Link Parking LTD are at it again, do I pay?

fisherjim

jamieh1985 wrote: »

I just wanted to check if they are indeed now a legitimate company and allowed to fine people.

They are arguably a legitimate company but they cannot "fine" anyone, but like any company legitimate or not they can send out invoices which is what they have sent to you.

jamieh1985

Thanks again everyone.

I have had my County Court summons now and so am Just reading through all the threads and getting together all my evidence.

My main leg to stand on is that they are saying the car was parked on "Lawrence Square" which does not exist.

But my quick question is, if I file this as not guilty. I assume I will get a court day and actually have to physically go in right? I'm a contractor and on a day rate, meaning it would be cheaper for me to just pay this invoice than to actually attend court.

Thanks again guys

System

I assume I will get a court day and actually have to physically go in right?

You don't have to go and you can opt for a hearing "on papers only" which also cuts down the cost if you lose - which you shouldn't.

jamieh1985

Ok sorry guys, I've tried to get this done and getting a bit stuck and now, with 4 days left to get it done starting to panic which isn't good. The last week or so I've just thought, I should just pay this fine so its not weighing me down so much. But then I remember there are 2. So I can't afford to pay them both.

I realise I need to put the work in, but just to be clear so I understand the steps.

Complete a document outlining why I think its not a valid ticket (use template from other cases and edit to what I think mine is)
Post that on here to let you guys have a brief read over (thanks everybody)
File this with any evidence to the court (recorded delivery, no scans, only original documents)

I believe that is actually all these is too this right? In fairness feels better writing it all down.

KeithP

On 03 May, three weeks ago, you told us you had a "County Court summons".
We'll assume that was a Claim Form. Is that right?

What has happened since then?
Have you Acknowledged Service?
Have you filed a Defence?

Have you read post #2 of the NEWBIES FAQ sticky thread?

jamieh1985

I have read the newbies post, but maybe not thoroughly enough, the main thing I took away from the post was that I need to get together my statement within 28days.

Nothing has happened other than I need to put my defence in.
I have no, I could not find any mention of a Service in the N00b post.
This is the defence I would like to file:


Defence:
1. It is admitted that Defendant is the registered keeper of the vehicle in question
2. The vehicle is claimed to be parked in Lawrence Square. When there is no street/road by this name.
3. It is denied that the Claimant has authority to bring this claim. The proper Claimant is the landowner. Strict proof is required that there is a chain of contracts leading from the landowner to Link Parking Ltd. The claimant is unable to re-offer a contract to park on more onerous terms that those already specified in the lease, which grants an easement/ right to park for everyone and an entitlement to peaceful enjoyment.
4. The provision is a penalty and not a genuine pre-estimate of loss for the following reasons:
(i) As the Claimant is not the landowner and suffers no loss whatsoever as a result of a vehicle parking at the locations in question
(ii) The amount claimed is a charge and evidently disproportionate to any loss suffered by the Claimant and is therefore unconscionable;
(iii) The penalty bears no relation to the circumstances because a permission was obtained from the security staff for temporary loading/unloading and no loss or damage for the Claimant because of this
(iiii) The clause is specifically expressed to be a parking charge on the Claimant's current signs.
5. Statement of Truth:
6. I confirm that the contents of this statement are true to the best of my knowledge and belief.

KeithP

Oh dear, if you have not done the Acknowledgement of Service, then you only have nineteen days from the date of issue on your claim form to file a Defence.

You missed this from post #2 of the NEWBIES FAQ sticky thread:

Here is a guide to MCOL & how to acknowledge service (the first step), put together by a genuine PPC fighter:

https://www.dropbox.com/s/xvqu3bask5m0zir/money-claim-online-How-to-Acknowledge.pdf?dl=0

After that nineteen days the Claimant is free to ask the court for a default judgment against you.

You should now check whether that CCJ has been awarded.
Ring the CCBC first thing on Tuesday to find out.

Meanwhile, spend the weekend honing your Defence and email that to the CCBC too. It may already be too late, but file it anyway over the weekend and when you phone the CCBC on Monday ask them to confirm receipt of it.

What is the date of issue on your claim form?

Coupon-mad

Hurry up and do the AOS NOW. NOW!

How difficult was the very easy 'pictorial' AOS link to follow? Come on, do it.

jamieh1985

:O!! Ok I'll do that now. Wait the AOS? Isn't that the site that has the companies and if they are registered to give away tickets?

Umkomaas

jamieh1985 wrote: »

:O!! Ok I'll do that now. Wait the AOS? Isn't that the site that has the companies and if they are registered to give away tickets?

Two 'AOS' acronyms are used on the forum, a bit confusing at times.

In the context of the parking companies, AOS = Approved/Accredited Operator Scheme (as you point out above).

In the context of receiving court papers, AOS = Acknowledgement of Service.