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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
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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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      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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Seasidelady V Halifax****WON 2 CLAIMS SETTLED IN FULL*******


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Florida hey.... I am several weeks behind you but you sound so relieved to have got over this hurdle. Hope the birthday parties went okay. Do the kids now this is what you have in mind or will it be a surprise? All the best Sally

 

 

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FILED 2ND CLAIM...!

 

I was going to wait but then i thought `sod it` its my money, why wait.!

This is the big one. I went back and the same woman was on again. She was very amused to see me again with another.

Must admit i was very pleased to be there again (with another claim :razz:)

 

She says there is a back log, so the claim i put in on wednesday hasnt gone thru yet, hopefully monday. I will let you know as soon as i hear anything.

 

I feel great knowing its all done for now, just the waiting game now.

And there is a niggle that something will crop up and i wont get it, but i recon thats normal at this stage.

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Thanx Doo. :D

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Just a quick update. I filed for my smaller claim last wednesday (3rd Jan), but still not heard anything. I have hust phoned the court to check that things are going as they should only to be told there is a huge back log due to christmas, and it might take another couple of weeks to get filed! :mad:

Looks like im still going to be here waiting next month.

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Feeling pessimistic are we? Now, you have claimed the daily interest havn't you? If you think you will not hear anything till then why not cheer yourself up by calculating how much extra money they will owe you by then. Chin up m'dear - this is the last throw of the dice. Florida beckons:D

 

 

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I might just do that, it might just cheer me up..! :D was really hoping to get it settled soon, but then again when its settled i will miss all this as i dont have any other bank accounts.

Although my niece is always getting charged...........;)

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You are so right sea-sidelady, when your account is settled you will miss all this, shame you have no other accounts. I have just started one off for hubby on our bill account. Maybe you will have to take the bank on for your niece, I am also doing my daughters at HSBC. Keeping fingers crossed for you that you get it all sorted soon......

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Got a letter from the court today. My smaller claim has been served....WAHOOOO...!!!

They have until 31st January to reply. :D

 

Things are moving again now.

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Almost..........its just out of reach!

I hope its not going to be a long wait, but knowing my luck.......

 

Waiting to hear of my big claim now, (maybe tomorrow ;) )

How are you getting on?

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What no credit cards, store cards finance agreements for buying freezers, furniture et al. How about Telewest or another cable company? They are all levying unfair charges. If the answer is no then I take my hat off to you for 'managing your affairs correctly' to plaguerise the banks. Never moved your mortgage?

 

It's half-term soon, so I bet you will have good news by then.

 

 

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nope, none of the above. I was always careful. Until these clowns decided to dunk me. But not any more he he he he

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Well i recieved a letter from the court today. My larger claim has now been served today 22nd.

 

They have until the 5th Feb to reply.

 

So i guess i will just have to sit back and wait now. So close yet still so far...........

 

Ps, my niece has decided to do her charges, 5 banks..!!!:eek: :eek:

So i guess i will be around for a while longer :D

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Hi sea-sidelady they had untill today to defend but they havint yet. Getting worried now but will keep the faith hopefully wont be long now. what do you think i should do phone them and ask if they are going defend or just ask the judge for a judgement. Its exciting and scary now eh. Hope Your claims are going well and shouldint be long for you now. mac

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I WON..... WAHOOOOOOOOOOOOOOO..!!!!!!!!!!:D :D :D

 

Well half of it.

 

I have 2 claims in.

1 for £1,426

And 1 for £5,936

 

They had till tomorrow too acknowledge the smaller one. I have just checked my bank and there it is.......! :D :D

 

So they have until the 5th of Feb to acknowledge the large one. Bring it on..:D

Daughter birthday tomorrow, we having a really good day now!

 

 

 

 

Any one not sure about going the whole way and getting the added interest. Go for it!

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:) wow well done,

i am still waiting for a repsonse from the halifax, they have acknowledged the claim but so far not contacted me, will chekc my account though every day and see.

23rd oct - sent data protection letter to halifax

08th jan - mcol issued.

13th jan - halifax served.

29th jan - halifax acknowledged claim.

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Well done seaside lasy.

 

Iv just had a lady call me from halifax, i have one claim going through for 2 accounts. Account 1: £853 Account 2 : £1663 she has offered full payment for the 2nd account (which is higher) and £650 for the 1st account. I said i would accept the full amount for the second account and part settlement for the 1st account. but will still go for the remaning £200. Is this right, she said to me 'Ok thank you for your time' and then hung up. I dont know whether she thinks i said i dont want to accept the offer for the 2nd account because she didnt say she will send me anything in the post? What shall i do?

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