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Link Parking residently PCN
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Loadsofchildren123 wrote: »Wait to see if they issue.
To answer your Q about the lease rights - which will become relevant at the point/if they sue your visitor - you have a letter from the landlord saying they have those rights and have passed them to you. In theory this should be enough. However, some judges can be a bit pro-PPC and so you are better off getting a copy of the lease to show without any doubt that the rights belong to the landlord - it costs about £10 to get a copy of the lease from Land Registry. You don't need to worry about that at this stage, it's not necessary for your defence and will only become relevant if your visitor faces a claim.
The landlord provide me with what she called the lease document, it was a plan of the land showing the space number and the details of the flat it belongs to (the one I'm renting) - is this enough for the time being or does there need to be a written counterpart?0 -
You do it at the same time as putting in your defence, and in the same document.
You have to pay a fee, in the same way you would if it was a new, freestanding claim (£25 if under £500 claimed I think is the fee).
We can advise you more if and when they proceed.Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.0 -
If you do think you would like to counterclaim, you must write the LBC first.
The pre-action Practice Direction applies equally to you as it does to the PPC. You can't criticise them for failure to comply (which you will want to do) if you don't comply with it yourself. The LBC is a critical part of the Practice Direction, as is producing your "core" documents that you'll rely on to prove your counterclaim.
Also, sending the LBC may well put them off issuing against you so it's worth doing it for that reason as well.
What you describe isn't the lease, but it's good enough for present purposes - I think it is the lease plan showing the "demised property" - ie what property was sold to the landlord and which s/he owns the leasehold title to, which is the flat and the space. So produce that with the LBC and the email from your landlord confirming that s/he owns the space as part of the leasehold title, and that s/he has granted you exclusive rights to the space under your tenancy.
If you were to get as far as a counterclaim, you'd need to order a full copy of the lease from the Land Registry (at a cost of about £10 so it's not a biggie and you'd probably recover the cost if you won). but I don't think you need to worry about that now.Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.0 -
I've had an email from litigation at gladstones:
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Please find attached the initial appeal made to our client. The email suggests you were the driver of the vehicle and you do not state you are appealing on another person's behalf.
Regards"
They sent me a copy of my initial email to Link Parking where my words were 'I received a parking ticket' ��
I remember calling them the day I got the ticket and they just said it's fine they will cancel the ticket if it's a mistake you just need to appeal. I didn't think there'd be an issue since I knew i registered the vehicle so I didn't get hung up on wording. I learnt that lesson by the second appeal stage.
Shall I just pay? Or shall I go back to my original defence with the lease?0 -
why on earth would you even consider paying them, when they should be paying you?From the Plain Language Commission:
"The BPA has surely become one of the most socially dangerous organisations in the UK"0 -
why on earth would you even consider paying them, when they should be paying you?
True point. I'm just dreading the idea of this having to go further, especially since they're using my initial response as ammo now. I did email Link to advise (long before it got this far) that when I sent that initial email it was informal, since they told me that it would be sorted easily. I figured they wouldn't pursue anything like this since I was a resident with a lease... how naïve.0 -
lillianjcharlotte wrote: »True point. I'm just dreading the idea of this having to go further, especially since they're using my initial response as ammo now. I did email Link to advise (long before it got this far) that when I sent that initial email it was informal, since they told me that it would be sorted easily. I figured they wouldn't pursue anything like this since I was a resident with a lease... how naïve.
When they say "litigation", it is no doubt their tea boy
Gladstones will be stupid to take a residential case to court, don't they read what is happening in court about residential cases, the judges whoop solicitors doing this.
Why did Gladstones pursue this ???
Greed and ignorance and incompetence.
You have a right to park so that's all you need to show a judge
is proof0 -
lillianjcharlotte wrote: »True point. I'm just dreading the idea of this having to go further, especially since they're using my initial response as ammo now. I did email Link to advise (long before it got this far) that when I sent that initial email it was informal, since they told me that it would be sorted easily. I figured they wouldn't pursue anything like this since I was a resident with a lease... how naïve.
It looks like you did admit to being the driver in both an email AND a phone call!
(If you have inadvertently used your real name as your board name then you need to get MSE to change it - the PPCs monitor this forum and can use your posts and thread against you.)0 -
It looks like you did admit to being the driver in both an email AND a phone call!
(If you have inadvertently used your real name as your board name then you need to get MSE to change it - the PPCs monitor this forum and can use your posts and thread against you.)
I don't remember how I worded it on the phone call, it was so long ago. I didn't think I was admitting to anything - I was handed the parking ticket and appealing for a friend. I worded it that way since the vehicle was parked in my space. Like I said, I really didn't think it would ever get to this stage. It's my own stupidity.
I still have the lease document and a written notice from my landlord to say I have dominion over the space. But at this point I'm getting concerned and considering just paying the damn thing.0 -
If its a residential space, to which the OP has pre existing/landowner/lease rights to, then it didn't matter one bit who the driver is/wasFrom the Plain Language Commission:
"The BPA has surely become one of the most socially dangerous organisations in the UK"0
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