Jump to content


  • Tweets

  • Posts

    • Items for sale include five rare Ferraris and a pair of Air Jordan sneakers signed by Michael Jordan.View the full article
    • TECHZONE BUXTON LTD overview - Find and update company information - GOV.UK FIND-AND-UPDATE.COMPANY-INFORMATION.SERVICE.GOV.UK TECHZONE BUXTON LTD - Free company information from Companies House including registered office address, filing history, accounts, annual... thread title updated. dx
    • next time dont upload 19 single page pdfs use the sites listed on upload to merge them into one multipage pdf.. we aint got all day to download load single page files 2024-01-15 DBCLegal SAR.pdf
    • If you have not kept the original PCN you can always send an SAR to Excel and they have to send you all the info they have on you within a month. failure to do so can lead to you being able to sue them for their failure.......................................nice irony.
    • Thank you and well done  for posting up all those notices it must have have taken you ages.. The entrance sign is very helpful since the headline states                    FREE PARKING FOR CUSTOMERS ONLY in capitals with not time limit mentioned. Underneath and not in capitals they then give the actual times of parking which would not be possible to read when driving into the car park unless you actually stopped and read them. Very unlikely especially arriving at 5.30 pm with possibly other cars behind. On top of that the Notice goes on to say that the terms and conditions are inside the car park so the entrance sign cannot offer a contract it is merely an offer to treat. Inside the car park the signs are mostly too high up and the font size too small to be able to read much of their signs. DCBL have not shown a single sign that can be read on their SAR. Although as they show photographs which were taken the year after your alleged breach we do not know what the signs were when you were there. For instance the new signs showed the charge was then £100 whereas your PCN was for £85. Who knows, when you were there perhaps the time was for 3 hours. They were asked to produce  planning permission which would have been necessary for the ANPR cameras alone and didn't do so. Nor did they provide a copy of the contract-DCBL  "deeming them disproportionate or not relevant to the substantive issues in the dispute" How arrogant and untruthful is that? The contract and planning permission could be vital to having the claim thrown out. I can find no trace of planning permission for the signs nor the cameras on Tonbridge Council planning portal. and the contract of course is highly relevant since some contracts advise the parking rouges that they cannot take motorists to Court. I understand that Europarks are now running that car park which means that nexus didn't  last long before being thrown out.....................................
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      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.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      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
        • Like
  • Recommended Topics

estoppel


tiger7861
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3607 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

  • Replies 296
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

  • 2 weeks later...

Latest the ex daughter in law know wants to do a deal if I do a deal can she start proceeding against my son as they are divorced but the financial side at the time was not she did not make any claim for eg she can say this was a gift ( house) and issue proceedings another reason not to move out

Link to post
Share on other sites

Remind me does the son still have a share in the house tiger7861? What basis would she have to bring a claim against your son?

 

The other question is whether allocation of property was dealt with as part of the divorce, for example as part of some sort of agreement.

 

If there is still concern you could make it a term of any settlement that she will not bring a claim against your son. You would need a written agreement which your son either signs in exchange for 1pound, or the agreement states that your son is intended to be a third party beneficiary pursuant to the Contract (Rights of Third Parties) Act 1999.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Link to post
Share on other sites

Remind me does the son still have a share in the house tiger7861? What basis would she have to bring a claim against your son?

 

The other question is whether allocation of property was dealt with as part of the divorce, for example as part of some sort of agreement.

 

If there is still concern you could make it a term of any settlement that she will not bring a claim against your son. You would need a written agreement which your son either signs in exchange for 1pound, or the agreement states that your son is intended to be a third party beneficiary pursuant to the Contract (Rights of Third Parties) Act 1999.

To say it was a wedding gift back to square one may be

Link to post
Share on other sites

If your son never owned the house its very difficult to see how she could bring any sort of claim against the son in relation to the house, unless I am missing something. It would be very difficult to argue that the son owns it when she has already brought the claim against you.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Link to post
Share on other sites

If your son never owned the house its very difficult to see how she could bring any sort of claim against the son in relation to the house, unless I am missing something. It would be very difficult to argue that the son owns it when she has already brought the claim against you.

 

I issued her with notice to evict she claimed this estoppel know they may be a compromise is there a way she says this is a wedding gift and prolongs moving

Link to post
Share on other sites

first what sort of deal does she want; I expect money in exchange for dropping the case? and any future claim in any respect!

I your are not happy in any way let the case continue and settle it once and for all!

Link to post
Share on other sites

I issued her with notice to evict she claimed this estoppel know they may be a compromise is there a way she says this is a wedding gift and prolongs moving

She can say what she likes. I can say I am the Queen. It doesn't sound like anyone would believe her though.

 

Ultimately if she won't move you will have to evict her.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Link to post
Share on other sites

Question has already been answered in posts 229 and 231. Yes in theory she can make a claim but it seems unlikely as difficult to see on what basis the claim would be made.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Link to post
Share on other sites

Question has already been answered in posts 229 and 231. Yes in theory she can make a claim but it seems unlikely as difficult to see on what basis the claim would be made.

If she settles with me can she turn back and then say my son has an interest in the property

Link to post
Share on other sites

If she settles with me can she turn back and then say my son has an interest in the property

In theory she can. The only way to stop her would be to include a clause in the Tomlin Order to the effect that she shall not make any more claims in relation to the property and/or any claim against your son.

 

She can also say that the Queen is a chicken and she'd like a royal omelette. To be honest as she has already sued you about the property I don't think anyone would take a claim against your son that seriously. Its theoretically possible but sounds unlikely.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Link to post
Share on other sites

In theory she can. The only way to stop her would be to include a clause in the Tomlin Order to the effect that she shall not make any more claims in relation to the property and/or any claim against your son.

 

She can also say that the Queen is a chicken and she'd like a royal omelette. To be honest as she has already sued you about the property I don't think anyone would take a claim against your son that seriously. Its theoretically possible but sounds unlikely.

If I offer her the money can she refuse and go to trial

Link to post
Share on other sites

She can always go to trial. If she does so despite having already been awarded the money, the judge should not award her legal costs (or at least not costs from when the offer was made).

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Link to post
Share on other sites

Good news I'm glad this is (nearly) resolved for you.

 

So if I get an enforceable possession order can she make any other application for eg against my son saying he has an interest even though deeds are not in his name and never have been

Link to post
Share on other sites

tiger I've already answered this question several times. In theory she can make a claim against your son, but it sounds very unlikely this claim would convince anybody.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Link to post
Share on other sites

tiger I've already answered this question several times. In theory she can make a claim against your son, but it sounds very unlikely this claim would convince anybody.

I issued her the evict notice so I started this what do you mean this claim would convince

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...