BW Legal / Link Parking Court Summons on Resident Parking Permit Land (I have a Permit!)

Redx

Signed for is no longer proof of receipt , not since march last year (covid)

The Posties sign them , sometimes placing them in your hands , but more likely in your porch or on a doorstep , taking a picture , same as DHL , Hermes , dpd , all of the mail and courier services do this !! I cannot even remember the last time I signed for anything delivered 

Plus what if it's a p o box number , they do not sign for them , not is it proof that a recipient received it

Proof of postage is what is required , not receipt 

marketsqhero

Thanks again for all your help. DQ has just been sent off to CCBC and BW Legal via email. I used the email on the last letter I received from BW which was disputeresolution@bwlegal.co.uk. That seemed to be the consensus when I searched the forum.

marketsqhero

Quick question. As the only thing that I actually signed (the AST) has this one paragraph in it, does this simply override anything that Link Parking can enforce on the grounds that they cannot override a signed AST?

7.6 Parking IT IS MUTUALLY AGREED BETWEEN THE PARTIES, that the Landlord will supply one parking space only. IT IS FURTHER AGREED that, prior to the commencement of the tenancy, the Tenant shall supply to the Landlord his car registration, and for subsequent vehicles changes. The Landlord may issue a parking permit which must be on display in the registered vehicle, at all times. FOR THE AVOIDENCE OF DOUBT the Landlord may withdraw the parking space whereupon any misuse has taken place.

Le_Kirk

Parking companies cannot override your lease or AST.

nosferatu1001

You have a licence to park granted by the Lease, and it does not require you to enter ANY additional contract with a 3rd party to exercise that licence
Your AST (which is a lease) is superior to any contract they may allege. For a start they have zero to offer you. You gain NOTHING from entering a "contract" with them. If consideration does not flow from both parties, there is no contract. Basic contract law. 
They may wafgfle and claim you gain "management" of your space, but of course that is a complete nonsense 
According to the line above the right tro park can only be removed by the landlord, noone else. Certainly not a 3rd party
I'd definitely be countersuing for tortious interference with a lease, breach of peaceable enjoyment and bringing in the idiots that hired the parasites as part 20 defendents. Sue the organ grinder AND the monkeys

D_P_Dance

Your AST is a legal document, it takes precedence over a scammer's invoice. 

marketsqhero

Update:
Today I received two letters from the local county court.
1) Claimant to file  and serve Reply to Defence by 6th April
2) Court hearing (by phone) at 10:00 on 15th June. Claimant to pay £55 fee by 18th May. Claimant to send all documents to me and the court by 14th April, I have to send all my documents by 21st April. All witness statements by 28th April.

Any advice appreciated, and the significance (if any) of it being a telephone hearing.
Thanks in advance.

Coupon-mad

All cases are a telephone hearing now.  Or video. 

Nothing different than what you see in the NEWBIES thread about this stage - witness statement/evidence stage now.

nosferatu1001

Not sure what advice you need, other than note the dates and if you DONT get their reply by that  date, or trheir docs by the other, then of course you do something about that!

Fruitcake

Make a start on your WS if you haven't already. Use the NEWBIES as your starting point, and do a forum search for other residential cases