Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
  • FIRST POST
    • Helpanurse
    • By Helpanurse 16th Nov 17, 10:09 AM
    • 6Posts
    • 0Thanks
    Helpanurse
    Link parking court papers etc, any advice gratefully received thanks
    • #1
    • 16th Nov 17, 10:09 AM
    Link parking court papers etc, any advice gratefully received thanks 16th Nov 17 at 10:09 AM
    Hi all.

    This is my first time posting on a forum and Iím using my mobile phone so please bare with me if you can, Iím super new to all this but pretty desperate for help!

    Iím an NHS community nurse and have been working the same patch for a few years visiting a block of flats, always parked in the visitors spaces with no problems. Then in the March in the space of a week me and 2 nursing colleagues got PCN tickets from link parking. Our bosses appealed and emailed link asking for a way forward. This was ignored, more time passed. I got a letter from gladstone and wrote back explaining the situation, we exchanged a few letters and I heard no more until a few days ago when I received court paperwork. Last night I completed the online acknowledgment but now Iím scared basically!! I donít have the money to pay, I donít want to pay either, it doesnít seem fair but Iíve got kids, I canít have canít pay weíll take it away turning up on my door. One of my colleagues has put it on a credit card and paid as she couldnít take the stress anymore, the other has a court date for 19/12/17.

    I ve read the pinned posts and am really relieved hearing that there is still hope and that lots of cases are won by people with your help. But I must admit itís all really hard to get my head around! Iím a nurse not a lawyer!! Thanks for reading if you got this far! Any advice would be very welcome
Page 1
    • IamEmanresu
    • By IamEmanresu 16th Nov 17, 10:33 AM
    • 1,819 Posts
    • 3,214 Thanks
    IamEmanresu
    • #2
    • 16th Nov 17, 10:33 AM
    • #2
    • 16th Nov 17, 10:33 AM
    Others will be along with help on the paperwork but you might want to take the issue up with whoever is managing the space e.g. Residents Association.

    Clearly community nursing requires co-operation of the community they are nursing and you might need that community to put pressure on the RA plus Link.
    Life's for living, get on with it rather than worrying about these. If they hassle, counter claim.

    Send them that costs schedule though, 24 hours before the hearing, and file it with the court. Take with you evidence that you have sent the costs schedule to them and when.
    LoC
    • Lamilad
    • By Lamilad 16th Nov 17, 10:35 AM
    • 1,201 Posts
    • 2,387 Thanks
    Lamilad
    • #3
    • 16th Nov 17, 10:35 AM
    • #3
    • 16th Nov 17, 10:35 AM
    I can’t have can’t pay we’ll take it away turning up on my door.
    Not gonna happen - even if you lose in court - as long as you paid the judgement within 30 days. In any case a debt has to be over £600 in order to be escalated to high court enforcement.

    So you've read the NEWBIES thread - that's good.... Did you read the links in post #2 to good example defences?

    Do that and read other threads where Gladstone's are involved - there are loads on here. You will also see just how woefully incompetent that company is.

    Post your draft defence on here and we will advise further.

    If you can post pics of the Link parking signs at the site and the parking charge notice and/or notice to keeper you received that would help (cover personal details).

    A shame your colleague paid - we win 99% of court cases where we've assisted from day 1. Has your other colleague had any help with her upcoming case?
    • Helpanurse
    • By Helpanurse 20th Nov 17, 4:13 PM
    • 6 Posts
    • 0 Thanks
    Helpanurse
    • #4
    • 20th Nov 17, 4:13 PM
    • #4
    • 20th Nov 17, 4:13 PM
    Thank you so much! I feel much better knowing the high court guys won't be along! If I do lose in court then is the final amount roughly the same as the amount now?


    I am working on my draft defence and will post it when it's done, thank you. I have 28 days from 5 days after the date on the claim form I believe, so early December. I' making my way through the threads/ links etc thanks.


    I have pictures on my phone of the signs at the site and the PCN but haven't worked out how to share them on here. I will keep trying!


    My other colleagues are even more computer/ IT illiterate than me, believe it or not. So getting help is tricky. We've had next to no help from the avenues we've tried..... Citizen's advice, the union legal advice line and our management at work..... they've all just told us to pay up.


    Thanks again to you both for giving me a glimmer of hope!
    • Helpanurse
    • By Helpanurse 1st Dec 17, 11:33 AM
    • 6 Posts
    • 0 Thanks
    Helpanurse
    • #5
    • 1st Dec 17, 11:33 AM
    • #5
    • 1st Dec 17, 11:33 AM
    This Is my draft defence to be submitted, I've read that we should post them and not submit them online as it jumbles up the formatting. If anyone has any suggestions (I will set it out as advised re line spacing, numbers etc) or can help I'd be forever grateful. I am close to caving in and paying to rid myself of the stress of it all but it just feels so wrong and if we all do this then it'll just fuel the appetite of the greedy money grabber so and so's.................. hence my pretty garbled excuse at a defence but I kind of feel it's my duty to try and fight this as it IS wrong!


    DEFENCE
    I am the Defendant, ???? , DOB xx/xx/xxxx, and reside at ?????? and it is admitted that I was the driver of the vehicle on the day of this event.

    2. Save as specifically admitted in this defence the Defendant denies each and every allegation set out in the Particulars of Claim, or implied in Pre-action correspondence.


    The Defendant acted within the terms of the parking signs on the day of the event. The signage from Claimant states that ďParking in this area is for: Pre authorised vehicles parked wholly within the confines of their allocated baysĒ. Further signage at the property states ďThe car park is strictly for the use of resident permit holders only, or permitted visitors (see below)Ö.. There are a number of designated visitorsí spaces within the development, strictly for genuine visitors only. Your visitors may additionally use your allocated parking space (displaying your permit), but you must park off site.Ē The defendant was parked in a designated visitor space and visiting for the genuine purpose of providing the services of the NHS through XXXXXXXXX in the capacity of a Specialist Community Public Health Nurse role.

    The defendant and her colleagues have been visiting this area and parking in the designated visitor spaces whilst delivering healthcare as NHS employees since the development was built without incident. The residents have a right to receive such services in their homes.

    The claimant (Martin ??Blah Blah, link parking owner) has confirmed that Healthcare professionals, specifically NHS Drís and nurses on home visits would be permitted to park and if they were to receive a PCN this would be cancelled once Link Parking were aware of the circumstances. The claimant was made aware that the PCN charge was issued to an NHS nurse whilst visiting residents on 14/3/17. The claimant did not respond to this information. On the 18/4/17; 10/6/17; 7/7/17; 10/7/17 and 8/8/17 further attempts were made to contact the claimant to resolve the issue but these were either ignored or responded to with Ďroboclaimí letters/ emails that were intended to bully the defendant into paying an inflated sum without grounds to do so. In doing this the claimant has not followed the ??? code of parking operators. It is submitted that the conduct of the Claimant in pursuing this claim is wholly unreasonable and vexatious. As such, I am keeping a note of my wasted time/costs in dealing with this matter.

    It is submitted that the Claimant is merely an agent acting Ďon behalf ofí the landowner who would be the only proper claimant. Strict proof is required of a chain of contracts leading from the landowner to this Claimant, to allow them the right to form contracts and to sue in their name.

    Even if this is produced, it is submitted that there is no contract offered to drivers not displaying a permit, so alleged 'unauthorised' parking (denied) can only be an event falling under the tort of trespass.




    The Claimantís solicitors are known to be a serial issuer of generic claims similar to this one, with no diligence, no scrutiny of details nor even checking for a true cause of action. HMCS have identified over 1000 similar sparse claims. I believe the term for such conduct is Ďroboclaimsí which is against the public interest, unfair on unrepresented consumers and parking companies using the small claims track as a form of aggressive, automated debt collection is not something the courts should be seen to support. On the basis of the above, I request the court strike out the claim.

    I believe that the facts stated in this Defence are true
    • nosferatu1001
    • By nosferatu1001 1st Dec 17, 1:05 PM
    • 1,185 Posts
    • 1,228 Thanks
    nosferatu1001
    • #6
    • 1st Dec 17, 1:05 PM
    • #6
    • 1st Dec 17, 1:05 PM
    Print, sign and scan to PDF. Then email to the court.

    You have no formatting - no para numbering etc.
    • Helpanurse
    • By Helpanurse 2nd Dec 17, 10:54 AM
    • 6 Posts
    • 0 Thanks
    Helpanurse
    • #7
    • 2nd Dec 17, 10:54 AM
    • #7
    • 2nd Dec 17, 10:54 AM
    Thanks.


    Should I try and find out if they have planning permission to display the signs? I've been reading about this on parking prankster.
    • IamEmanresu
    • By IamEmanresu 2nd Dec 17, 11:11 AM
    • 1,819 Posts
    • 3,214 Thanks
    IamEmanresu
    • #8
    • 2nd Dec 17, 11:11 AM
    • #8
    • 2nd Dec 17, 11:11 AM
    Should I try and find out if they have planning permission to display the signs? I've been reading about this on parking prankster.
    IMHO its tangential. It is better to focus on the facts of the event as follows

    1. Were you there by invite of a resident
    2. Were you there because of an obligation to a resident through a statutory duty.

    Postmen, Police, Emergency services etc are seen to have implied rights for access and this would be the avenue you might want to explore. Was your implied right (if there was one) superior to that of Link whose only job is to work for those who hired them and who may not have allowed for these superior rights in any arrangement.

    Think of it in terms of levels of rights.
    Life's for living, get on with it rather than worrying about these. If they hassle, counter claim.

    Send them that costs schedule though, 24 hours before the hearing, and file it with the court. Take with you evidence that you have sent the costs schedule to them and when.
    LoC
    • Helpanurse
    • By Helpanurse 2nd Dec 17, 11:56 AM
    • 6 Posts
    • 0 Thanks
    Helpanurse
    • #9
    • 2nd Dec 17, 11:56 AM
    • #9
    • 2nd Dec 17, 11:56 AM
    Thank you! That is what I've been thinking the whole time. I was there on a safeguarding visit, trying to locate a missing child.
    • Helpanurse
    • By Helpanurse 2nd Dec 17, 11:57 AM
    • 6 Posts
    • 0 Thanks
    Helpanurse
    And I was invited by a resident too, so feel I had reason to be there on all counts and have made that clear to LINK and Gladstones from the very start but they have ignored me and sent me more and more bullying letters.
    • nosferatu1001
    • By nosferatu1001 2nd Dec 17, 12:13 PM
    • 1,185 Posts
    • 1,228 Thanks
    nosferatu1001
    Plann8ng permission is irrelevant
    Advertising consent is possible but lack of it isn’t really a defence mos5 courts would go for.
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

76Posts Today

3,552Users online

Martin's Twitter
  • RT @bearface83: @MartinSLewis check out the @Missguided new 60% off offer. Upping the cost of items almost double to make us think it?s a?

  • RT @efitzpat: Thank you SO SO much @MartinSLewis for your Student Loans refund advice! I just got a grand refunded right before Xmas! Whoop?

  • Have a lovely weekend folks. Don't do anything (fiscally) that I wouldn't do!

  • Follow Martin