Link Parking / BW Legal - OWN residential parking bay

eagle5

KeithP said:

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.

Yes I noticed after posting it was not the correct link. 
Thank you for your support, I feel better informed. Will not rush the defence and will continue to use this forum/newbies thread to put together my defence. 

Fruitcake

eagle5 said:

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" 

At best your MP is inept. At worst he is lying.

eagle5

KeithP said:

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.

Hi Keith, I am a little confused at the following - 
'3. The Particulars refer to the material location as 'COLOR="red"]LOCATION[/COLOR'. The Defendant has, since COLOR="Red"]DATE[/COLOR, held legal title under the terms of a lease, to Flat No. XX at that location. At some point, the managing agents contracted with the Claimant company to enforce parking conditions at the estate.'
I saw on newbies thread there was a document with guidance created which is no longer available - can you help or point me in the right direction?
I originally put in the location code which was on the ticket Link Parking gave but I wonder if I should put any of the following instead - location (building name) which is on the ticket too or - my plot number or bay number (which differs to plot number) as my plot number corresponds with my lease.

KeithP

eagle5 said:

KeithP said:

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.

Hi Keith, I am a little confused at the following - 
'3. The Particulars refer to the material location as 'COLOR="red"]LOCATION[/COLOR'. The Defendant has, since COLOR="Red"]DATE[/COLOR, held legal title under the terms of a lease, to Flat No. XX at that location. At some point, the managing agents contracted with the Claimant company to enforce parking conditions at the estate.'

Yes, I am confused by that too.
Where exactly have you copied it from?

eagle5 said:

KeithP said:

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.

I saw on newbies thread there was a document with guidance created which is no longer available - can you help or point me in the right direction?

Again, you need to spell out exactly what you think is missing. 
Which document? What guidance?

eagle5 said:

KeithP said:

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.

I originally put in the location code which was on the ticket Link Parking gave but I wonder if I should put any of the following instead - location (building name) which is on the ticket too or - my plot number or bay number (which differs to plot number) as my plot number corresponds with my lease.

And I am really struggling to understand this point and the context too.

Sorry, that's not much help to you.

eagle5

KeithP said:

eagle5 said:

KeithP said:

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.

Hi Keith, I am a little confused at the following - 
'3. The Particulars refer to the material location as 'COLOR="red"]LOCATION[/COLOR'. The Defendant has, since COLOR="Red"]DATE[/COLOR, held legal title under the terms of a lease, to Flat No. XX at that location. At some point, the managing agents contracted with the Claimant company to enforce parking conditions at the estate.'

Yes, I am confused by that too.
Where exactly have you copied it from?

eagle5 said:

KeithP said:

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.

I saw on newbies thread there was a document with guidance created which is no longer available - can you help or point me in the right direction?

Again, you need to spell out exactly what you think is missing. 
Which document? What guidance?

eagle5 said:

KeithP said:

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.

I originally put in the location code which was on the ticket Link Parking gave but I wonder if I should put any of the following instead - location (building name) which is on the ticket too or - my plot number or bay number (which differs to plot number) as my plot number corresponds with my lease.

And I am really struggling to understand this point and the context too.

Sorry, that's not much help to you.

Thank you for your speedy response.
I am completely wrong - I am using a template for fob access car park but just noticed I should be using the templated posted in November 2020 by Coupon-mad with the new October 2020 template. 

To clarify, on one of the templates I am using, there was a document created (now removed) to support filling in the designated areas. The thread is still open to view and use but the supporting document was removed.

KeithP

eagle5 said:

KeithP said:

eagle5 said:

KeithP said:

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.

Hi Keith, I am a little confused at the following - 
'3. The Particulars refer to the material location as 'COLOR="red"]LOCATION[/COLOR'. The Defendant has, since COLOR="Red"]DATE[/COLOR, held legal title under the terms of a lease, to Flat No. XX at that location. At some point, the managing agents contracted with the Claimant company to enforce parking conditions at the estate.'

Yes, I am confused by that too.
Where exactly have you copied it from?

eagle5 said:

KeithP said:

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.

I saw on newbies thread there was a document with guidance created which is no longer available - can you help or point me in the right direction?

Again, you need to spell out exactly what you think is missing. 
Which document? What guidance?

eagle5 said:

KeithP said:

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.

I originally put in the location code which was on the ticket Link Parking gave but I wonder if I should put any of the following instead - location (building name) which is on the ticket too or - my plot number or bay number (which differs to plot number) as my plot number corresponds with my lease.

And I am really struggling to understand this point and the context too.

Sorry, that's not much help to you.

 
To clarify, on one of the templates I am using, there was a document created (now removed) to support filling in the designated areas. The thread is still open to view and use but the supporting document was removed.

Yes, there must be several hundred, if not thousands, of older threads where links don't work.
People delete stuff from dropbox, photobucket, tinypic, etc. when they perceive it has outlived it's usefulness.

Redx

Read this thread , interesting outcomes

https://forums.moneysavingexpert.com/discussion/6270765/won-a-claim-for-damages-for-tresspass-against-parking-control-management-uk-ltd-for-issuing-a-pcn#latest

And the original thread below

https://forums.moneysavingexpert.com/discussion/6128690/legal-claim-for-damages-against-parking-control-management-uk-ltd/p1

As for missing items , message the member who posted it , they may still have the information stored somewhere

eagle5

Redx said:

Read this thread , interesting outcomes

https://forums.moneysavingexpert.com/discussion/6270765/won-a-claim-for-damages-for-tresspass-against-parking-control-management-uk-ltd-for-issuing-a-pcn#latest

And the original thread below

https://forums.moneysavingexpert.com/discussion/6128690/legal-claim-for-damages-against-parking-control-management-uk-ltd/p1

As for missing items , message the member who posted it , they may still have the information stored somewhere

Thank you - very helpful reads! Trespassing is interesting because I thought about this a lot - especially as it is a secure car park, the managing company confirmed the parking company have access via key fob too, but this was never something which I was aware of before asking and I live in a new build which I originally bought off-plan. 

Coupon-mad

You should add a counterclaim at the end of your defence.  Ask the poster of that successful trespass claim thread for help on how to word it, and how much they claimed.  You MUST file the counterclaim at the same time as defence and pay the court fee (£50 for you to claim up to £500 I think, now).  You cannot do it later on.

Also, don't discount the 'key fob' example defence entirely because that is what you put into your 'facts' point #3 and 4 onwards, within the template defence (and renumber below your facts).  Then the counterclaim under that.  To see what that looks like, see the threads by @Redman2186 and @ellaro9 who both had counterclaims tacked onto their defences.

eagle5

Coupon-mad said:

You should add a counterclaim at the end of your defence.  Ask the poster of that successful trespass claim thread for help on how to word it, and how much they claimed.  You MUST file the counterclaim at the same time as defence and pay the court fee (£50 for you to claim up to £500 I think, now).  You cannot do it later on.

Also, don't discount the 'key fob' example defence entirely because that is what you put into your 'facts' point #3 and 4 onwards, within the template defence (and renumber below your facts).  Then the counterclaim under that.  To see what that looks like, see the threads by @Redman2186 and @ellaro9 who both had counterclaims tacked onto their defences.

Thank you - I will look into this option.
With 'key fob', I loved the template and used it until I realised there was a new one from October 2020 that you posted to be used so I have started using that and taken relevant info from the 'key fob' template you had posted. I have done exactly what you have suggested above and renumbered the rest of the template under my facts.