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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.  
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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
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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.
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Penalty Fare Notice


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Hi

 

I was issued a penalty fare notice for not having a valid ticket on a train.

 

I gave the inspector my personal details (I didn't have any ID on me) but when I have checked the notice later on, the date of birth they have put down is incorrect. They didn't ask me to check any details when they gave me the notice.

 

I have read the Railways (Penalty Fares) Regulations 2018 and am particularly interested around the Appeals procedure under section 16. Specifically s.16(3)(b) whereby it states:

 

"The grounds on which an appeal under this regulation may be made are that...the appellant is not the person liable for the payment of the penalty fare"

 

Considering that the notice is not strictly for me - as its not my DOB - would this meet the condition under s16(3)(b)?

 

In any case, it is worth an appeal on this basis?

 

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No, because the regulations state that you only need to provide name and address.

Any other particular will be just an extra bit of information. 

Besides, if you say that the inspector got your name and address right but the dob wrong, they coild turn around and say that maybe you disclosed the wrong dob (as many do).

Anyhow,  dob is not essential,  so the penalty stands, unless you find another reason to appeal.

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2 hours ago, courty61 said:

 

 

"The grounds on which an appeal under this regulation may be made are that...the appellant is not the person liable for the payment of the penalty fare"

 

 

 

 

But you are the person liable to pay the penalty fare. An error in the DoB the inspector wrote down doesn't make you a different person. If you were taken to court the person stopped for not having a valid ticket and the person in the dock in the Magistrates Court are the same human being. 

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As has been said, the DoB alone won’t get you off this one. If you’re saying it wasn’t you, that’s another matter. But it was you, so you’d be lying. Appeal anyway if you believe you have been hard done by, or believe the notice shouldn’t have been issued, you have nothing to lose. Unfortunately though, you’ll likely not win an appeal purely based on a gesture of goodwill.

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It wouldnt matter if they put the wromg address down, you are the SUBJECT of this so you cant claim that it is the wrong person. The blurb is so when someone give their mates name and address rather than their own the now ex mate can appeal and state that they are not the subject of the penalty fare etc.

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