Link Parking management 'Fine',now claimform - help

[dave2015]

Hi, I bought a £3 all day parking ticket for a Link Parking maintained carpark.

 

 

The ticket moved when I closed the door and flipped up side down displaying the blank side (back of the ticket).

 

 

I received a fine for this (£60 now or £100 if left).

 

 

I followed their appeals procedure and was rejected,

 

 

I appealed to IPC who sympathised but also rejected.

 

 

Is there anything else I can do?

[ericsbrother]

Yes, you can ignore their demands for money from you.

 

As you paid the prescribed fee and displayed your ticket you have adhered to the terms of the contract.

Anything else they say about illegible tickets etc is all nonsense and the truth is that they are using the flimsiest of excuses to try and gte money from you when it isnt due.

 

If they send you a LBA then come back here and we will offer an aoutling of a defence against their claim.

 

 

Saying anything else will be wasted time until that tyime so forget about them.

 

 

If you get a letter from a DCA ignore them as well, they have no say in any matters and are just rentamouths.

[dave2015]

Thanks ericsbrother. They are using the "display" part to say their fine is valid. I will do nothing and see if they respond.

[mikeymack2002]

Is this a private car-park if so when the owners rejected your appeal they should have sent you a POPLA number have you had this yet if not ask for it asap and appeal to them...

[dx100uk]

its an IPC member MM

 

 

dx

[dave2015]

Hi Mikeymack2002

 

 

It is a private land carpark,

 

 

Link Parking do not seem to be listed on the POPLA list of member companies.

 

 

They did not send me a number, just referred me to the IAS.

 

 

Should they still have sent me a number even if I can't find them listed in the POPLA directory?

[mikeymack2002]

Thanks for correcting my error at post #4 dx sorry to poster

[renegadeimp]

It's also not a fine, so stop thinking it is.

[ericsbrother]

so to reiterate, ignore anything that isnt a lba. You may well get a letter from Gladstones Solicitors on behalf of the company. If you do write back to them telling them that as you paid to park there is no debt to them or anyone they represent and they should stop abusing their position as the mouthpiece of the IPC and misusing your data.

[curlos]

Hi I have received a County Court Claim form asking for payment. Any help would be appreciated.

Thanks

 

Nick

 

I am the original poster Dave 2015, why I have a new username I don't know.

Edited October 1, 2015 by curlos
addition

[honeybee13]

I am the original poster Dave 2015, why I have a new username I don't know.

 

Hi. I'd be surprised if it's anything on CAG. Dave2015 is still there at the top of the thread. Do you have two usernames?

 

HB

[ericsbrother]

Did you receive a letter before action not less than 14 days ago stating that it was such a letter under civil procedure regs?

 

Who has signed off the claim,

Link parking or a solicitor?

 

Have you checked the claim number to see if it a real claim or is ita form that hasnt been actually issued by the courts

and if it is the latter then a complaint to the SRA if sent by a solictor would be a wise move.

 

In the meanwhile acknowledge the claim and tick the box saying you intend to defend in full, do not accept mediation so dont tick that box.

 

If you ack the service of the N1 then you have a further 28 days plus some service time to post a defence.

 

 

It does not have to be a full defence at the moment but something simple like the defendant paid the prescribed fee

and displayed a receipt for payment so no breach of contract occurred.

 

 

I would also ask the local council planning dept if they granted planning permission for the signage at the site

under the 2007 Town and Country planning regs concerning advertising display signs.

 

 

If they havent got PP thentheir signs are there illegally and no contract can ever be formed, even if you wanted to.

Tell us exactly what has occurred since your last posting and tell us what exactly the claim says so we can help further.

[curlos]

Hi Ericsbrother, thanks for your help. I had a letter from Link saying the charge had risen to £100, Gladstones worte asking for £150 or they would recover the money through Court, yesterday I recived the Small Claims Court papers asking for £226.94!

[ericsbrother]

Then post up the particulars of claim and fire off the letter to Link demanding proof of assignment from the landowner

to make claims and take civil action in their own name and

also for proof of planning permission being granted for their signage under the Town and Country Planning regs of 2007.

 

 

As said, get on to the local council and ask them yourself as if no planning permission then the signs are there illegally

and no contract can ever be formed, even if you wanted to.

 

acknowledge service within 12 days, tick boxes saying defending in full and no mediation

and then get the above letter off under CPR 31.15 and

ask council by email so you get a written response you can print off.

 

 

If the council say no PP then tell Gladstones that you are defending on the basis of illegal signage

and will report Link for fraud by misrepresentation as them to the SRA for incitement to commit fraud

for they are not only the representatives of Link but also the IPC and they,

as the IAS should have obtained this information so themselves before making a wrong decision

and then encouraging their member to use their services to make a spurious claim to their own detriment.