LBC received - Help please haha

Amy2993

Looking for some help so posting here for my friend. She has received a LBC. Have been reading on here up until this point. She is a resident with a gated car park that needs a secure fob. Permits must be displayed. She has been issued 7 tickets for times when permit has slipped down, she’s been dropping shopping off for 5 minutes or she had been given the wrong permit by housing officers initially. The price was £700 but link parking have passed it to BW legal who have added recovery costs of £360, legal representation fees of £80, courts fees of £70 and interest rates at 8% of £33.84. Totalling £1243.84. Trying to acknowledge the claim now and get an SAR sent off can anyone give any help. Will upload pictures in a moment, the signs are awful and don’t carry say about a parking charge. The lease is NOT helpful clearly states it’s managed by a parking firm and isn’t anything to do with them. She has appealed to landowner waiting on a response. 

Does she need to use the forms to acknowledge it? Is there a defence to do with the costs as well? 

Thank you
x 

Redx

If it's a claim form from the CCBC in Northampton then it's not an LBC , it's a court claim

Post the issue date from the claim form below , if it came from the CCBC , we need that to tell her about the AOS

Please confirm if it's a formal LBC with 30 days notice and includes financial forms , or if it's an MCOL claim pack from the CCBC in Northampton

The SAR goes from her to the DPO at Link parking , attaching a copy of the claim form as proof of I D under the GDPR law

Use the template defence by coupon mad

Costs are claimed at the WS stage in several months time

Amy2993

Okay thank you, yes was issued 25th March 2021, it is a CCBC from Northampton, sorry didn’t know there was a difference . I have read this forum but maybe not as much as I thought haha. 

Will the claim form be enough proof of ID saw it said utility bill elsewhere on the forum . Thank you so much for replying. 

Redx

Amy2993 said:

Okay thank you, yes was issued 25th March 2021, it is a CCBC from Northampton, sorry didn’t know there was a difference . I have read this forum but maybe not as much as I thought haha. 

Will the claim form be enough proof of ID saw it said utility bill elsewhere on the forum . Thank you so much for replying. 

Do not do the AOS online yet , later next week online is ok , no paper forms are filled in , it is definitely not an LBC either

Add a copy of the court claim form plus a redacted copy of a utility bill if she wishes , more being better , but no Photographic I D  , so no passport or driving licence , definitely not those 2

The SAR should be done asap , but do nothing about the claim yet , apart from working on paragraphs 2 and 3

KeithP

Amy2993 said:

Okay thank you, yes was issued 25th March 2021, it is a CCBC from Northampton. 

With a Claim Issue Date of 25th March, you have until Tuesday 13th April to file an Acknowledgment of Service. If possible, do not file an AoS before 30th March, but otherwise, there is nothing to be gained by delaying it. 

To file an AoS, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an AoS in a timely manner, you have until 4pm on Tuesday 27th April 2021 to file your Defence.

That's over four weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service instructions.

Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.

Amy2993

Okay thank you for the help! Will update you further soon 

Umkomaas

@Amy2993 - you seem to be flailing around a bit at the moment. Why don't you get your friend to post directly here as it's much easier to help the actual individual themselves rather than a third party, with good intentions, who seems to have little more knowledge or understanding than any newbie would have on first coming here themselves. 

We've seen a number of recent cases go badly wrong because of 'good intentions'. 

D_P_Dance

Permits must be displayed. 

Does the lease/AST actually say that?  If not the the T&C of the lease may have primacy.  Read this and complaine to your MP.

http://parking-prankster.blogspot.com/2016/11/residential-parking.html

BW legal who have added recovery costs of £360, legal representation fees of £80, courts fees of £70 and interest rates at 8% of £33.84. Totalling £1243.84. 

Almost certainly much of that is unlawful, read this

Excel v Wilkinson

At the Bradford County Court, District Judge Claire Jackson (now HHJ Jackson, a Specialist Civil Circuit Judge) decided to hear a 'test case' a few months ago, where £60 had been added to a parking charge despite Judges up and down the country repeatedly disallowing that sum and warning parking firms not to waste court time with such spurious claims.   That case was Excel v Wilkinson: G4QZ465V, heard in July 2020 and leave to appeal was refused and that route was not pursued.  The Judge concluded that such claims are proceedings with 'an improper collateral purpose'.   This Judge - and others who have since copied her words and struck dozens of cases out in late 2020 and into 2021 - went into significant detail and concluded that parking operators (such as this Claimant) are seeking to circumvent CPR 27.14 as well as breaching the Consumer Rights Act 2015.   DJ Hickinbottom has recently struck more cases out in that court area, stating: ''I find that striking out this claim is the only appropriate manner in which the disapproval of the court can be shown''.

and copy the correspondence to the SRA, it is time they put a stop to this deception by these barg