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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.

      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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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Newlyn removed car for CTAX debt - but notice of enforcement is over 12 months old?


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This is an advice thread for the OP.

 

Perhaps you should raise the issue in discussion.

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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Guest Pink Tiger

Yes and the advice given is to fill in a p85 claim but no-one has actually given any practical advice. For example is there a form to fill in or is it just a letter from scratch? Should you quote specific legislation? Are there some generic details that are needed? Who do you send it to?

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Yes and the advice given is to fill in a p85 claim but no-one has actually given any practical advice. For example is there a form to fill in or is it just a letter from scratch? Should you quote specific legislation? Are there some generic details that are needed? Who do you send it to?

 

If you read my detailed post again, you should understand that each case is completely different. If you could please start a new thread outlining your own circumstances, then, like all others posters on here, you will receive full support and guidance.

 

It may assist you to read the following:

 

I was the person who put so much pressure on the government to introduce 'Part 85' claims into the CPR regulations almost three years ago.

 

My thread on this subject (from February 2014) is below.

 

http://www.consumeractiongroup.co.uk...s-on-6th-April

 

PS: To be more accurate, the CPR 85 regulations outline to procedure that must be followed, my input was to suggest Parts 84.4, Part 85.6 and Part 85.8. These specific sections provide for claims to be sumbitted without the need to court action. In my submissions, I provided the Rule Committee with approx 8-10 templates.

 

As I have explained earlier in this thread, I have significant experience with these applications.

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Guest Pink Tiger

I don't need a new thread. I want to know what this OP needs to put in his p85 claim and what isn't needed, who he sends it to, how long he's got, that sort of stuff. It would help others who find themselves in similar circumstances.

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As I have said above, anyone requesting assistance with their own applications, will get all the support they need when they post their own query on here. I am confused at to why you would 'want to know what the OP needs to put in his Part 85 Claim'. The poster is getting the support he needs. That is the end of the matter.

 

I will not be around for the rest of the day.

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Guest Pink Tiger

I see you edited your previous post. That link doesn't work.

 

I don't care about boasts, I just want to know what this poor OP needs to put in his p85 claim, as I'm sure the other names logging in and out at the bottom of the screen do.

 

Bailiff Advice said:
As I have said above, anyone requesting assistance with their own applications, will get all the support they need when they post their own query on here. I am confused at to why you would 'want to know what the OP needs to put in his Part 85 Claim'. The poster is getting the support he needs. That is the end of the matter.

 

I will not be around for the rest of the day.

 

Are they? How? In private? Why won't you allow us to see what advice he's been given?

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I have to remind you that BA does not have to help at all, she gives her advice free.

 

[edited]

Edited by honeybee13
Pejorative sentence removed.

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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Guest Pink Tiger

Excuse me? What purpose does that tone serve? I, and I'm sure others, just want to know what this OP needs to put in his p85 claim. It may benefit others. What is the problem with that?

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I do apologise, the link on page six works. I must have made an error when reposting on this page. I notice that the thread has been read an impressive 14,000 times !!!

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?418396-Third-Party-Goods-Interpleaders-and-the-serious-potential-to-damage-the-new-Bailiff-Reforms-on-6th-April

 

As I also said yesterday, I will be staring a new thread in the discussion area. It will touch upon Part 85 Claims and what information a claimant will need to provide to the enforcement company and the repercussions for the claimant if they bypass this procedure and issue an injunction instead.

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Excuse me? What purpose does that tone serve? I, and I'm sure others, just want to know what this OP needs to put in his p85 claim. It may benefit others. What is the problem with that?

 

You want this info, start you own thread. Perhaps someone may provide it to you.

 

This thread isn't about what you want, you are off topic on here.

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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Guest Pink Tiger

I'm not off topic. The OP was advised to do a p85 claim, but it was just left there. How does he do a p85 claim? How does anyone?

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Pink Tiger said:
Excuse me? What purpose does that tone serve? I, and I'm sure others, just want to know what this OP needs to put in his p85 claim. It may benefit others. What is the problem with that?

 

It helps the OP ??

 

Last one then I will ignore you.

 

BA has already stated that these are individual documents because every claim is different and that a template is not recommended.

 

This statement seems perfectly plain, so why do you want advice on how to do a template ?

 

I know you may want advice how to write a letter, and after seeing some of your efforts , you may be right in that.

But that is not the function of this thread.

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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Guest Pink Tiger

I'm not asking for a template. I just think it would be beneficial to others to see how the OP deals with his case. Others will no doubt find themselves in similar positions and will look for advice on the internet. Some people don't like signing up to sites.

 

There must be some generic parts to a p85 claim, such as which legislation should be quoted and how to keep it simple. I really, really don't understand the reluctance.

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I am curious, is it not a part 85 form is a standard letter submitted outlining the complaint but containing

a standard format, i.e date time and complaint, if so would this not be a template letter recognize by a court ?

 

I for one would like to see how one is set out, whether this is here or in a discussion thread.

 

Regards

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It is a subject for discussion, off the OPs thread, though ?

 

Perhaps the team could start a new thread entitled. Preparing CpR 85 Applications, or something, on discussion,and transfer the off topic posts on here ? Just a suggestion.

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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From what I see submitting Part 85 claims are specific to the person/goods concerned and not to be used willy nilly. Better to use this as a stop gap rather than have to go the full Interpleader route.

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I think the form of the application is not Imporant at least there is nothing about it in CPR.. it will be the content, and as said that will be highly specific

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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There is no one size fits all for this and you should read https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part-85-claims-on-controlled-goods-and-executed-goods for an understanding of what is required.

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A discussion thread on part 85 claims will be a waste of time as there are too many variables as only specifics need tp be addressed as each case is different. There will be few here that have done this and fewer still that have had to go the full Interpleader route.

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