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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
    • 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
    • Please provide advice on the following situation: I rented out my property to four students for 16 months until March 2024. Initially, the property was in very good condition, but now it needs extensive renovation. This includes redoing the bathroom, replacing the kitchen, removing wallpaper, and redecorating due to significant mould growth. The tenants also left their furniture on the grass, which is owned by the local authority. As a landlord, I've met all legal requirements. It seems the damage was caused by poor ventilation—windows were always closed, and heating wasn't used. There was also a bathroom leak fixed by reapplying silicone. I tried to claim insurance, but it was denied, citing tenant behaviour as the cause by looking at the photos, which isn't covered. The deposit barely covers the repair costs, or else I'll have to pursue money claims, which I've never done before and am unsure about its legal complications or costs. Any thoughts on this?
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      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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Insurance issues


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Hi. I'm having some major issues with insurance companies which I need help on trying to figure out my rights.

 

Firstly.

In August I needed to change cars as my old 2ltr Volvo had packed up on me.

I needed to get something cheap to run so was looking at the 1.5ltr range of second hand cars.

 

 

My insurance company was apparently unable to find brokers to insure me for anything without raising my current premium of £1500 per month to £2300 per month even for a smaller and cheaper car.

 

 

They came back to me with only one broker offering this inflated price and that was it.

I should mention that my situation hadnt changed since I took out the original insurance and it had only been a couple of months anyhow.

 

I had the choice of either pay the extra £800 or pay £550 in fines for early cancellation.

Can this be legal?

 

 

To only offer your customer one choice on insurance or cancellation.

I just feel I was forced financially into a situation as there is no way I could afford to drive with the premium offered.

I had to take the cancellation and now facing court action.

I'd just like to know my rights, if any on this.

 

Secondly.

After cancelling that policy I shopped around for another one.

Before purchasing online I rang that insurance company to check how many NCB I had accumulated.

I was told 2 which I asked to verify with an email.

 

 

I took a new policy out on that basis and haven't received the email to verify this yet.

I should have waited but needed insurance quickly so went ahead on that info alone.

 

I ring up 3 weeks later and ask for proof but now I'm told I have zero NCB points.

My current insurer says that will raise my insurance by £1800 to £3000 a year which I can't afford.

No car means no job for me as I live in the countryside so this is going to have a massive effect on my life.

 

 

Do I have any right to ask my previous insurance company to put things right here?

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That is a pretty shocking cancellation fee. Can you tell us on what basis they are demanding it? Is it in their contract? Please could you link us to the contract and also maybe tell us which paragraph it is.

 

Secondly, why is it that you thought you had two years no claims bonus and suddenly you have none at all? Have you had an explanation for this?

 

Also please look at this - http://www.consumeractiongroup.co.uk/forum/showthread.php?457747-Schedule-2-Part-1 especially 4A, 4A and 6A

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Hi. I'm having some major issues with insurance companies which I need help on trying to figure out my rights.

 

Firstly. In August I needed to change cars as my old 2ltr Volvo had packed up on me. I needed to get something cheap to run so was looking at the 1.5ltr range of second hand cars. My insurance company was apparently unable to find brokers to insure me for anything without raising my current premium of £1500 per month to £2300 per month even for a smaller and cheaper car. They came back to me with only one broker offering this inflated price and that was it. I should mention that my situation hadmt changed since I took out the original insurance and it had only been a couple of months anyhow.

So I had the choice of either pay the extra £800 or pay £550 in fines for early cancellation.

Can this be legal? To only offer your customer one choice on insurance or cancellation. I just feel I was forced financially into a situation as there is no way I could afford to drive with the premium offered. I had to take the cancellation and now facing court action. I'd just like to know my rights, if any on this.

 

Secondly. After cancelling that policy I shopped around for another one. Before purchasing online I rang that insurance company to check how many NCB I had accumulated. I was told 2 which I asked to verify with an email. I took a new policy out on that basis and haven't received the email to verify this yet. I should have waited but needed insurance quickly so went ahead on that info alone.

I ring up 3 weeks later and ask for proof but now I'm told I have zero NCB points. My current insurer says that will raise my insurance by £1800 to £3000 a year which I can't afford. No car means no job for me as I live in the countryside so this is going to have a massive effect on my life. Do I have any right to ask my previous insurance company to put things right here?

 

Suggest you register a formal complaint in writing about the change of car problems and being wrongly informed about NCB.

 

When you first approached this company about change of car, did you actually have a different car to Insure or were you just checking ? Was there a gap between getting rid of the Volvo and buying the new car ? Did you advise the Insurers at the time you got rid of the Volvo ?

 

You can ask full breakdown of the cancellation amount and the contract terms relating to cancellation. I suspect you are being charged short term rates and not pro rata. They might charge you say 40% of the annual premium, even if you have just been with them 2 months. You changed the contract by needing to remove the Volvo from cover and as you are not happy with their new premium for a different car, the cancellation will be subject to the policy contract terms.

We could do with some help from you.

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£1500 - £2300 per MONTH, good lord!!!!

 

...for a 1.5ltr

 

What is your job title? ......Sky Diver? ... Blind Stunt man/woman?

 

Do you live in Crime Capital, crime close and no1 criMe house?

 

Apologies for my sarcasim but your insurance per year is nearly £28k!!!??

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£1500 - £2300 per MONTH, good lord!!!!

 

...for a 1.5ltr

 

What is your job title? ......Sky Diver? ... Blind Stunt man/woman?

 

Do you live in Crime Capital, crime close and no1 criMe house?

 

Apologies for my sarcasim but your insurance per year is nearly £28k!!!??

 

I think its a typing error and means per year, not per month

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I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

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