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    • Great, well done. Well done also on managing to talk to the court. That seems to be very difficult for most people nowadays
    • Hi Guys, I need to submit my defense for the MCOL due date is 3rd Dec. I don't know if I need to write so much of the attached and whether the details is required afterwards. Please let me know, if the below is ok to submit. Thanks   ************************ I arrived at Liverpool John Lennon airport around 5:30am on 30th July 2019, to park my car in a prebooked car park, called Imagine Parking, located approx 150 metres from the entrance of the airport building. I paid for the parking and flights in May 2019 (receipt attached) for our annual family holiday to Italy. On entering the airport premises I asked my family to look for any signs to the Imagine Parking, as it was dark and the signs were very difficult to read. Unfortunately neither the satnav nor anyone in the car could find the Imagine Parking. After exiting the airport premises following the one way system and then re-entered it again. Again we couldn’t find our car park and I decided to drive in to the pickup/dropoff  car park to collect my thoughts. I double checked the address and postcode and had entered the correct information and read the directions again. So, I paid the £3 exit fee and drove carefully, this time using my son’s mobile phone satnav, but again the satnav said we had reached our destination, so I noticed the entrance to a car park off the roundabout shown in the photo, thinking it must be our car park, however just as I was entering I couldn’t see any signs saying “Imagine Car Park.” I also noticed that if I drove further into this car park, then I would be driving towards barriers to the car park and there was also a raised kerb dividing the entry and exit for the entrance to this car park, so I stopped in order to avoid getting trapped, this was for a few seconds and as I was about to drive away, I noticed a couple of cabin crew walking towards my car and I asked my son to jump out with the Imagine car park document to ask for directions, but they were unable to help, so my son sat back in the car and just I was about to move, I noticed a minibus with “Imagine Parking” written on the side and managed to follow it to their car park about 100 metres away. As can be seen from the timestamp on the photo’s, it was 5:58am and our flight gate was due to close at 7am (flight was 7:30am) and I was feeling anxious. The timestamp also shows I had stopped to avoid going into the wrong car park at 5:57:23 and followed the van at 5:58:07, therefore a total of 44 seconds. I didn’t look towards gaining any advantage by driving towards the wrong car park. Please note the postcode for the Imagine car park and the airport are the same, the driving instructions, which I had read prior to leaving and at the “dropoff/pickup” car park seemed to make sense, but I still couldn’t see the car park. Normally there would be signs to any private car parks. I made an appeal to VCS Ltd and on their online appeal form, there is a drop-down option for mitigating circumstances “to ask for directions,” however, this seems to be bogus and covert practice to get drivers to reveal their own identity only, it is not a legitimate option for mitigating circumstances. I provided VCS with all the above information with car parking receipt (with dates) for Imagine Parking and the boarding pass for the flight. I even explained the above to the first company debt collecting agency. As can be seen from the above, I tried to get VCS Ltd to cancel the PCN with sufficient mitigating circumstances, to no avail. I’m hoping the mitigating circumstances for turning my car away from the wrong car park for 44 seconds are sufficient to dismiss this claim, however if the courts are minded to the claim of a “breach of contract,” then I would like to contest it on the following basis:- I did not enter a contract knowingly and no terms were offered on arrival. I still haven’t seen the “contract” after 2.5 years. It was dark/dusk and the signs are not lit. Even if it was light, how can a driver read a contract written on the side of a road? How would anybody know they’re entering to a contract by driving on a road to an airport? As a matter of law, only the landowners can issue legal proceedings in their own name, VCS Ltd are not the landowners, merely agents with their own tort of law procedures for parking. If any damages did occur for maneuvering a car for 44 seconds, then how is the value of £160 reached? A parking charge notice was issued, however I did not park anywhere on the roads. The roads are governed by the highways byelaws and therefore VCS have no authority for these roads. I have received 13 letters from 4 different debt collecting agencies for a tort of law claim. I request this case be totally dismissed.
    • Hello,   I did my own research and spoke with the court before taking any action. They have advised me the same as AndyOrch that I'm going to get the judgement amended   I've also informed the bailiffs to suspend their enforcement. I'll keep you updated as to what happens.   Thanks for the help. I'm going to run everything by the court to ensure I don't make any mistakes   They have told me to fill in an N244 form. @Andyorch is this correct?
    • Sorry been a long day at work, but still dont get it.   87Need for default notice. (1)Service of a notice on the debtor or hirer in accordance with section 88 (a “default notice ”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement,— (a)to terminate the agreement, or (b)to demand earlier payment of any sum, or (c)to recover possession of any goods or land, or (d)to treat any right conferred on the debtor or hirer by the agreement as terminated, restricted or deferred, or (e)to enforce any security. (2)Subsection (1) does not prevent the creditor from treating the right to draw upon any credit as restricted or deferred, and taking such steps as may be necessary to make the restriction or deferment effective. (3)The doing of an act by which a floating charge becomes fixed is not enforcement of a security. (4)Regulations may provide that subsection (1) is not to apply to agreements described by the regulations. (5)Subsection (1)(d) does not apply in a case referred to in section 98A(4) (termination or suspension of debtor's right to draw on credit under open-end agreement).     88Contents and effect of default notice. (1)The default notice must be in the prescribed form and specify— (a)the nature of the alleged breach; FAILURE TO MAKE MINUMUM PAYMENT (b)if the breach is capable of remedy, what action is required to remedy it and the date before which that action is to be taken; £200 TO BE PAID WITHIN 19 DAYS (c)if the breach is not capable of remedy, the sum (if any) required to be paid as compensation for the breach, and the date before which it is to be paid. NO MENTION OF COMPENSATION (2)A date specified under subsection (1) must not be less than [F114] days after the date of service of the default notice, and the creditor or owner shall not take action such as is mentioned in section 87(1) before the date so specified or (if no requirement is made under subsection (1)) before those [F114] days have elapsed. 19 DAYS (3)The default notice must not treat as a breach failure to comply with a provision of the agreement which becomes operative only on breach of some other provision, but if the breach of that other provision is not duly remedied or compensation demanded under subsection (1) is not duly paid, or (where no requirement is made under subsection (1)) if the [F114] days mentioned in subsection (2) have elapsed, the creditor or owner may treat the failure as a breach and section 87(1) shall not apply to it. (4)The default notice must contain information in the prescribed terms about the consequences of failure to comply with it [F2and any other prescribed matters relating to the agreement]. THEY WILL TEMINATE AGREEMENT [F3(4A)The default notice must also include a copy of the current default information sheet under section 86A.] (5)A default notice making a requirement under subsection (1) may include a provision for the taking of action such as is mentioned in section 87(1) at any time after the restriction imposed by subsection (2) will cease, together with a statement that the provision will be ineffective if the breach is duly remedied or the compensation duly paid.    
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Private landlord, rent in advance question


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Hi hope someone can help me.

 

My friend was recently homeless and he found a HMO studio flat which was no deposit but required 4 weeks rent in advance (£396). He got a crisis loan for this.

 

In the meantime he applied for housing benefit which the local council sorted out prompty after 2 weeks. As he was unemployed he was entitled to £183 per fortnight (£366 month).

This has to be paid direct to the landlord.

 

So am i correct in thinking the first 4 weeks rent has been paid for twice? He is paying off the crisis loan at £5 per week out of his benefit. But surely the landlord should have returned the initial 4 weeks so it could be paid off the crisis loan?

 

My friend has been in the studio 2 months now and asked the landlord about it, the reply was there was only £80 credit and not anywhere near the £366! So its worrying where its gone!!

 

Also when he moved in there was black mould on the bedroom wall, they said they would fix it and replaster. Now they are saying they wont - all they will do is move the radiator off the opposite wall and put it on the wall that is damp!

 

My friend has been to CAB with some issues on his contract, like being responsible for maintaining the gas and electric ect....CAB said the contract was laughable and gave him the number of the local council housing officer. But my friend is reluctant to contact the housing officer because the previous tennants got evicted for complaining to the environmental health about the damp.

 

Would anyone on here be able to help put his mind at rest and clarify please

thank you

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  • 2 weeks later...

My advice is applicable only if the rented premises are entirely within England and Wales, and only if the occupier was granted a shorthold tenancy (under which he [and his spouse/partner/children if any] had exclusive use of a seperate dwelling, which is not shared with another tenant nor with the landlord) and he was over 18 years of age when the tenancy was granted.

 

 

Tenancy Deposit

 

am i correct in thinking the first 4 weeks rent has been paid for twice? He is paying off the crisis loan at £5 per week out of his benefit. But surely the landlord should have returned the initial 4 weeks so it could be paid off the crisis loan?

 

My friend has been in the studio 2 months now and asked the landlord about it, the reply was there was only £80 credit and not anywhere near the £366! So its worrying where its gone!!

 

 

If the tenant paid a deposit (which, in effect, is what he has used the crisis loan for), he should read the FAQs about the tenancy deposit scheme, under which he might be entitled to sue for compensation if he has a shorthold tenancy -

 

- Tenancy Deposit Scheme

 

- Tenancy Deposit Protection - First High Court Decision

 

- TDS eligibility, implication of breach and legal questions answered

 

 

The Court of Appeal decided in the case of Tiensia v Vision Enterprises that if the Landlord protects or repays the deposit even as late as the day of the court hearing, or at any time before judgement (if later), the court will not be able to award the penalty of three times the amount of the deposit.

 

This was NOT overturned by the High Court decision in Potts v Densley. Read the full transcript of the Judgement, in that link, as it will give you some idea of the Court's approach to this type of case.

 

The High Court in Potts v Densley was not bound by the Court of Appeal's earlier decision in Tiensia, because in Tiensia the landlord had protected the deposit at a time when the tenancy still existed; but the High Court in Potts nevertheless rejected the tenant's argument that the Act requires the landlord to protect the deposit before the tenancy ends [at paragraph 55 in the Judgement].

 

In Potts, the tenant might still have won, if she had raised the point that the landlord had failed to provide her with the prescribed information pursuant to section 213(5). But she failed to do so, thus the County Court judge never heard evidence on that issue; and on an appeal before the High Court the witnesses are not called to re-hash their evidence. The tenant was fatally mistaken in believing she could succeed in such a case without a Solicitor.

 

 

Suing for the penalty, or merely threatening to do so, might cause the landlord to return the entire deposit, without any deductions, thus resolving any dispute over disrepair; although the landlord could, alternatively, put the deposit into a TDS scheme instead, and then continue to argue for deductions for disrepair.

 

The Act expressly states that the parties to the tenancy cannot agree not to protect the deposit. So it's futile for the landlord to raise this defence - but many still try to!

 

While the deposit is not protected, any section 21 notice given to the tenant is invalid, so will not end the tenancy (but a section 8 notice can validly be given).

 

 

Also read the FAQ about what deductions the landlord can lawfully make from the deposit -

 

- Unfair deposit deductions

 

 

 

Disrepair

 

when he moved in there was black mould on the bedroom wall, they said they would fix it and replaster. Now they are saying they wont - all they will do is move the radiator off the opposite wall and put it on the wall that is damp!

 

 

If there is disrepair, the tenant might be entitled in law to sue the landlord for damages (i.e. compensation).

 

Read this FAQ - Disrepairs in privately rented accommodation

 

The existence of mere disrepair does not end the tenancy. Under section 11 of the 1985 Landlord and Tenant Act, the property must be kept in repair by the landlord to, at minimum, a standard that renders it "fit for occupation". In a case of serious disrepair, the Council's housing department - who have some legal powers even in a private letting - can certify a property as unfit for occupation. If they do so, there is an argument that the tenancy might thereby be ended, by the contractual principle known as 'frustration' of the contract. But if you can't obtain such a certificate in your case, then the tenancy can't be ended by the disrepair.

 

 

Beware of agreeing to pay for any item which is the landlord's responsibility to pay for. A shorthold tenant can be evicted on 2 months notice at any time, once the tenancy has been running for 4 months; so it never makes sense to pay for improvements to the premises.

Note

 

This is a self-help forum in which users share their experiences. Assistance is offered informally, without any assumption of liability. Use your own judgement; obtain advice from a qualified and insured professional if you have any doubts.

 

This posting gives general guidance only. It is not an authoritative statement of the law. Consult a Solicitor for specific advice before deciding on any course of action.

 

 

Further information:

 

Assured and Shorthold tenancies - A guide for tenants

 

Renting and Leasehold - Advice from Shelter

 

 

All posts are opinion only

 

 

If you've found my suggestions useful, please click on my star and add a comment

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