Letter before claim

yotmon

At first it may seem daunting attempting to understand the intricacies of private parking, but once you narrow it down to your situation and concentrate on those points then it should become clearer. There are loads of threads on here covering domestic parking spaces to get your teeth into.

Have u obtained photo's of the signs they use at your son's address - have u checked them to see if they comply with the IPC codes of practice. What is the actual wording, how many exist and where are they situated in relation to your son's parking space. As said above, you need to gather evidence to defend this and rubbish their claim. It's not just about the parking pass not being visible, but it is about challenging their authority to carry out these threats.

Find out what you can say to the Landlords/letting agents as they are part of this and should be made aware that you hold them responsible as principal for the actions of their agents. Use the search buttons, take your time and hopefully you will slowly start to comprehend what's required. Good luck.

Kind_Of_Irritated

Thanks all of you for these replies, Umkomaas, bargepole, Coupon-mad and yotmon. Very helpful. I didn't know anything about merging. I'll see if I can get that request in in the morning when the brain may be a touch sharper.

I have replied to the LBC from Gladstones with a kind of holding letter but I told them I'd get my full response to them by Thursday 20th. So that means I want to get my case together by Tuesday.

Kind_Of_Irritated

Yes, yotmon I have pictures, but to be blunt the pictures are very obvious and clear and there are plenty of them. I think I may have to hurriedly get something strong to the Management Committee, though I didn't want to make any waves for my son as he has to continue to live there. But the Management Board Director told me a few days ago he could do nothing about Link Parking as the authority has been passed completely to them (!)

At the same time he told me that Link Parking had agreed to stop a PCN they had put on his car. Though he also says he and his family have paid other tickets.

Do I have to have EVERY facet of my defence detailed in the response I send to Gladstones in the next few days? By the time I communicate with the Management Board again (we tried at the start and got no joy) I could be out of time to add anything into my letter (due to Gladstones by Thurs 20th).

System

Could you post up a pic of the wording of the sign(s). Link have issues with a) wording and b) different signs in the same car park.

Would you care to check and post up links to say tinypic.com

beamerguy

Kind_Of_Irritated wrote: »

Yes, yotmon I have pictures, but to be blunt the pictures are very obvious and clear and there are plenty of them. I think I may have to hurriedly get something strong to the Management Committee, though I didn't want to make any waves for my son as he has to continue to live there. But the Management Board Director told me a few days ago he could do nothing about Link Parking as the authority has been passed completely to them (!)

At the same time he told me that Link Parking had agreed to stop a PCN they had put on his car. Though he also says he and his family have paid other tickets.

Do I have to have EVERY facet of my defence detailed in the response I send to Gladstones in the next few days? By the time I communicate with the Management Board again (we tried at the start and got no joy) I could be out of time to add anything into my letter (due to Gladstones by Thurs 20th).

The Management Board Director would be a foolish man if he passed all authority to Link. It's no difference to leaving the bank door open at night with a sign saying "help yourself"

BUT, he has not given all authority to Link, he got that ticket cancelled so what is his game ?? or financial interests in this.

As IamEmanresu said, please post up the pictures which although to you might seem OK could well have flaws that others can see

The_Deep

IIMU that Gladstones are being investigated by the SRA because of their links with the IPC/IAS, it may be that they will be barred from acting for their members.

In any case "own space" claims are notoriously difficult for them to win, especially if your son is a leaseholder with possession/sole rights to the parking space.

This is not rocket science, but nor is it colouring by numbers, but if the PPC has no right to issue penalties for your son's space, he will not thank you if you pay the Dane.

Kind_Of_Irritated

Hi bargepole,

Apologies for being blunt, but you need a dose of cold, hard reality.

I think I need some more learning. That's why I'm here. I keep seeing things about POPLA and wondered what it was all about. Is it irrelevant because I have missed their deadline? As I say I am somewhat lacking in the "pursuit of parking cowboys" field.

You can defend the claim, and looking at the circumstances as described, the lines of defence are likely to be based on inadequate signage, reasonable endeavours on your part to comply with the contractual terms, and the lack of any legitimate interest in enforcing charges against genuine residents and visitors.

Signage is more than adequate there - all over the small parking plot - so that argument doesn't apply to me. Also, I know the parking rules there and am familiar with my son's car park and I have a permit (though it wasn't displayed properly on that day).

This might be the strongest hand I have:

and the lack of any legitimate interest in enforcing charges against genuine residents and visitors.

Do you reckon I should try and push the Management Cttee a bit more on getting this cancelled? I've tried before, as has my son, but to no avail.

If and when the court claim arrives, you should come back and people here can help you to compose your Defence Statement.

I will do. Thank you so much for your help on all of this, bargepole and the same to all the others responding. Much appreciated.

Coupon-mad

Signage is more than adequate there - all over the small parking plot - so that argument doesn't apply to me.

But is the £100 in large lettering? Or buried in small print?

And does it OFFER parking to people parking with no permit? Or disallow it?

I have a permit

Did the bumf that came with the permit mention £100 specifically as a possible charge (not just vaguely 'if you do not display this permit you could get a parking charge'?). I mean the actual £100, where did you 'agree' to that sum specifically?

Do I have to have EVERY facet of my defence detailed in the response I send to Gladstones in the next few days?

No, you just need to reasonably respond pointing out (perhaps) no liability, no contract formed with Link and no agreement on £100 charge and no legitimate commercial interest. Be careful not to say who was driving (unless you already have). Expect to get a court claim.

I agree with IamEmanresu and bargepole, signs ARE your best bet v Link. Please show us the signs, seek out obscured or different ones too - and show us the entrance signs as well please. Readable close ups as well as general views from bays.

Kind_Of_Irritated

Thanks for the reply, coupon-mad. Let me look at these points:

But is the £100 in large lettering? Or buried in small print?

And does it OFFER parking to people parking with no permit? Or disallow it?

It's not in large lettering but it's clear. Can I upload pictures to here?

Did the bumf that came with the permit mention £100 specifically as a possible charge (not just vaguely 'if you do not display this permit you could get a parking charge'?). I mean the actual £100, where did you 'agree' to that sum specifically?

No. Nothing about the amount.

No, you just need to reasonably respond pointing out (perhaps) no liability, no contract formed with Link and no agreement on £100 charge and no legitimate commercial interest. Be careful not to say who was driving (unless you already have).

1. Won't they insist that the fact that I am using the permit given to me by my son (the one who has formed the contract, maybe?) THEIR "proof" that I have formed a contract with them?

2. My permit was not visible on that day.

3. I have already, in my ignorance & innocence, admitted to being the driver.

Coupon-mad

Yes you can put a link to pics hosted on tinypic or in Dropbox, etc. As a newbie with less than 20 posts, you will have to change http to hxxp to break the link and maybe add a gap in the URL as well, to make your post go through here.

Won't they insist that the fact that I am using the permit given to me by my son (the one who has formed the contract, maybe?) THEIR "proof" that I have formed a contract with them?

Yes - but your son didn't agree to £100 charge because you said, the bumf did not include that figure. He may have agreed to displaying a permit and passing them to visitors but not a risk of £100.

And they will point to signage as creating the contract by your performance of parking, which is why we want to see the wording and any gaps/unsigned areas/obscured or different (landowner or old) parking signs.