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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
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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
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Neighbour complaining about my "noise"?


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I'm almost embarrassed to post this, as it's not as huge a problem as some people have with their neighbours... but I could use some advice as to how to delicately handle a situation that has developed with my downstairs neighbour. I guess this is about tackling a small problem before it becomes a bigger one.

 

I've recently moved into a new flat. The building itself is a 1960's built, 3 storey, purpose built block of flats. The walls seem quite thick: no noise of any kind is heard from the people either side of me, and I assume vice versa. But the floors are a different matter, and it seems that sounds travel much further up and down than they do from side to side.

 

I'm on the top floor. My downstairs neighbour, directly below me, is a lady in her late 60's who lives alone. She's begun complaining to me about my noise levels. The thing is, I'm not particularly a noisy person: I live alone; I'm in my early 50's; I don't have wild parties, or large groups of friends around; I don't even have a TV! I work from home, on my computer, which is mostly silent; I have no pets; I mostly read for entertainment. The floors in my flat are fully carpeted. It sounds boring, but I live a quiet life.

 

However, my neighbour complains that she can hear me on the phone late at night (so I sometimes get a call after 10PM: why should this be a big deal?). She also complains that my alarm clock wakes her in the mornings, apparently "ringing for 20 minutes". Yet, if it's ringing for 20 minutes, then clearly it's not loud enough to wake me!

 

She also complains that sometimes I play music too loud. Now, this last bit is sort of true: I am aware that sounds carry in the building, and I have a lady friend who visits once or twice a week: I do turn the music up slightly louder than I would normally, because it masks sounds that I think my neighbour would prefer not to hear, if you get my meaning:) However, it's music that's appropriate to the situation (i.e. "romantic"), not full-volume Death Metal LOL.

 

Nevertheless, everything's usually quiet by 10-10:30pm at the latest.

 

The really ironic thing is that we live only a couple of miles from Heathrow airport, directly under a flight path: low-flying planes are constantly screaming overhead every 10 minutes or so! Yet, this doesn't seem to bother her!!! (You do get used to it, I suppose).

 

I should add that I can sometimes hear her TV, or hear her on the phone, or flushing her toilet too; it's just I don't find these sounds as intrusive as she seems to.

 

My neighbour owns her flat, while I am only renting. I'd like to somehow handle this in such a way that it doesn't damage our relationship further, and she starts complaining to my landlord. Personally, I'd prefer to tell her to **** off, and to buy some ear plugs, but maybe there's a politer way of saying this... any suggestions?

 

Less flippantly, I'm assuming I have a legal right to a reasonable quality of life, which includes making a reasonable amount of noise, and that I shouldn't have to tip-toe round my own home talking in whispers all the time. Some clarification on this would be most useful....

 

Many thanks...

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Hi there. There is a program on BBC called Noise Squad, cant recall when it's shown but you can view it on iPlayer, its quite interesting and does point out various aspects of law...and whether noise can be considered a 'nuisance' which incidently can be at any time.

 

Is the flat rented or bought ?. If rented there may well be a contract of conditions which may mention noise or if bought, is it leasehold ?...most leases have quite a lot of conditions about noise, ie..no pets, no wooden floors, no music after 11pm, etc, etc

 

Unfortunatly some flats just dont seem well insulated, my neighbour above has recently moved and rented out her flat, now all of a sudden I can continually hear them..it sounds as if they are running about in boots all day whereas before the previous tenant was virtually silent.

 

Andy

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Hi Alastrum,

Just wanted to say that sometimes some people just like complaining. They feel it gives them the upper hand and makes them feel superior. I've had this a few times in various places that I've lived.

First house (iwas a council tenant) and neighbors had bought their council house for about 2p years ago so felt that every time my kids played ball in the garden etc, they could call council and say we were being a nuisance. What they were trying to get really was a new fence off the council by saying my kids had ruined it by kicking a ball against it constantly (they didn't as I wouldn't allow them to do it).

We were lucky enough to be able to buy our house a few years back, however it's not been plain sailing here either with one neighbour (everyone else lovely).

First complaint: we own a second hand bouncy castle and she asked one summer for me to turn it off when it wasnt being used (kids had popped out for a bit). I honestly thought she was knocking to borrow it which she could of as she has twins of 7. When I asked why shecouldnt answer me.

2/ she complained about my elder daughter!s friend parking near the end of her drive (not near the 1metre dropped kern bit that she has though)! This has been ongoing.

3/ icing on the cake this year has her been screaming and swearing through the walls during the night as my son has been screaming/crying during the night. Just to add that my son has been under the care of great Ormond street hospital for a gut problem for the past year hence the unsettled nights (she is aware of this). now if he cries over anything she has made me completely paranoid.

Sorry for the rant! But my point is some people just get off on the fact that they can rule how you live your life. It is in fact bullying and I've found that as soon as you give into it then that's it. Consequently, I am now desperate to move as I feel she (who is younger than me by the way-late 30's) is just waiting for the next thing to start on.

And honestly when I say that this house shuts down by 9 as I take my 2 youngest to bed and the eldest is up by 5 am for work each day.

Good luck with whatever action you decide to take :)

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Thanks for your responses. It's clear from the links that my "noise" isn't really a nuisance, despite my neighbour's complaints. I doubt very much if Environmental Health would consider me talking on the phone or my alarm clock going off an excessive or unreasonable noise. And yes, she is a bit of a busybody, she's the one in the block who seems to know everyone's name and what they do etc. I could understand this if I was a 19 year old student living with 3 mates, coming back late, drunk etc etc but this is just not the case. And I refuse to live in fear of upsetting her: it's not my fault the building is constructed this way, nor is it my fault she's such a light sleeper.

 

I think I'll write a polite, but firm, note pointing this out, and will suggest she buys some ear plugs.

 

Thanks for your comments.

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At the end of the day, if you are making too much noise too often, the complainants would have to collect evidence against you to take action, and if you are not making noise then you have nothing to worry about because there will be no evidence.

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  • 3 years later...

weespoon, I will move your post to a thread of its own - I will leave a link here for you and others. This thread is quite old and unlikely to have any more viewers.

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Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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  • 1 month later...

upstairs neighbors never think they are noisey this is a big issue.

if youa re walking in shoes stop and buy soft sole slippers and walk slower but dont tiptoe u dont need to do that

the other things like a little music ect and on the phone she is being unreasonable

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Thread closed, this one is past its sell by date

 

Flowers, you can comment on the thread linked above to further help the member with his current issue

 

Regards

 

SS

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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