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

Coupon-mad

Remove this:

6. 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;

You can keep this as a point on its own:

The penalty bears no relation to the circumstances as the car was not parked in one of the residents parking areas.

Where is #3? You have no #3, so you could add:

The Defendant avers that the car was not parked in a place where any contractual terms existed, or could have been read regarding any obligation to display a permit. Even if a sign was proved to be somewhere in the vicinity, the Claimant's signs are sparse at best, and in fact offer no contractual licence to park to any non-permit holder.

#2 should be:

2. The vehicle is claimed to be parked in Lawrence Square, but the Defendant avers there is no street/road by this name in that area, and the photos proved by the Claimant do not show a car parked in 'Lawrence Square' nor in a resident's bay.

You do know to EMAIL this to the CCBCAQ email addy?

KeithP

Coupon-mad wrote: »

You do know to EMAIL this to the CCBCAQ email addy?

He should do... it's spelt out in post #24.

jamieh1985

Ye, Keith let me know eariler, its:
CCBCAQ@Justice.gov.uk

Thanks for cleaning up those points. I will make those amends and get that over this evening.

Heh Keith, just saw your reply.

Coupon-mad

Make sure the one you send to CCBC is a signed & dated copy, scanned/saved as a PDF.

jamieh1985

Ah yes, thank you. I certainly wouldn't have done this part

jamieh1985

Thanks again guys.

Here is a copy of what I am sending just now.
https://drive.google.com/file/d/12kCmKv6bJn_HHnXpjbMEBIyLdABdIgkR/view?usp=sharing

A special thanks to you for putting this template together. Before this my claim looked.... well like a child wrote it.

KeithP

jamieh1985 wrote: »

Coupon-mad wrote: »

Make sure the one you send to CCBC is a signed & dated copy, scanned/saved as a PDF.

Ah yes, thank you. I certainly wouldn't have done this part

Why would you not have done that?

Did I waste my time just two days ago spelling out exactly what you needed to do?...

KeithP wrote: »

Once you are satisfied with the content -
1) print your Defence
2) sign it
3) scan the signed document back in and save as a pdf.
4) send that pdf as an email attachment to CCBCAQ@Justice.gov.uk

jamieh1985

No Keith. Without you I would have been in the gutter. So thanks very much. But I think you fail to understand my situation and how difficult I find all of this. So please be a little more understanding. I am not you. I do not your attention for detail.

That email has been sent, so now we wait.

Again guys, thank you. You should create a "buy me a beer" button, even if this isn't successful. I appreciate the help.

Coupon-mad

Not sure what #7 means, it is a 'parking charge' - so what?!

Not sure why you had a section about lease/peaceful enjoyment unless you live there and/or were visiting someone with a lease agreement, who has the right for a visitor to park?

jamieh1985

Humm I'm not sure either tbh. I was just going with what I had written in post #28 and from your guys replies.

This has been sent now though. So I assume I just sit tight and see what comes of it. Rather than send another defence. I can't imagine that you can say you made a mistake anyway.

Also sorry if I came on a little strong there Keith. I just wanted you to understand that I appreciate all the help and am just trying my best as you guys are to deal with me.