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    • 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.  
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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
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Notice of Discontinuance


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Hi everyone,

ok after receiving one of these most people would be jumping for joy but I know their game.

 

Basically they have stated they are discontinuing and handing it back to the OC (it was sold), the OC failed to issue a DN thus they were stuffed from the beginning.

 

Obviously I have proof that no DN was issued and proof of termination from the DCA, letters action you name it. The DCA has put a Default on my CRF.

 

How do I stop the same sorry mess starting up again, I have filed a defence embarrassed yes but still a defense. I believe it's up to the court to decide if they can discontinue is their anything I can do?

 

Thanks

 

Pumpytums

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No, the claimant can decide to discontinue at any time.

The crucial issue is whether they have actually informed the court. Phone the court with the claim no. and ask.

 

 

GOOD POINT

 

NOT THAT A DCA WOULD BE UNDER HAND

 

THE COURT SHOULD SEND A NOTICE OF DISCONTINUENCE ALSO

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No, the claimant can decide to discontinue at any time.

The crucial issue is whether they have actually informed the court. Phone the court with the claim no. and ask.

 

So it would be best to contact the court to get 100% confirmation?

 

Thanks guys

 

Pumpytums

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Well I Would Now Demand The Dca Remove All Data As They Have Now Passed It Back To The Original Creditor And As Such, The Dca Are No Longer The Creditor

 

I Would Give It A Week And Do An Online Dispute With The Cra On What Ive Stated

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So it would be best to contact the court to get 100% confirmation?

 

If they say yes ask them to send you a copy (which the claimant should have done)

 

They should have sent the court an N279, which includes

 

I certify that I have served a copy of this notice on every other party to the proceedings

http://www.hmcourts-service.gov.uk/courtfinder/forms/n279_0699.pdf
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ahem I quote,

 

NOTICE OF DISCONTINUANCE OF PROCEEDINGS

 

Take Notice the Claimant hereby wholly discontinues this action against the Defendant.

 

To Court

we Herby certify that we have given notice of discontinuance to the Defendant.

 

Thanks again guys, I will check with Court.

 

I will get other my thread name changed once I know for sure.

 

 

 

Pumpytums

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THIS IS THE PART TO QUOTE IN THE PART 38

 

Discontinuance and subsequent proceedings

 

38.7

 

A claimant who discontinues a claim needs the permission of the court to make another claim against the same defendant if –

(a) he discontinued the claim after the defendant filed a defence; and

 

(b) the other claim arises out of facts which are the same or substantially the same as those relating to the discontinued claim.

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Congrats and well done.

 

 

.............just to finish off this thread..................if the creditor does try for a second bite then look to "Res Judicata" to see them off. ;)

 

Finally, make sure you stuff them for your wasted costs.

 

WASTED COSTS THREADS

 

Have a look at the pdf's that Surfaceagentx20 has attached at the bottom of the post on a letter for wasted costs -

 

Surfaceagentx20 wasted costs

also

 

Liabilty for Costs CPR 38.6

Sharpman v Nationwide credit card services ***WON WITH WASTED COSTS***

 

Welcome/Cohens - case withdrawn ***WOO-HOO ***

 

have a look at this post by IGNM on costs as well -

 

IGNM post on costs

 

and a B_R_W post on what else you can claim - B_R_W additional costs you can claim

 

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Was the claim ever allocated to a track by the Court as a Summary Judgment application was made ?

 

If not, then the claim would remain as unallocated, and as such, would be deemed Multi-Track.

Thus, you would be able to claim your full costs.

Edited by supasnooper
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Darn yes it was allocated to a track.

 

Sly devils.

 

I wish I had filed that counter claim now it wasn't until a month ago I had the info. I now understand why the OC took so long for the SAR info.

 

Thanks for all you help though Supa.

 

Pumpytums

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Ok to finally tie this thread up.

 

I spoke to the court again today the Claimant has filed a Notice of Discontinuance. I had originally sent a copy of mine to the court as the Claimant was being "slow".

 

So thanks again for all your help.

 

Pumpytums

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