Link Parking / BW Legal - OWN residential parking bay

eagle5

Advice please - TIA 
I received a Parking Charge Notice (until this website I did not actually know the difference as it very much looked identical to a council enforced one!) in an underground car park to my building, accessed via key fob. It was during lockdown and the one occasion I had forgotten to display. No other car was penalised and before I came across the wonders of this helpful forum, I appealed and lost of course, I went through IAS and lost of course and then I was hit with letters from BW Legal for debt collection. Other residents experiencing the same issue suggested waiting until court hearing and a year later I have received a County Court letter. 
To date: 
- Read through my leasehold agreement and have proof of ownership of bay
- I have used the template on here to start my defence and extended the response time on gateway. 
- I have requested a SAR and updated solicitors
- I have written to the local MP and reached out to local residents for support (which has been a good experience). To MP I included video link to House of Commons 2018 bill.
- Started to lose my mind
I would like to ask - do I use gateway to submit the defence once completed? On here it suggests printing, scan and email?
Also, is there any way for me to have someone check my defence in full without it costing a fortune?

Please do tag/refer me to any relevant posts I may have missed which have answered my questions.

peter_the_piper

What did your lease actually say about the need to display any parking tickets? Do you actually own the bay or just lease it?

KeithP

eagle5 said:

...a year later I have received a County Court letter. 
To date: 
- I have extended the response time on gateway. 
- I have requested a SAR and updated solicitors
- I have written to the local MP and reached out to local residents for support (which has been a good experience). To MP I included video link to House of Commons 2018 bill.
- Started to lose my mind
I would like to ask - do I use gateway to submit the defence once completed? On here it suggests printing, scan and email?

Hello and welcome.

By the sound of it you have received a County Court Claim Form.
Please tell us the Issue Date on that Claim Form.

It also looks like you have also filed an Acknowledgment of Service.
Please let us know upon which date you filed that. Your MCOL Claim History will have the definitive answer.

Once you have given that information I will be able to answer your questions.

As an aside... it helps no-one to talk about a "County Court letter". County Courts write letters for all sorts of reasons. Also, aren't you lucky that people are able to interpret a phrase like "I have extended the response time on gateway" into something meaningful.   

Le_Kirk

If you read the NEWBIE sticky and/or wait until @KeithP responds when you tell him claim issue date, you will find advice on how to send defence (using the standard defence template) via e-mail.  Do NOT send it using MCOL.

Fruitcake

Your lease/AST has primacy of contract over anything an unregulated private parking scammer who was not a party to your property rental agreement has to say.
What it doesn't say is just as important.

Your existing rights to park and your right to quiet enjoyment cannot be taken away or amended without a ballot in accordance with Section 37 of the Landlord and Tenant Act 1987 with a majority in favour, and a maximum number of votes against as defined by the Act.

Complain to the MA and landowner or whoever has employed the scammers, as they are jointly liable for your breach of lease, your rights, and the DPA/GDPR for unlawfully obtaining and processing your personal data.

Complain to your MP about this unregulated scam.

eagle5

peter_the_piper said:

What did your lease actually say about the need to display any parking tickets? Do you actually own the bay or just lease it?

My lease doesn't mention permits at all - it says "allocated parking space means the parking space (if any) shown edged yellow and hatched blue and numbered *** on the plan and being one of the car parking spaces". The plans then correspond with the lease agreement. I have the same rights to the property as I do the bay - owner

eagle5

KeithP said:

eagle5 said:

...a year later I have received a County Court letter. 
To date: 
- I have extended the response time on gateway. 
- I have requested a SAR and updated solicitors
- I have written to the local MP and reached out to local residents for support (which has been a good experience). To MP I included video link to House of Commons 2018 bill.
- Started to lose my mind
I would like to ask - do I use gateway to submit the defence once completed? On here it suggests printing, scan and email?

Hello and welcome.

By the sound of it you have received a County Court Claim Form.
Please tell us the Issue Date on that Claim Form.

It also looks like you have also filed an Acknowledgment of Service.
Please let us know upon which date you filed that. Your MCOL Claim History will have the definitive answer.

Once you have given that information I will be able to answer your questions.

As an aside... it helps no-one to talk about a "County Court letter". County Courts write letters for all sorts of reasons. Also, aren't you lucky that people are able to interpret a phrase like "I have extended the response time on gateway" into something meaningful.   

Thank you
County court issue date - 17 May 2021
Acknowledgement of service - 23rd May 2021
You can tell I lack a lot of skill and knowledge in this area! 

eagle5

Fruitcake said:

Your lease/AST has primacy of contract over anything an unregulated private parking scammer who was not a party to your property rental agreement has to say.
What it doesn't say is just as important.

Your existing rights to park and your right to quiet enjoyment cannot be taken away or amended without a ballot in accordance with Section 37 of the Landlord and Tenant Act 1987 with a majority in favour, and a maximum number of votes against as defined by the Act.

Complain to the MA and landowner or whoever has employed the scammers, as they are jointly liable for your breach of lease, your rights, and the DPA/GDPR for unlawfully obtaining and processing your personal data.

Complain to your MP about this unregulated scam.

Thank you for this info - my wonderful and helpful MP has sent a response via a PA saying they cannot get involved as it has reached "court stage" 

KeithP

eagle5 said:

KeithP said:

eagle5 said:

...a year later I have received a County Court letter. 
To date: 
- I have extended the response time on gateway. 
- I have requested a SAR and updated solicitors
- I have written to the local MP and reached out to local residents for support (which has been a good experience). To MP I included video link to House of Commons 2018 bill.
- Started to lose my mind
I would like to ask - do I use gateway to submit the defence once completed? On here it suggests printing, scan and email?

Hello and welcome.

By the sound of it you have received a County Court Claim Form.
Please tell us the Issue Date on that Claim Form.

It also looks like you have also filed an Acknowledgment of Service.
Please let us know upon which date you filed that. Your MCOL Claim History will have the definitive answer.

Once you have given that information I will be able to answer your questions.

As an aside... it helps no-one to talk about a "County Court letter". County Courts write letters for all sorts of reasons. Also, aren't you lucky that people are able to interpret a phrase like "I have extended the response time on gateway" into something meaningful.   

County court issue date - 17 May 2021
Acknowledgement of service - 23rd May 2021

With a Claim Issue Date of 17th May, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 21st June 2021 to file your Defence.

That's almost 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 at the second post in the NEWBIES thread.

Don't miss the deadline for filing a Defence.

eagle5

KeithP said:

eagle5 said:

KeithP said:

eagle5 said:

...a year later I have received a County Court letter. 
To date: 
- I have extended the response time on gateway. 
- I have requested a SAR and updated solicitors
- I have written to the local MP and reached out to local residents for support (which has been a good experience). To MP I included video link to House of Commons 2018 bill.
- Started to lose my mind
I would like to ask - do I use gateway to submit the defence once completed? On here it suggests printing, scan and email?

Hello and welcome.

By the sound of it you have received a County Court Claim Form.
Please tell us the Issue Date on that Claim Form.

It also looks like you have also filed an Acknowledgment of Service.
Please let us know upon which date you filed that. Your MCOL Claim History will have the definitive answer.

Once you have given that information I will be able to answer your questions.

As an aside... it helps no-one to talk about a "County Court letter". County Courts write letters for all sorts of reasons. Also, aren't you lucky that people are able to interpret a phrase like "I have extended the response time on gateway" into something meaningful.   

County court issue date - 17 May 2021
Acknowledgement of service - 23rd May 2021

With a Claim Issue Date of 17th May, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 21st June 2021 to file your Defence.

That's almost 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 at the second post in the NEWBIES thread.

Don't miss the deadline for filing a Defence.

Noted - thank you! I have read through that thread and used this template: file:///Users/YouthAdmin/Downloads/Defence%20Link%20Parking.pdf 
There is another template on the thread posted by coupon-mad and written by Bargepole, is it advisable to keep the set template as it is and add in personal info or is it okay to combine the two?
I will be filing the defence ASAP - a headache yes but learning experience too.

KeithP

Sorry, but we are unable to look at files on your computer.
If you want to show us anything you need to upload it to somewhere on 'the internet'.
Dropbox is just one example of a file hosting website.

I will be filing the defence ASAP

Please take a little time to get it right. 
You have four weeks - no need to rush.