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    • 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.  
    • they cant 'take away' anything, what ever makes you believe that?  dx  
    • 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
    • Welcome to the Forum I have moved your topic to the appropriate forum  Residential and Commercial lettings/Freehold issues Please continue to post here.   Andy
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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Open ceiling foreign body and liquid fall


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Visited a retail store today used toilet facilties. See pictures.

 

When you got to go you got to go.

 

Spend 90 minutes in store getting accident form recorded as 'water and foreign body has fallen from hole in ceiling hit him on head'.

 

Action taken toilet closed.

 

Environmental officer was phoned and has closed the toilet until tiles repaired stores retail risk and complience team have been in touch.

 

No first aider was offered.

 

While complaining manager threatened to phone police for harrasment until I phoned head office.

 

Accident happened at midday, environment officer has confirmed fault with tiles was reported three hours later. When he arrive the sanitary bin had been removed and also the company were unable to provide water test logs.

 

Stores defence we checked the toilets an hour before the tiles must have been stolen by customer.

 

Where do I stand???

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Which store was this ?

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Nelly, it might be worth taking this onto paper and off social media. Write directly to the chief exec, including copies of all evidence and communications so far and let their executive team deal with it. That was there's a proper, signed for, paper trail.

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They advise they will be in touch within 7 days, I would have thought it might have been better to wait to see what they had to say. If not a satisfactory resolution or they don't get in touch, then would be the time to send a letter before action.

 

You seem to have been pretty quick off the starting line by sending one already !

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They are refusing to speak to me about the incident and they are obliged to provide the information.

 

There response has been we don't have a duty to provide public toilets be great full that we do.

 

I spend all last night in hospital had emergency CT scan and on prochlorperazine.

 

They simply don't care.

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They advise they will be in touch within 7 days, I would have thought it might have been better to wait to see what they had to say. If not a satisfactory resolution or they don't get in touch, then would be the time to send a letter before action.

 

You seem to have been pretty quick off the starting line by sending one already !

 

 

They requested a formal letter from me however I added the letter before action title

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Then they'll likely say nothing, to apologise is to admit liability in their eyes.

 

To be honest, the whole what if it was a child/royal/elderly person is a bit cliche, concentrate on what did happen and your recovery, you've plenty of time to initiate legal action.

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I'm just so angry, social media has been powerful. 20 people have confirmed toilets been like that since December.

 

Shop manager implies I stole the tiles as toilet check an hour before was perfect yet they have no logs.

 

Side effects of medication prochlorperazine are horrific.

 

There happy sitting in there office chairs, I bet they would act quicker if it was there CEO.

 

I'm so glad the EHO served a closure notice. They have admitted it to the press as this has been picked up on social media and is being printed tomorrow.

 

I also feel violated they will speak to media but not me.

 

Legal action, Thats a long way off i agree however are they obliged to provide me their insurance details?

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Prochlorperazine is a phenothiazine drug. Most drugs in this category are used as anti-psychotics (neuroleptics).[2] Neuroleptic means "nerve seizing", and describes the semi-paralyzing effect these drugs have on the brain and nervous system. Stemetil is no longer being manufactured for sale in Canada as an anti-psychotic, but it is still available for treatment of nausea.

It is now relatively seldom used for the treatment of psychosis and the manic phase of bipolar disorder. It has a prominent antiemetic/antivertiginoic activity and is most often used for the (short-time) treatment of nausea and vomiting and vertigo as follows:

 

  1. To alleviate the symptoms of vertigo[3]
  2. As an antiemetic, particularly for nausea and vomiting caused by chemotherapy, radiation therapy and in the pre- and postoperative setting[4]
  3. In the UK, prochlorperazine maleate is available as Buccastem M in buccal form as an over-the-counter treatment for migraine.[5] In this indication it blocks the chemoreceptor trigger zone (CTZ) in the brain, which is responsible for causing severe nausea and vomiting. Its over the counter (OTC) use is strictly restricted to a maximum of 2 days, because of the potentially severe side effects of prochlorperazine, which mandate supervision by a health care provider.
  4. In the UK prochlorperazine maleate has been prescribed to alleviate the symptoms of labyrinthitis, which include not only nausea and vertigo, but spatial and temporal 'jerking' and distortion[6]

Source:http://en.wikipedia.org/wiki/Prochlorperazine

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If you're struggling with the side effects of prochlorperazine call your GP out of hours and ask for an alternative, it's an excellent anti-emetic but there are other treatments available for all of the symptoms you have in that list. It's used in over the counter migraine treatment (used it myself) but there are prescription only alternatives that might suit you better.

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  • 2 weeks later...

Righto.. if you can, please update once all is resolved.

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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