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  • FIRST POST
    • ControlTheLeaf
    • By ControlTheLeaf 16th Mar 18, 12:30 AM
    • 18Posts
    • 28Thanks
    ControlTheLeaf
    Link Parking County Court
    • #1
    • 16th Mar 18, 12:30 AM
    Link Parking County Court 16th Mar 18 at 12:30 AM
    Hi everyone!

    Link Parking issued us a ticket on our very first day but our letting agent cancelled it before it got any further but few months ago, I was slapped with another parking charge notice for parking in our flat's allocated bay (there's only around 30 bays in our gated residential compound) for 'Not clearly displaying a valid permit'. However the permit was visible on the passenger seat. They took photographs of the car in it's bay, with very angled pictures of the windows and the dash but avoiding the seat.

    I appealed it with Link, and unsurprisingly it was rejected. Now I have received a County Court Claim form. I have submitted my acknowledgement but need to get my defence in. Please could anyone help?

    The tenancy agreement says:
    -The tenant acknowledges that in order to gain access to the parking area allocated to the Property a current parking permit is required.
    -The Tenant agrees that any fines or penalties imposed upon the Tenant as a resut of parking within the environs of the Property without either a current parking permit or outside the allocated parking area will be payable upon demand by the Tenant.

    The sign says:
    Vehicles must fully display a valid permit and park within the confines of a marked bay.
    Thanks in advance!
Page 2
    • ControlTheLeaf
    • By ControlTheLeaf 10th Sep 18, 11:52 AM
    • 18 Posts
    • 28 Thanks
    ControlTheLeaf
    Not with gladstones,
    "In chambers at bristol" is what i got when asked
    • IamEmanresu
    • By IamEmanresu 10th Sep 18, 12:12 PM
    • 3,261 Posts
    • 5,469 Thanks
    IamEmanresu
    She'll be hired via Elms Legal as a "solicitor's agent".

    Ask the judge why the Claimant is not there and why you are not given the opportunity to ask questions of the claimant directly. Hints at the Claimant not wanting to be too closely questioned.
    If you want to win - avoid losing first. Here are a few examples
    1. Failing to Acknowledge or Defend https://forums.moneysavingexpert.com/showthread.php?t=5760415
    2. Template defences that say nothing https://forums.moneysavingexpert.com/showthread.php?t=5818671&page=5#86
    3. Forgetting about the Witness Statement
    • ControlTheLeaf
    • By ControlTheLeaf 10th Sep 18, 12:55 PM
    • 18 Posts
    • 28 Thanks
    ControlTheLeaf
    WIN!!! Judge said that when cross examined I stood my ground and was clearly honest. My lovely partner was repping me and did a great job to
    • beamerguy
    • By beamerguy 10th Sep 18, 1:02 PM
    • 8,424 Posts
    • 11,082 Thanks
    beamerguy
    WIN!!! Judge said that when cross examined I stood my ground and was clearly honest. My lovely partner was repping me and did a great job to
    Originally posted by ControlTheLeaf
    Great

    Can you give us a full report and what happened to the vanishing
    solicitor.

    Yet another incompetent case for Gladstones and their
    little buddies
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • Umkomaas
    • By Umkomaas 10th Sep 18, 1:04 PM
    • 19,383 Posts
    • 30,617 Thanks
    Umkomaas
    WIN!!! Judge said that when cross examined I stood my ground and was clearly honest. My lovely partner was repping me and did a great job to
    Originally posted by ControlTheLeaf
    Great news.

    When you're home, could you provide us with a bit more detail on how it all went, how the Judge reacted to your case and the one put forward by the barrister for the PPC?

    Name of court? Name of Judge? Any costs awarded to you?
    The fact that I have commented on your thread does not mean I have become your personal adviser. A long list of subsequent questions addressed for my personal attention is unlikely to receive a reply.
    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
    • ControlTheLeaf
    • By ControlTheLeaf 10th Sep 18, 1:07 PM
    • 18 Posts
    • 28 Thanks
    ControlTheLeaf
    Will write up all the juicy deets when home. Sooooo haaaaappy!
    • ControlTheLeaf
    • By ControlTheLeaf 10th Sep 18, 5:29 PM
    • 18 Posts
    • 28 Thanks
    ControlTheLeaf
    Details:

    Own (rented property) residential space in private gated compound. Permit was on passenger seat rather than the windscreen permit holder.

    Court report:

    Hearing was scheduled at 12:00 at the Gloucester County & Family court so arrived early (11:30), went through security and spoke to the usher. The waiting room was empty for around 10 more minutes or so when a lady swanned in, and introduced herself as Ms Lewis and that she has been appointed by Gladstones to be their barrister.

    When asked, she got a bit evasive as to whether she was an employee of Gladstones and only said that she was a 'barrister at Bristol Chambers'. She then proceeded to disappear until 5 minutes before we were called in (which was 12:00 on the dot).

    In the office, we introduced ourselves (my partner was being my rep as I have a stutter and it would have taken an age to say anything) and the DJ was very friendly and thorough in explaining the procedures and what happens next i.e I will be asked questions, then everyone will have a turn to say their piece.

    Ms Lewis then proceeded to be quite aggressive with her questions to me, and made a lot of 'suggestions to the court' that I was lying and that the permit wasn't in the car at all. Her main points were that there were several pictures of the car with no permit, and that the contract between our landlord and Link Parking say that we should have a valid permit on display in the window. She also said that an upstanding member of a parking company would have had enough sense and integrity to not issue a ticket if there was a permit anywhere on display. (hahahaha)

    My partner countered with the pictures of signs and our own contract that only say that a valid permit should be on display. A point was also made about how awful the glare was in the pictures they took, and all you can see is that there wasn't a permit in the holder on the windscreen.

    It seems the judge must have heard enough after this, as she stopped us and summed up the case. The summing up felt like it lasted a lifetime as it does when you have no idea if you have won or not, but the DJ was very kind and said that I had stood my ground when cross examined- that I had looked her in the eyes when saying the permit was in the car and that she definitely believed me. She dismissed the case saying that Link Parking were unjustified in giving out a ticket. I then proceeded to give her my costs sheet (time off work, mileage, parking) and all was fine.

    All in all the process took around 45 minutes and was completely worth the look on Ms Lewis' face as she held the door open for me.

    I'm not sure which DJ I had, as my letter said DJ Ellery but the daily court list thing had a different name on..


    MSE has been so useful, especially the sticky and the people that have answered my nooby questions. Thanks!
    • Umkomaas
    • By Umkomaas 10th Sep 18, 5:51 PM
    • 19,383 Posts
    • 30,617 Thanks
    Umkomaas
    Thank you for your report, very interesting and once more, well done.

    She also said that an upstanding member of a parking company would have had enough sense and integrity to not issue a ticket if there was a permit anywhere on display.
    I've just wiped my spat out coffee from my iPad after reading that! Oh my! Those words should never be used in any sentence describing a parking gimp!
    The fact that I have commented on your thread does not mean I have become your personal adviser. A long list of subsequent questions addressed for my personal attention is unlikely to receive a reply.
    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
    • IamEmanresu
    • By IamEmanresu 11th Sep 18, 6:39 AM
    • 3,261 Posts
    • 5,469 Thanks
    IamEmanresu
    Was it this one?

    https://invictuschambers.org/barristers/martha-lewis

    She also said that an upstanding member of a parking company would have had enough sense and integrity to not issue a ticket if there was a permit anywhere on display.
    As mentioned before, and always useful to raise ....

    Ask the judge why the Claimant is not there and why you are not given the opportunity to ask questions of the claimant directly. Hints at the Claimant not wanting to be too closely questioned.
    If you want to win - avoid losing first. Here are a few examples
    1. Failing to Acknowledge or Defend https://forums.moneysavingexpert.com/showthread.php?t=5760415
    2. Template defences that say nothing https://forums.moneysavingexpert.com/showthread.php?t=5818671&page=5#86
    3. Forgetting about the Witness Statement
    • ControlTheLeaf
    • By ControlTheLeaf 11th Sep 18, 9:38 AM
    • 18 Posts
    • 28 Thanks
    ControlTheLeaf
    Had a nosey, it was this one..
    http://queensquarechambers.co.uk/mediation-view/joanna-lewis-clinical-negligence/

    .

    I've just wiped my spat out coffee from my iPad after reading that! Oh my! Those words should never be used in any sentence describing a parking gimp!
    Originally posted by Umkomaas
    I thought I saw the DJ bite back a smirk too.
    • Johnersh
    • By Johnersh 11th Sep 18, 12:40 PM
    • 1,176 Posts
    • 2,233 Thanks
    Johnersh
    Blimey. A 2004 call. That's quite senior for a minor parking issue.

    It's either been a very expensive day for the PPC (not least because they lost too) or Ms Lewis is very light for work...
    "The best advice I ever got was that knowledge is power and to keep reading."
    DISCLAIMER: I post thoughts as & when they occur. I don't advise. You are your own person and decision-maker. I'm unlikely to respond to DMs seeking personal advice. It's ill-advised & you lose the benefit of a group "take" on events.
    • ControlTheLeaf
    • By ControlTheLeaf 11th Sep 18, 4:00 PM
    • 18 Posts
    • 28 Thanks
    ControlTheLeaf
    Blimey. A 2004 call. That's quite senior for a minor parking issue.
    Originally posted by Johnersh
    What do you mean? They dont tend to get people like her involved?
    • Johnersh
    • By Johnersh 12th Sep 18, 12:09 AM
    • 1,176 Posts
    • 2,233 Thanks
    Johnersh
    Simple enough, really:

    An advocate is common. Most of those retained
    by PPCs to do these hearings are 'babies.' Law graduates, who have sat a postgraduate - strictly speaking, barristers, but often with limited experience. They join agencies often between securing long-term roles for cash and advocacy experience - lots of hearings sharpens up court skills quickly.

    Your advocate appears to have a regular practice (in healthcare, oddly enough) and with more than a decade of court experience. I'd expect her to charge more to reflect that....
    "The best advice I ever got was that knowledge is power and to keep reading."
    DISCLAIMER: I post thoughts as & when they occur. I don't advise. You are your own person and decision-maker. I'm unlikely to respond to DMs seeking personal advice. It's ill-advised & you lose the benefit of a group "take" on events.
    • Coupon-mad
    • By Coupon-mad 12th Sep 18, 12:46 AM
    • 61,458 Posts
    • 74,332 Thanks
    Coupon-mad
    Details:

    Own (rented property) residential space in private gated compound. Permit was on passenger seat rather than the windscreen permit holder.

    Court report:

    Hearing was scheduled at 12:00 at the Gloucester County & Family court so arrived early (11:30), went through security and spoke to the usher. The waiting room was empty for around 10 more minutes or so when a lady swanned in, and introduced herself as Ms Lewis and that she has been appointed by Gladstones to be their barrister.

    When asked, she got a bit evasive as to whether she was an employee of Gladstones and only said that she was a 'barrister at Bristol Chambers'. She then proceeded to disappear until 5 minutes before we were called in (which was 12:00 on the dot).

    In the office, we introduced ourselves (my partner was being my rep as I have a stutter and it would have taken an age to say anything) and the DJ was very friendly and thorough in explaining the procedures and what happens next i.e I will be asked questions, then everyone will have a turn to say their piece.

    Ms Lewis then proceeded to be quite aggressive with her questions to me, and made a lot of 'suggestions to the court' that I was lying and that the permit wasn't in the car at all. Her main points were that there were several pictures of the car with no permit, and that the contract between our landlord and Link Parking say that we should have a valid permit on display in the window. She also said that an upstanding member of a parking company would have had enough sense and integrity to not issue a ticket if there was a permit anywhere on display. (hahahaha)

    My partner countered with the pictures of signs and our own contract that only say that a valid permit should be on display. A point was also made about how awful the glare was in the pictures they took, and all you can see is that there wasn't a permit in the holder on the windscreen.

    It seems the judge must have heard enough after this, as she stopped us and summed up the case. The summing up felt like it lasted a lifetime as it does when you have no idea if you have won or not, but the DJ was very kind and said that I had stood my ground when cross examined- that I had looked her in the eyes when saying the permit was in the car and that she definitely believed me. She dismissed the case saying that Link Parking were unjustified in giving out a ticket. I then proceeded to give her my costs sheet (time off work, mileage, parking) and all was fine.

    All in all the process took around 45 minutes and was completely worth the look on Ms Lewis' face as she held the door open for me.

    I'm not sure which DJ I had, as my letter said DJ Ellery but the daily court list thing had a different name on..


    MSE has been so useful, especially the sticky and the people that have answered my nooby questions. Thanks!
    Originally posted by ControlTheLeaf
    I've just caught up with this outcome, glad to see another one bites the dust!

    VERY well done to you and your wife and for getting costs as well.

    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • ControlTheLeaf
    • By ControlTheLeaf 15th Sep 18, 1:42 PM
    • 18 Posts
    • 28 Thanks
    ControlTheLeaf
    Recieved letter confirming dismissal. Name of judge was District Judge Toussaint
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