Link Parking / BW Legal - OWN residential parking bay

Coupon-mad

eagle5 said:

I have the template ready to appeal online including a bank transaction. I am still going to attempt to go into store this week and if the store manager gives me the run around or refuses to cancel the ticket, I will complain via email including CEO and any MD's I can identify!

As long as that appeal is done in the name of the registered keeper, not you.

eagle5

Hi everyone, 

Since the win at court for the ticket re: my parking bay, I have had countless amounts of tickets attached to my windscreen and then in the post, now back to BW Legal. I contacted Link on more than one occasion to advise of the court outcome (and show the harassment) but the same attendant won't back down.

I've approached the attendant once as he applied a ticket to a neighbour and questioned his actions - he did not receive this conversation well and ran off. He is smart enough to avoid my dash cam being triggered and on the last two occasions, the yellow plastic has been glued to the windscreen, leaving residue. I recorded removing the ticket this morning and residue left.

I'd like to file for harassment, when the garage shutters are broken open the attendant drives in using a car and obviously targets my car. Is it an option to counter claim for when the court form arrives or am I better to start an independent claim? 

Coupon-mad

You can do either.

Fruitcake

The keeper should wait for the NTKs to arrive which would then constitute a breach of the DPA 2015 and GDPR 2018. Successful claims on those grounds normally run at £250 per pop. Of course, only the keeper can bring these claims.

eagle5

Hi, seeing if anyone can help - 

So life took it's toll with deaths / sickness and the parking situation became a nightmare, no excuse just no energy to put to something I am not in the wrong for.

Got another court order and restarted the process of going to court. Attended a hearing and it felt like a losing battle until the judge (inexperienced in the field or legislations around leaseholder rights) threw a lifeline and told the claimant's rep that their original particulars of claim was inadequate and to resubmit, which they did. Although the judge wanted a negotiation, they offered me a discount of £200 (lol) and the judge commented to the claimant's rep about the unlawfulness of additional charges which exceed double the cost of the total of tickets issues at max charge. 

I am now responding and I have contacted parking appeals group to handover, they have not responded. I started researching if I could get the case set aside or thrown out as there has been no change to the lease since my last win - want to know if I can do the N244 and where I can get help to complete it if it is an option for me. Ideally want this case and all future ones they will bring to be thrown out on the same grounds. If there is any recommendation of a legal rep, please share. 

Coupon-mad

Contestor Legal are great! Jackson Yamba is a barrister who knows his stuff in this field.

Do you mean you had an initial hearing and did not settle the case and you are in the midst of complying with the Judge's Order?

Show us the Order.

Show us the C's revised Particulars of Claim.

eagle5

Coupon-mad said:

Contestor Legal are great! Jackson Yamba is a barrister who knows his stuff in this field.

 - Thank you!

Do you mean you had an initial hearing and did not settle the case and you are in the midst of complying with the Judge's Order?

- I had a hearing date, not preliminary etc or initial - sent the witness statement and evidence etc. In this the judge stated the particulars of the claim were not lawful and told the claimant's rep to resubmit if they wish.

Show us the Order.

- I phoned the court as I received the revised version and no letter from court - they said I did not have to submit anything as there is nothing in the notes for me to do, however, in the court room the judge stated for claimant to resubmit, for me to reply and they must reply to me.

Show us the C's revised Particulars of Claim.

- Will get this uploaded ASAP 

Will need to redact info before posting as the solicitors have been writing about MSE in their statements -_-

Fruitcake

It matters not what the claimant's solicitors have said about MSE information that is in the public domain. It's usually whinging cry-baby nonsense that people have used template information (at least one judge has said, so what) yet repeatedly churn out the same templates themselves with the same spelling and grammar errors again and again.

"Bwaaaah, bwaaaah, it's not fair the defendants are using varied sources as litigants in person to obtain information to defend themselves and then beat us with the law."