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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
    • Update 15th March the eviction notice period expired, and I paid my next month rent along with sending them the message discussed above. After a short while they just emailed me back this dry phrase "Thank you for your email." In two weeks' time I'm gonna need to pay the rent again, and I have such a feeling that shortly after that date the contracts will be exchanged and all the payments will be made.  Now my main concern is, if possible, not to end up paying rent after I move out.  
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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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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Criminal Damage where do I stand?


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On Saturday night next door but one had a party for their 15yr old girl and as usual by 10pm underage drunken kids spilled into the street shouting ect, one particular boy obviously having a row with his girlfriend kicked the wing of my car and punched the quarter panel causing a large dent in the wing and a fist indentation on the quarter,being dark,I came out of my house But couldn't see the damage as it was dark but of course see it Sunday morning,I then knocked at the house where the party was and asked for the boys name,the girls mother got quite irate telling me it was gate crashers & it's nothing to do with her and what the f*** do I want her to do about it by then my wife got involved and the woman backed off but said she didn't know who the kids in the street were, I spoke to the other neighbours who all witnessed it and said they heard one boy say 'not the car!!" then heard a bang then said they saw 2 girls come from the house and say " get him inside" and took him into the house, the mum and dad say they were in the house all night but I don't believe them as there was up to 20-25 kids running up and down with bottles of Archers,cider ect all drunk witnessed by myself and my other neighbours,

I have reported criminal damage to the police and my neighbours are willing to make statements, we know the boy came from the party and went back to the party as was witnessed so if they don't name him would the girls parents be responsible as these were all kids drunk and underage and under their supervision? Had a quote to repair the damage £537 + Vat,insurance is £300 excess for criminal damage and I'm fuming why should I have to pay when it's no fault of mine! Police have said unless the boy owns up nothing they can do and even if he does they can't force him or his parents to pay for the damage! No wonder this country is going to the dogs,

Are the neighbours holding the party liable?

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i would have thought as it was a party for youngsters, the the parents of the house would be responsible for the actions of the guests.

 

just a thought..sure others with more knowledge should be able to advise

 

This is moving away from criminal law and into civil law.

 

Generally there is no duty of care owed by Person A to prevent loss or damage to Person B which is caused by the deliberate actions of Person C.

 

There are certain circumstances where a duty of care may exist however I don't see that any of those apply here... maybe someone will swoop in and say different.

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Not quite true the the person responsible cannot be made to pay. If he is prosecuted for criminal damage, you can put in a request to Magistrates for a restituition order, for you to be repaid the relevant sum related to the damage they caused.

 

The way to proceed here is to embarass the parents of this house into dealing with the situation. You could put a leaflet together to put through the doors of all your neighbours, just stating the facts of what has happened. You could also put information online, but obviously not here, as CAG would not allow names and addresses to be posted.

 

You could also put in a complaint to the local council authority about what has happened e.g anti-social behaviour. parents allowing children underage to drink alcohol, which led someone damaging your car. The local council authority may have a team that deals with these situations.

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Neighbours child admitted criminal damage to our property and admitted it to the police. He then changed his mind but we wouldn't let it drop. Went to court and the mags believed us and he was ordered to pay for the damage and we received our money. Quite frankly the police aren't interested in criminal damage and they'll tell you anything to make you go away. In our case the teenager had attacked the police so they were a little more interested.

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If the same thing had happened before that might be a reason for saying the parents are liable, but if this was the first occasion unfortunately I think they probably aren't.

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