XYZ.

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They have missed your point. Shows how much discount they can afford to give. Restate your offer of so much per month but point out you are not paying the charge. By all means if you can afford their settlement offer than you can accept.

Most importantly only pay what you can afford.

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hi i don't know if i'm in a right thread. i do have a loan in ptp as well and i am struggling. I have received a phone call today a i missed the payment. they won't acknowledge my offer and the one i've spoken to accuse me as well of terminating the call.(which is a complete lie)My concern is they said my offer won't be acknowledge unless i'm on debt management plan, which is i'm not at the moment. they gave me another 30days to settle the amount including the charges. Any advice on this as i cant still afford to pay them next month.

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