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    • The case against the US-based ride-hailing giant is being brought on behalf of over 10,800 drivers.View the full article
    • I have just read the smaller print on their signs. It says that you can pay at the end of your parking session. given that you have ten minutes grace period the 35 seconds could easily have been taken up with walking back to your car, switching on the engine and then driving out. Even in my younger days when I used to regularly exceed speed limits, I doubt I could have done that in 35 seconds even when I  had a TR5.
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    • Thank you for posting up the results from the sar. The PCN is not compliant with the Protection of Freedoms Act 2012 Schedule 4. Under Section 9 [2][a] they are supposed to specify the parking time. the photographs show your car in motion both entering and leaving the car park thus not parking. If you have to do a Witness Statement later should they finally take you to Court you will have to continue to state that even though you stayed there for several hours in a small car park and the difference between the ANPR times and the actual parking period may only be a matter of a few minutes  nevertheless the CEL have failed to comply with the Act by failing to specify the parking period. However it looks as if your appeal revealed you were the driver the deficient PCN will not help you as the driver. I suspect that it may have been an appeal from the pub that meant that CEL offered you partly a way out  by allowing you to claim you had made an error in registering your vehicle reg. number . This enabled them to reduce the charge to £20 despite them acknowledging that you hadn't registered at all. We have not seen the signs in the car park yet so we do not what is said on them and all the signs say the same thing. It would be unusual for a pub to have  a Permit Holders Only sign which may discourage casual motorists from stopping there. But if that is the sign then as it prohibits any one who doesn't have a permit, then it cannot form a contract with motorists though it may depend on how the signs are worded.
    • Defence and Counterclaim Claim number XXX Claimant Civil Enforcement Limited Defendant XXXXXXXXXXXXX   How much of the claim do you dispute? I dispute the full amount claimed as shown on the claim form.   Do you dispute this claim because you have already paid it? No, for other reasons.   Defence 1. The Defendant is the recorded keeper of XXXXXXX  2. It is denied that the Defendant entered into a contract with the Claimant. 3. 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 simply contracted by the landowner 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. Accordingly, it is denied that the Claimant has authority to bring this claim. 4. In any case it is denied that the Defendant broke the terms of a contract with the Claimant. 5. The Claimant is attempting double recovery by adding an additional sum not included in the original offer. 6. In a further abuse of the legal process the Claimant is claiming £50 legal representative's costs, even though they have no legal representative. 7. The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all. Signed I am the Defendant - I believe that the facts stated in this form are true XXXXXXXXXXX 01/05/2024   Defendant's date of birth XXXXXXXXXX   Address to which notices about this claim can be sent to you  
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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.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
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      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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please can you help - EVICTION SUSPENDED


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OK, firstly you need to complete a budget sheet so the judge can see how you will afford payments going forward - I have affixed the sheet we normally use in these cases. Let me know when you have completed it.

 

I will affix the N244 and instructions for completing it when you have done the budget sheet and advised how much you are offering to pay each month.

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Do you have any medical evidence of your current condition which will explain why you are off sick and only able to pay £50 per month?

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OK, you say you are trying to get a £500 payment by Wednesday - it would be best to wait until you can confirm the payment is definite before putting the form into court. It won't take long to do the N244 form and I can draft a statement to go with it - do you have a printer at home?

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OK, catch up with you tomorrow?

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dear Ell-enn,

 

 

i spoke to my family and friend i can arrange a lump sum payment of 1000 end of next month.

 

i have doctor note that state I will be off for another 6 week more week before i return to work.

 

i also i have letter from my mortgage company saying i am doing extremely well paying off my arrears. i have never broke arrangement with them since it was set up which can be shown to the judge also.

 

 

at the moment i can pay only 50 pounds towards the loan till i go back to work.

 

do you think i will be able to save my house.

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Hi, do you mean you will be able to pay £1000 at the end of November or December?

 

What reason do you want to give for non payment for 3 years?

 

Are there any children living in the property ?

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Is the account in joint names?

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Are there any children living in the property?

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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OK. Affixed is the N244 form and below are the instructions for completing it - I will affix the statement and instructions in the next post.

 

1.Your names

2. Tick Defendant

3. Suspension of eviction

4. No

5. Tick at a hearing

6. 15 minutes

Agreed by all parties: No

7. Write - Not applicable

8. District

9. Both Parties

10. Tick box for attached witness statement

Cross out all options except The Applicant Believes

Sign and cross out all options except Applicant

11. Sign and cross out all options except Applicant. Enter your address and contact details.

n244_0400.pdf

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Affixed is the statement to go with Q.10 – you need to fill in the information where there are XXX's at the top of the statement (the information will be on the eviction warrant) - read it through carefully to make sure all the info is correct and to fill in the name where there are other XXX's in the statement. When you print it out the printer needs to be set for A4 paper (not Letter size) so it all fits on one page.

Photocopy the proof of absence from work and on the top left hand corner write the Claim Number then on the top right hand corner write Appendix 1. Do the same on the budget sheet except it will be Appendix 2.

 

Now assemble as follows:

N244.. completed.

Statement – signed

Appendix 1 – Proof of sickness absence

Appendix 2 - Budget sheet

 

This forms the pack to take to court. Make sure it is stapled securely together. Before handing in to court take a copy of it all for yourself to refer to in the hearing. When you hand it in to the court you will need to pay a fee of £40 and it will have to be in cash (take the eviction warrant with you). They should be able to give you a date for the hearing while you are there – also ask them if they have any duty legal reps who will be there on the day of your hearing – if you approach them about your case when you get there on the day they can accompany you into the hearing and speak on your behalf.

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No problem, let us know what date the hearing is.

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Thanks for letting us know - did you ask at the court if there were any duty legal advisers there on Monday?

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hi ,

 

today i received the the claimant defence,

 

The have stated lot of untruthful things. the claimant stated that they tried to take the fund out of my account but the direct debit was returned unpaid. this is untrue because the direct debit was set for the second of each month and i get paid on the first Fund where always available.

 

The claimant also stated that i was given lots of reminders, ( letter have been given as evidence) i have not seen any of these reminders.

 

the original amount which i owed was 11k the amount has now gone up to 18k. more interest and legal cost have been added.

how can i bring this back to 11k

 

it also say i should sell my house to pay off my creditors. but my property has negative equity, i wont even be able to pay off my mortgage lender.

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