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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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      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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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.

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      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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      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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bobtheb v Barclays **WON**


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Now had a reply to my rejection of offer letter:o

''if you do not wish to accept this offer and you now intend to start legal proceedings it would appear we are unable to reach an amicable resolution ''

Basically ,see you in court:eek:

:grin:amount WON so far £15,021.27(12 claims):D

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  • 4 weeks later...

Their last date for replying was 10/11 ,because of the weekend I suppose I will hear from the court tomorrow ,that they acknowledged at the last moment as usual:mad: If not I will ring the court and if they havnt heard anything ,apply for judgement

:grin:amount WON so far £15,021.27(12 claims):D

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  • 3 weeks later...
  • 2 weeks later...
  • 3 weeks later...

:DI have got an offer of settlement, I havnt even rang them yet.Im just going to check the figures but they don' t look a million miles away:D

:grin:amount WON so far £15,021.27(12 claims):D

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Well done, I handed my AQ in on 2nd December and still dont have a date. I called the court and they said the district court requested the form and is dealing with it. Whatever that means.... Birmingham seem to be a lot slower, being a large city may have more claims... who knows.

 

As said, well done!!

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Well done!

 

My AQ deadline was the 1st December and I am still waiting to hear back from the court! Spoke to them on thurs and they said I should hear something by the end of the week/beginning of next!!

Barclays - Prelim Sent for £980

23/09/06 - LBA sent for £1000

05/10/06 - Received offer of £500

10/10/06 - MCOL Served for £1244.01

18/10/06 - Acknowledged by Barclays

20/11/06 - AQ Returned to Stockport Court

REFUNDED IN FULL

Capital One - Received Statements

Prelim sent 20/10/06 - £632

Offer received 03/11/06 - £248

Partial settlement and LBA sent 07/11/06

2nd letter from Cap 1 18/11/06

MCOL filed 21/11/06 £864

WON! REFUNDED IN FULL

Halifax - Received Statements

Prelim sent 09/10/06 - £836

28/10/06 - Offer received £568

Settled.

Egg - S.A.R - (Subject Access Request) sent 22/11/06

 

MR HOLLYDOLL

Barclays - S.A.R - (Subject Access Request) sent 22/11/06

prelim sent

lba sent

moneyclaim filed

Barclaycard - SAR sent 22/11/06

prelim sent

lba sent

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Hi Bob - Congrats on your win !

 

I am at the moment filling out the allocation questionnaire for my Barclays Claim and wondered if you could help me with a query.

 

When I send it back to the court with my £100 do I also attach a schedule of charges (I have already sent a copy to the court when I filed on MCOL).

 

Many thanks :)

Barclays -

* S.A.R - (Subject Access Request) hand delivered 27/10/06

* Statements Received 1/11/06

* Pre Lim letter hand delivered 2/11/06

* MCOL Filed, Acknowledged & Defended

* N149 Submitted 24/01/07 (Due 26/01/07)

* ???? Still awaiting court date !

 

Halifax -

* £105.00 Settled in Full after LBA

 

Barclaycard -

* £60.00 Settled in Full after LBA

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Hi Bob - Congrats on your win !

 

I am at the moment filling out the allocation questionnaire for my Barclays Claim and wondered if you could help me with a query.

 

When I send it back to the court with my £100 do I also attach a schedule of charges (I have already sent a copy to the court when I filed on MCOL).

 

Many thanks :)

 

Sorry, but I would attach the schedule to the AQ. Even if it has already been sent to MCOL, I would make sure that the local Judge sees it too. After all, you want the Judge to see that there IS a case for the Bank to answer. The Judge WILL want to see it so rather than waiting for the Judge to ask, pre-empt the request and provide it first.

 

If you've sent off your AQ, my advice is that you send them the schedule with a covering letter quoting the Court claim number and ask that it's put on your file.

To follow my case progress, click here to see where I'm at right now.

 

Welshman

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That is great - many thanks for your advice.

 

I haven't sent the form off yet so I will make sure I attach the schedule.

 

One final question - would you recommend that I send a copy again to Churchill Place of the schedule ? Also I read somewhere that somebody sent a copy of the N149 to Barclays too.

 

Thanks :) :)

Barclays -

* S.A.R - (Subject Access Request) hand delivered 27/10/06

* Statements Received 1/11/06

* Pre Lim letter hand delivered 2/11/06

* MCOL Filed, Acknowledged & Defended

* N149 Submitted 24/01/07 (Due 26/01/07)

* ???? Still awaiting court date !

 

Halifax -

* £105.00 Settled in Full after LBA

 

Barclaycard -

* £60.00 Settled in Full after LBA

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  • 3 weeks later...

Good grief Bob, I just can't keep up with you and all your winning claims!:p

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro 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.

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I settled for statutory,they were wiliing to pay without argument,and i needed the money:DI didnt want to antaganise Barclays unnecessarily,they are my main bankers.Morgan Stanley paid contractual,but have closed my account:(

:grin:amount WON so far £15,021.27(12 claims):D

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