Link Parking PCN n- ow gladstone letter of claim - used Incorrect machine for area - Llynfi Court, Llynfi Lane, Bridgend ***Claim Discontinued***

[Brunowales]

Hi All

 

My wife received a PCN from link parking for not displaying a valid pay and display ticket. 

There are 2 car parks adjacent to each other. 

The pay and display meter in the car park she was in was taped up and has been for a while.

 

She didn't see the sign showing alternative payment methods and found another pay and display meter to purchase a ticket (both car parks are £3 daily) so displayed a ticket for the adjacent car park.  

 

It was a genuine mistake as she was rushing to catch a train for jury service and to be honest the signs and layout is not the best despite what Link claim.

 

Problem now is she has appealed to Link (rejected) and worse she has appealed using IAS and has told them she is keeper and driver. 

She has received a reply from IAS with Link offering their evidence and has 5 days to reply their evidence. 

I know she shouldn't have done this but I was none the wiser so now have to try and sort this out.

 

Should we reply with her evidence to IAS as she has started the process. 

The fine is for £100 even though it states £125 on sign. 

I am not prepared to pay this but may find this difficult now she has disclosed keeper and driver name.

 

Any advise greatly appreciated.

[Brunowales]

1 The date of infringement? 26/02/2019

 

2 Have you yet appealed to the parking company yet? [Y/N?] Yes

 

if you have then please post up whatever you sent and how you sent it and the date you sent it,

suitably redacted. [as a PDF- follow the upload guide

 

has there been a response? Yes

please post it up as well, suitably redacted. [as a PDF- follow the upload guide]

 

If you haven't appealed yet - ,.........

 

have you received a Notice To Keeper? (NTK) [must be received by you between 29-56 days] No

what date is on it

Did the NTK provide photographic evidence?

 

3 Did the NTK mention Schedule 4 of the Protection of Freedoms Act 2012 (PoFA) [Y/N?]

 

4 If you appealed after receiving the NTK,

did the parking company give you any information regarding the further appeals process?

[it is well known that parking companies will reject any appeal whatever the circumstances]

 

5 Who is the parking company?Link Parking

 

6. where exactly [Carpark name and town] did you park?  Llynfi Court Bridgend

correspondance.pdf

[Brunowales]

Hi DX

 

The date on the PCN is 26/02/2019 - have not received NTK yet

PCN Redacted.pdf

[Brunowales]

HI EB

 

Many thanks for the reply - the street name is Llynfi Lane, Bridgend - you can see both car parks on google earth street view.

 

Many thanks

[Brunowales]

Hi EB

She was parked in the carpark to the left of the access to the council car park.  This is a Simply Park car park but is confusing as council car park sign is adjacent to this and looks like its part of the car park where she was parked..

 

Ticket attached.  I will get photos of meters pronto.  I also have photos from Link via IAS - do you need to see them? One of them is a warning sign that is not displayed at the car park which they included as evidence - I have also attached this as.

 

Many thanks for the assistance - donation on its way

Link Sign Type 22.pdf

[Brunowales]

Thanks DX - I couldnt find edit anywhere?

[Brunowales]

Thanks very much EB

 

I will be getting photos this week to add to ones I already have.  I am not going to appeal further with IAS as its a waste of time - I will await the LBA from the parking ticket firm.

[Brunowales]

Hi EB

 

Thats  exactly what I thought about the sign - cut and paste job and not displayed anywhere. I think  I will have a pretty good defence when needed .

 

thanks again for the assistance

[Brunowales]

Hi All

 

Have received a reminder notice which I have attached.  When my wife appealed she used my e mail and used my name but named herself as the keeper and driver at the time during the appeal process.  However the reminder notice is addressed to me and has stated that I have been named as the driver.  I am correct in saying it is safe to ignore this notice?

Reminder Notice Redacted.pdf

[Brunowales]

I have copies of all emails and have downloads/screenshots etc of appeals - my wife is RK

[Brunowales]

Already done that DX - cheers

[Brunowales]

Hi ericsbrother

 

I have not sent them anything.  The only correspondence was the 2 appeals my wife made thats it.

[Brunowales]

Hi All

 

I have received a letter from BW Legal regarding the PCN.  Its addressed to me even though my wife is registered keeper and stated this in the appeal she submitted as well as stating she was the driver.  They have also said that we have failed to make a payment (true) or raised an appeal within 28 days of the PCN (false).

 

They are demanding £100 for PCN and £60 in legal costs.  The letter states that these charges are detailed in the car park signage terms and conditions that are clearly displayed in the client signage - there is no such signage - during the appeal they sent a jpeg image of what a sign looks like there isnt one in the car park.

 

Shall I respond to this letter pointing out the flaws in their findings - could someone please advise - many thanks.

[Brunowales]

I have now received a letter of claim from BW Legal for the PCN - will now wait for the claim form,

[Brunowales]

Hi ericsbrother

 

That letter will be winging its way tomorrow lol. Thanks very much 

[Brunowales]

Thanks very much Andy

 

Just want to update thread, received letter out of blue from BW Legal offering 20% discount on debt of £160 for parking fine.

 

My initial thought is to ignore does everyone agree?

[Brunowales]

Hi All

Thought this had gone but have received yet another letter of claim from BW legal.

 

I sent a SAR to Link when I received the last letter and replied to BW stating this.  Received the SAR last September and not heard anything since.

 

Is it worth replying to these muppets or just wait for the claim to drop?

[Brunowales]

After I sent a reply to the last letter before claim, I heard nothing from them until the latest one.

 

Link send some documents etc in the SAR but what they sent was just photos etc pretty poor to be honest.

 

I am going to respond stating that this will be the last correspondence I will be sending and for them to issue a claim if they feel they have a case.

[Brunowales]

Hi All,

I have received a letter today off BW Legal informing me that a claim has been issued on the 21st December 2020 for this parking ticket. 

 

I have not received the claim form or a letter sent by them on 15th December stating they will be issuing a claim. 

It looks like I am now outside the 28 days to acknowledge the claim so am unsure of what steps to take now. 

 

Could someone please advise on what steps I can take.

[Brunowales]

Hi I have not moved and find it very strange I did not get the letter on 15th.  I have just spoken to the court and they are e mailing me the pack and have told me to get my defence in as soon as possible as technically I am out of time. What a joke.

[Brunowales]

Hi All, I have again spoken to the court who say they cannot e mail me a copy of the claim form but can sent particulars of claim - they have send PDF's for defense etc.  They have said to contact BW Legal for details of claim.  Surely this is not correct?

[Brunowales]

Name of the Claimant :Link Parking Limited

 

Claimants Solicitors: BW Legal

 

Date of issue – 21st December 2020

 

Date for AOS - 9th January 2021

 

Date to submit Defence - 22nd January 2021

 

What is the claim for –

 

1. the claim is for the sum of £114 being  the contractual charge due from the defendant in respect of a parking charge notice (pcn)  for a contractual breach which occurred on  **/**/**** in the private car park/land at  lynfi court - lynfi lane bridgend cf31 1su.  in relation to a ford fiesta   registration mark *******.

 

2. the pcn was issued as the defendant failed to comply with the terms and  conditions, as displayed.  

 

3.despite demands, the charge remains unpaid.  

 

the claim also includes statutory interest  pursuant to section 69 of the county courts act 1984 at a rate of 8% per annum (a daily  rate of £0.02) from 26/02/2019 to 14/12/2020 being an amount of £**.**.  the claimant also claims £60.00 recovery costs as set out in the terms and conditions and in the ata aos code of practice

 

What is the value of the claim?£248

 

 

Amount Claimed £173

court fees £75

legal rep fees 

Total Amount £248

[Brunowales]

The court has said to get the defense in as soon as possible as the claimant has not yet activated the CCJ.  They have said to e mail the defense in.

 

The court has told me to contact the claimant for a copy of the claim form, the claimant has said that they dont have it and to ring the court - going round in circles with this one.  I am going to get the defence done asap and e mailed in.

[Brunowales]

Thanks DX will get that sorted now

[Brunowales]

Couldn't get through to MCOL yesterday afternoon - looks like the claim was issued on 15th December not 21st like I was told.  Will try again today but not looking good time wise.