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Link Parking residently PCN

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1457910

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  • lillianjcharlotte
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    Coupon-mad wrote: »
    Landowners or Managing Agents.



    You need to state that clearly (again, in writing) so I say, you DO need to contact G's again, NOW. Keep proof of sending your email or letter (free proof of posting from the PO counter, NOT just posting a letter in a post box; NOT Recorded delivery).

    Otherwise they will use the letter they just sent you and will say ''look, she didn't reply, so it's only reasonable that we continued to believe she was driving.''

    Thank you. I've emailed them this morning and have a digital and printed version of the email.
    I've explained to them again that when I said 'I received' it was in the literally sense, meaning the ticket was handed to me and that given it was relating to my parking space. I had already written to Link Parking to explain that.

    I also drew attention to the IAS case where Link reported that the appellant was the driver and keeper - by that stage I had already reported that as not being me and had named them in full for the appeal.

    I've also requested copies of the emails Link claim to have sent me when I authorised my personal vehicle. This whole argument is over me not being able to prove I registered the vehicle, with my counter argument being they never provide proof in the first place.
  • Umkomaas
    Umkomaas Posts: 41,346 Forumite
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    I also drew attention to the IAS case where Link reported that the appellant was the driver and keeper - by that stage I had already reported that as not being me and had named them in full for the appeal.
    I've not read back through the entire thread, but if you are saying (above) that Link fed false information to the IAS and they accepted that over your statement, causing you to lose the case and bringing court proceedings raining down as a result, then you must complain to the DVLA (David Dunford), explain the circumstances and ask that he investigates this apparent perversion of the truth which is causing you great harm, harassment and distress.

    david.dunford@dvla.gsi.gov.uk
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • lillianjcharlotte
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    Umkomaas wrote: »
    I've not read back through the entire thread, but if you are saying (above) that Link fed false information to the IAS and they accepted that over your statement, causing you to lose the case and bringing court proceedings raining down as a result, then you must complain to the DVLA (David Dunford), explain the circumstances and ask that he investigates this apparent perversion of the truth which is causing you great harm, harassment and distress.

    [EMAIL="david.dunford@dvla.gsi.gov.uk"]david.dunford@dvla.gsi.gov.uk[/EMAIL]


    In the initial email I sent to Link on the day of the charge I worded it as 'I received a parking ticket' (foolish I know) but I worded it that way because I had received the ticket from the person whose vehicle it was and it was my parking space in question. I never explicitly stated it was my vehicle or that I was driving. I also emailed Link to advise this.


    In the IAS appeal for the motorist part I named the appellant as below:


    "You reported that the appellant was the driver and the registered keeper at the time the parking charge was issued. You reported that the appellant is being held liable for the parking charge. "


    Link Parking responded with:


    "The operator reported that...
    The appellant was the driver.
    The appellant was the keeper.
    The operator is seeking keeper liability in accordance with PoFA.."


    I named the appellant in full (name, address, postcode, vehicle registration) and it states that I am appealing on behalf of ________
  • Umkomaas
    Umkomaas Posts: 41,346 Forumite
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    Definite complaint to the DVLA.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • lillianjcharlotte
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    Umkomaas wrote: »
    Definite complaint to the DVLA.


    How much detail do I go into with a DVLA complaint. Do they need the whole backstory or just the IAS appeal and resulting court proceedings?
  • Umkomaas
    Umkomaas Posts: 41,346 Forumite
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    How much detail do I go into with a DVLA complaint. Do they need the whole backstory or just the IAS appeal and resulting court proceedings?

    Well you do need to give them the background without wittering on about peripheral issues with no relevance. So a preamble to set the context, then, if you can, try to give them potent, one line bullet points to drive home the issue.

    That would be my style, but I'm conscious that people have their own style and preference for layout.

    But I wouldn't let it run to more than a maximum of 2 sides of A4.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • The_Deep
    The_Deep Posts: 16,830 Forumite
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    But I wouldn't let it run to more than a maximum of 2 sides of A4.


    I have had a lot of success in complaining, to Councils, utilities, banks, insurance companies, etc., etc., etc. My complaints rarely ever exceed one side of A4.
    You never know how far you can go until you go too far.
  • lillianjcharlotte
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    The_Deep wrote: »
    But I wouldn't let it run to more than a maximum of 2 sides of A4.


    I have had a lot of success in complaining, to Councils, utilities, banks, insurance companies, etc., etc., etc. My complaints rarely ever exceed one side of A4.


    So short, sweet and to the point?
  • lillianjcharlotte
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    So I've had another email from Gladstones, again reminding me of the charge and telling me I have 7 days to pay or legal action may be taken.

    In my last email I provided a letter from my landlord giving me a right to park, a copy of the IAS appeal stating I named the appellant as being the driver/keeper (the name was on there as well but I partially covered it for their protection) and the floor plan for the car park that shows the space is allocated to the flat I can as renting.
    I advised that I had provided proof of my right to park in the space and asked their client to provide proof that they could override that.

    This was the response I got:
    "
    As parking charges are placed on the windscreen of the vehicles in question our Client's position is that it is reasonable to assume that when an individual states they receive the parking charge notice, they themselves were the driver of the vehicle.

    From the documents provided, we cannot discern the details of the driver and keeper and therefore if you would like our Client to consider a transfer of liability at this stage we require their full name and serviceable address.

    Without seeing the contents of the agreement you speak of we cannot comment, however our Client is instructed to provide a service for which you also receive a benefit (i.e. the management of the parking space)."

    Do I even bother replying? I've already told them that I won't be naming the driver because a) I already did in the IAS stage and b) I'm not pursuing the charge against them. They parked with my parmission in a space I held parking rights to.

    I also asked Link to provide a copy of the emails they allegedly sent me when I registered my personal vehicle but that fell on deaf ears as well.
    It seems as though every time I write them they just waffle on and then threaten me with 7 days again.

    Any advice moving forward? Shall I keep asking for their rights to override mine or shall I just wait until any legal action surfaces?
  • lillianjcharlotte
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    I must admit I did laugh when they said I was benefiting from their service while at the same time trying to take legal action against me.
This discussion has been closed.
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