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    • 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
    • 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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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • 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.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

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

 

I have just began my claim. I sent off my letter asking for my charge details and £10 cheque on 26th Feb by recorded delivery and am still waiting for them to arrive, the cheque has not yet been cashed.

 

I am claiming on 3 accounts, my graduate account, my current one and a joint one. Can I claim on all three at the same time?

 

Thanks

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Hi

 

I have just began my claim. I sent off my letter asking for my charge details and £10 cheque on 26th Feb by recorded delivery and am still waiting for them to arrive, the cheque has not yet been cashed.

 

I am claiming on 3 accounts, my graduate account, my current one and a joint one. Can I claim on all three at the same time?

 

Thanks

Hello,

 

I would certaining be giving them a ring and find out why you cheque has not been cashed. Your request may have been lost in the thousand of SAR they are receiving at the moment:lol: Poor things.

 

Once they cash the cheque they cannot deny that they have received your sar and once they cash it they have entered into a legal contract with you to supply you with the information under the DPA:lol:

 

You need to be firm and do this

 

Hope this helps and good luck

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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Once they cash the cheque they cannot deny that they have received your sar and once they cash it they have entered into a legal contract with you to supply you with the information under the DPAlaugh.gif

 

I wouldn't so much say it's a contract to provide the data, more a statutory requirement (which carries more weight) and you'll be pursuing them for non-compliance if they don't meet the statutory time limits.

If in doubt read the

FAQs

 

If still in doubt - ask!

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Customer Relations Unit

225 Shenley Road

Borehamwood

WD6 1TE

this is the address i sent it to marcuz.

I will phone tomorrow to remind them I'm still waiting, there are so many numbers on the contact pages, am I best to ring Customer Relations department on 0845 6052605?

Thanks for all you help

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I rang Natwest today to enquire about the whereabouts of my statements. They said they had no record of recieving the letter but as I had the proof it was signed for the customer relations unit will contact me in about 48 hours.

 

If they have lost it in the backlog they said they have, do I have to start again or do they still have to comply to the 40 days?

 

Thanks

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Guest NATTIE

no they will have forwarded it onto the Goggarburn address, but they have 40 calender days to comply so that is April. A sar is not just statements it is everything the bank hold on you.

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Guest NATTIE

firstly start a new thread for yourself, top left on the natwest forum and then you will get the address on your thread as we wouldn;t want carly to get upset that you are hijacking her thread, ok?

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  • 2 weeks later...

I recieved some of my statements yesterday, I got all of the statements for my graduate account in a non ripped jiffy bag! Then in a separate envelope I recieved statements from feb 05 to now for my current account even though it has been open over 6 years, and nothing for my joint account. Also my cheque has not yet been cashed.

Is it common to recieve statements all packaged separately or should I remind them of the rest of my request?

Also I have added up my charges for the graduate account and have just over £1000, would people advise going ahead with that claim or keep all three accounts together?

Thanks!

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Hey carly, if you have all the statements for your graduate account, I personally would suggest going ahead with that claim first. As for the missing statements/cheque not cashed, think it's definitely worthwhile ringing nat west and asking them where your statements are. However, the fact that they've already sent you all your graduate account statements looks to me as though they've just overlooked your cheque(all 3 accounts are covered by the one SAR). They're probably just a little bit snowed under at the moment............. can't imagine why!!!!! ;):D

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Also would you address the prelim to Stuart Higley or just to customer relations??

 

I think straight to the man himself:D

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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Deffo go straight to Mr. Higley Carly!!!!! At the top of your schedule of charges, just put your name, account number and sort code. I know the prelim has all that on anyway, but stops them coming up with excuses later on!!! Don't forget to hide the 8% interest column - you can only claim this back if it gets to the court stage. Good luck, hedgey xxx ;)

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I got a theory on this. Ive been thinking. Even though we cant ask for the 8% at the outset of this process, I always think it looks good to leave the 8% on for later, but only ask for the charges only in the letter, purely so that they can see how much it will be later on if it gets to court stage, i.e. they can then see the extent of how much the interest will add to it later on if they dont settle at Prelim or LBA. Im not advocating do it, but if I was doing it myself over again, I would leave the column in showing the 8% purely so they can see potentially what it might cost them if they dont settle before court. Sort of an incentive for early settlement so to speak. But so long as in your letter you are only asking for repayment of charges. Where can the harm be in that ? Fendy xxxxxxx Just a thought.

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Never thought of that one honey - maybe we should start advising people to leave it in just for the sheer hell of it!! Might make crap west pay up at prelim instead of lba or court!!!!!!!!! xxx :D :D :D

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Ooooooooh........... he might be one-handed again Fend!!!!! :eek: :eek: :eek:

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You can see it though can't you honey????? ;):lol:;):lol: Hey Nattie - we know what you've been doing!!!!!!! :D

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I added these paragraphs to my recent prelim letter. Like you say it might frighten them into coughing up.

'We believe that the charges you have levied of £1540 far exceed any true cost to yourself as a result of our breaches and any genuine pre-estimate you could conceivably reach. If you disagree, then will you please demonstrate this by letting me have a full breakdown of the costs to which you have been put to as a result of our breaches, in order to reassure us that your charges really do reflect your costs.

We really hope that this matter can be resolved amicably and without the need for redress to the courts. Thus we are asking that you refund the charges which have been levied on our account. Plus as we believe we have been unlawfully deprived of the money we have calculated £769.28 interest at the statutory rate of 8%, pursuant to section 69 of the County Court Act. This amount is what we would ask the court to award. As you will be undoubtedly be aware this amount will continue to accrue at the statutory daily rate of 0.021% until judgment or earlier payment.

We therefore ask you reply the full amount of £1540 as full and final settlement.'

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Kopite you're a star............ I'm nicking that for my LBA!!! xxx ;)

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