Link Parking / BW Legal - OWN residential parking bay

KeithP

There really is no need to post their template response to your Witness Statement.

We see it most weeks.
Read this post from just three days ago...
forums.moneysavingexpert.com/discussion/comment/79020488/#Comment_79020488

And they complain about the Defendant using templates.   

eagle5

Update on second preliminary - 
Pros:
- DJ today was considerate to explain, breakdown and offer ample opportunities to speak - they were actually really pleasant!
- DJ suggested under rule 27.14 there should be no costs and explained awarding 'unreasonable costs' if one party does not correspond with other
- A neighbour with their hearing this week had their case dismissed (exact same case, lease, ownership etc)
- BWL rep was a little unprepared, again 
- DJ said judges do not care for templates used as long as they are relevant to case; DJ said there is no point wasting time duplicating work already available :-) 

Cons: 
- A hearing date is being set but with at least a four month wait
- BWL have demanded a copy of the lease to be sent within 14 days and DJ has approved this

DJ did a clear breakdown of events and evidence based on assumption and explained the issues of a CCJ on credit scoring etc and the seriousness of the publicity of a CCJ - the choices were to go to trial or sort with BWL - we chose to go to trial. DJ also made it clear that the if the lease shows in favour of claimant and their paperwork is presented in supporting evidence, they will have the winning hand. 

Fruitcake

All good so far.

The judge's comments mean also that the converse is true. If the lease supports your viewpoint, the defendant will prevail.

I am surprised you are being asked to produce a copy of the lease because this should have been part of the claimant's duties of due diligence to establish they are not stepping on the existing rights of residents before starting operations, and before checking the rights of each motorist every time they consider issuing a PCN. Not doing so would be unreasonable in my opinion.

Coupon-mad

Wait till your neighbour gets their written Order confirming they won their case, then ask them to sign a simple WS confirming what their Judge said at their hearing and that they are your neighbour (exact same lease).

Attach that to your email to BW with the lease and urge them to discontinue (possibly a mutual 'drop hands offer' as I think you have a counterclaim in play, if you are happy it ends now?

eagle5

Neighbour was told the judge on their case said it is dependent on how each judge interprets the clause in lease; whilst that judge said it does not specifically state contractual rights (sub-contract which is not in the lease) so therefore there is no case in their view, another judge may say the same clause is in favour of the claimant (basically the judge I had at preliminary).

As the written order will take a few months and I now have around one week to send the entire lease as per judge's order, I am thinking to send just the lease and then use neighbours WS in court?

Coupon-mad

Yes do that.

eagle5

Case dismissed! 

BW Legal dated their WS the final day it should have been with court, court received it four days late and the DDJ refused to read it and allow the evidence to be used. It was a horribly, nerve-wracking experience and after two years+ of fighting, it is finally over. I ONLY started to defend myself, learn my rights and persevere because of THIS forum and the incredible community that has freely supported me/my case. Thank you for your unlimited support and care. 

DDJ simply ended by stating if they approve the claim then it would be going against the rights of the leaseholder and he made the same comment as I initially read here about (I think) 80% of leaseholders needing to agree to a change which could cause financial impact. Also said claimant could have some standing leg if they had proof of giving notice to leaseholder about policing car park and they did - but they submitted it this round which was not taken into consideration due to their lateness. However, despite this, even with their new WS and evidence, the strength was within our lease which as we have said from day one - nowhere does the lease state any single word about parking permits being displayed. 

Coupon-mad

Brilliant news! ANOTHER ONE BITES THE DUST!

Did you ask for your costs for attending (day off work?) or were you happy just to win?

Are the family now opting out of the permit scheme (if they still live there) and going to tell the Managing Agent what the Judge said?

eagle5

@Coupon-mad I did the first two times we attended and the last DJ seemed very much onside with the claimant (they were friends outside of court). They advised we remove the costs as they are unlikely to be taken into account. With costs of loss of income, stationery alone it was £300+ (keeping in mind I had to post my entire lease to BWL). We didn't think to ask once we heard "this case is dismissed" - it still does not seem real.

I didnt think it was an option to opt out but I do know the residents association has been pushing for changes for years and continually ignored. I will speak with other residents first as the managing agent is completely pants and promote LP. I emailed MA to ask them why they are promoting the display of permits and if they have used service charges to pay for LP to police the grounds. They have denied any outgoing payments to LP - I have an ongoing FOI request since many moons ago yet to be fulfilled! 

Coupon-mad

They aren't paying Link.  Parking contracts are not paid, that's the problem!  Link only get money from parking charges, that's what is broken about the entire industry because they think it is OK to operate as a protection racket that incentivises PCNs.

Don't disappear from the forum just yet. We need you; other motorists need people like us and you, to help us make a difference forever.  What a waste of your time this was, and why should there be such a litigation culture in parking?   It's truly horrible being pursued for £100 for no reason, by an ex-clamper aggressive firm, isn't it? 

Join us in trying to end the conniving PPC and DRA 'added fees' fuelling the court culture. 

There will be one window of opportunity later this year.  My best guess is in October.

Together, we can stop the rotten parking industry from riding roughshod over the new statutory Code and the charge level caps, and otherwise bullying all motorists forever, using the regulation to gain kudos and status.

If you are not likely to pop back here every week to check, please set up email alerts for this forum and bookmark this thread (below) as we intend that one of us posts on it when the Government opens the Consultation:

https://forums.moneysavingexpert.com/discussion/6333989/mse-parking-ticket-appeals-guide-feedback#latest

Read the latest posts there.

The PPC money-grabbers have blocked the new Code by filing for Judicial Reviews.  Stopped the declared and much welcomed parking code from February 2022, which stated that added £70 false 'DRA fee' extortion was to be banned and that parking levels would start at £50.

It's on hold. Motorists urgently need it reinstated and the ban on false 'DRA fees' confirmed, to stop the rot.

This year will be your chance to make a difference, plus any other drivers you know (family, friends) who are also fed up to the back teeth with the greedy and unscrupulous parking industry and the stranglehold they have on people.

We need high numbers of real victims to make a point of responding to this final Consultation.