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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Tesco, Cobbletts & CPR18


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Merry Royal Morning to you all

 

This is my first post and I need a bit of help.

 

In dispute with Tesco over credit card charges. Tesco agreed to refund charges but no interest. Have issued claim in court. Had 'request for further info' from cobbetts which i didn't respond to but responded to their 'embarrassed defence' to say that full list of charges was already provided with pocl (and it was provided to me by tesco in any case) and that all bits of my case were in the POCL.

 

Both parties have filed AQs.

 

Yesterday morning I got an order from the court telling me to respond within 14 days to Cobbletts CPR18 request or they would strike out the claim.

 

:!:

 

So this is where I'm a bit stuck. I can send then the list of charges again but all the other requests (which regulations I'm relying on, etc) I thought were already in the detailed POCL I sent (I adapted one of the ones on in the library).

 

Any help would be appreciated (once you've all finished gasping in awe at Kate's frock, of course)....

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It's the standard 'request for further information' that lots of other people have said they received...

1. In your claim you state "....a penalty on breach of contract and thus unenforceable and an unfair term under the UTCCR 1999". Ploease provide the following in support of your claim:-

1.1 in realtion to each charge a) the date when the charge was made b) the amount c) reasons for charge

1.2 In relation to each charge a) is the case that it should not have been charged b) if yes, why? c) if no, is it that this amount should not have been charged? d) if yes, why and what charge should have been made? e) if no, please state your case

2. In your claim you state charges are "an unfair penalty under the UTCCR 1999" Please specify all of the facts relied on and identify which regaulations are relied on

 

I've cut it down a bit but that's basically what it says.

 

I used the standard PoCL from the library as my claim.

 

I see from lots of other posts that this is a standard document that Cobblers send out but I'm unable to find anyone who has responded to it.

 

Please note that I have an Order from the court requiring me to respond.

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Just to add, I included a full list of charges (with interest calcd) in schedule 2 of my POCL and I noted to the court that this was the case (even though Cobblers seem to suggest in they're defence document dated 30th March they've never seen the list). But I received a letter from Fresco dated the same day as their defence which included a list of charges. I have pointed this all out to the court and told them they are wasting the courts time but they still told me I have to respond.

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For anyone who is interested (it doesn't appear anyone is) the advice given in the library to ask for the defence to be struck out and supply the Lincolnc court ruling, etc, etc is flawed. The Judge responded to mine with "...it has no basis in law and the cases quoted have been superceded". Or words to that effect.

 

This CPR18 is Cobblers standard response to claims and I see hundreds of notes about it on the forums. I can't believe there's no-one here who has responded....

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