Link Parking LTD Claimform - lent my car - driver in spain - help

[stevea99]

Hi there and thanks for reading,

 

I leant my car to my partners brother last November whilst he was over here on holiday as he lives in Spain.

My insurance allowed him to drive so no worries there.

 

Whilst he borrowed the car he parked on Private land in Cardiff and received a PCN which he never told me about.

 

obviously after the ticket was not paid or appealed they wrote to me advising me of the fact and to which I replied with the drivers details and his address in Spain.

 

I heard nothing more until about 4 weeks ago when I received a letter from a solicitors acting on behalf of the parking company advising me that if I did not pay the PCN in full plus expenses I would be taken to court.

 

I wrote back to the solicitors advising them that I was not the driver at the time of the ticket being issued and again gave them the name and address of the driver all be it a Spanish address.

I told the solicitors they should direct their action at the driver and not me.

 

Today I have received a county court claim asking for £256 to paid or a CCJ will be registered against me.

 

I have replied to the court claim with a full defence and explained to the court what I have wrote above.

 

My question is

 

as I was not the driver at the time of the ticket being issued and I have supplied the drivers details on 2 occasions am I liable for the charge?

 

Any help or advise would be great.

 

Thanks

[dx100uk]

whos the PPC

whos the claimant on the form?

[stevea99]

Hi,

 

The PPC is Link Parking LTD based in Somerset and the claimant on the form is me the registered keeper.

 

I have informed them twice of the drivers details once when the PPC wrote to me and again when the solicitors wrote to me

[dx100uk]

no the claimant

not the defendent

[stevea99]

Sorry the claimant is Link Parking LTD

[dx100uk]

[stevea99]

Not sure what the means.

 

I am looking at the claim form now and at the top it state claimant and in the box below it says Link Parking Ltd so not sure what I am doing wrong?

[dx100uk]

what bits are relevant

can you fill this out please

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**(1-Viewing)-nbsp

 

and copy and paste the defence you filed please?

 

dx

[stevea99]

Name of the Claimant ? LINK PARKING LTD

Date of issue –. 10/3/16

What is the claim for –

.

07/11/15 reg number/parking ticket number £150 DUE DATE 04/1/16

TOTAL DUE £150

AND THE CLAIMANT CLAIMS

THE CLAIMANT CLAIMS THE SUM OF £152.14 FOR PARKING SERVICES AND INDEMNITY COSTS IF APPLICABLE

INCLUDING £2.14 INTEREST PURSUANT TO S.69 OF THE COUNTY COURT ACT 1984 RATE 8% PAFROM THE DATES ABOVE 09/03/16

SAME RATE TO JUDGEMENT OR SOONER PAYMENT

DAILY RATE TO JUDGEMENT £0.03

TOTAL DEBT AND INTEREST £152.14

 

What is the value of the claim? TOTAL VALUE IS £227.14

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? private parking ticket

 

When did you enter into the original agreement before or after 2007? N/A

 

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. GLADSTONE SOLICITORS

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? NO

 

Did you receive a Default Notice from the original creditor? NO

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? NO

 

Why did you cease payments? NO

 

What was the date of your last payment? N/A

 

Was there a dispute with the original creditor that remains unresolved? N/A

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? NO

 

COPY OF DEFENCE SUBMITTED ON COURT PAPERS

 

My vehicle was parked on private land 7/11/15 in Cardiff.

at the time of this ticket being issued I was not the driver of the vehicle.

 

The parking company that issued the ticket wrote to me advising me that a parking ticket had been issued and had not been paid.

 

At this point this was the first knowledge I had of a ticket being issued.

 

I advised the parking company that I was not the driver of the vehicle at the time

and supplied them with the contact name and contact details of the driver who was.

At this point I thought that was the end of the matter.

 

A few weeks later I received a letter from Gladstone Solicitors

advising me that an unpaid parking fine had been issued by Link Parking Ltd.

 

I again wrote to Gladstone Solicitors and I have pasted a copy of this letter below.

 

At every point I have responded with the claimant

and on both occasions I have supplied them with the details of the driver

at the time the ticket was issued.

 

They should take this action up with the driver and not me and thus this claim is invalid.

 

Vehicle Registration number *******

PCN Number *******

 

To whom it may concern,

 

I am writing in response to your letter dated 18/02/2016 in which you are threatening me with court action in regard to a non payment of a parking fine.

 

I would like to point out that I did respond to the original letter from the PCN issuing company

advising them of the details of the driver at the time so I am some what dismayed at the escalation now to yourselves.

 

I will once again include the details of the driver in charge of the vehicle at the time

and would ask you now take this up with them directly

as I have fulfilled my full legal obligation in supplying you with these details.

 

The driver at the time was ***** ****** who lives at the address

 

below.

 

removed

 

If you continue to correspond with me I will record all the details

and charge you £50 per hour in administration fees to cover my time

so pursue the driver of the vehicle and not me or take notice of my fees as listed above.

 

Kind regards

 

 

Leanne ***

[dx100uk]

Not sure what the means.

 

I am looking at the claim form now and at the top it state claimant and in the box below it says Link Parking Ltd so not sure what I am doing wrong?

 

 

nothing wrong

 

 

can you fillout that link I posted you with the bit that are relevant to the Q&A

from your claimform

and copy it here please

 

 

just gathering info for the knowledgeable ones in the morning.

 

 

dx

 

 

oh and you say you filed a defence

that's as well but redact that too

 

 

dx

[dx100uk]

got it posts crossed

 

 

dx

[stevea99]

Thank you for your help

[martin2006]

Might want to remove your car reg no aswell

[unclebulgaria67]

I wonder whether it is worth sending the Solicitors a letter inviting them to withdraw on the basis that you will defend having complied with request to notify their client of the driver, with a statement from the driver that they have not been contacted.

[stevea99]

That is an option but surely the solicitor has already ignored my letter to them disclosing the drivers details and opted to issue court papers. I am not going to pay for a ticket when I was not the driver and had complied with giving them the drivers details

[martin2006]

Of course the solicitor has ignored it, he knows he has zero chance of bringing an action against someone in spain.

He will be continuing to pursue you for it because there is no one else he can target, he also knows if you defend, he doesnt have a leg to stand on.

 

Uncle's letter seems like a good idea

[ericsbrother]

Also,

do you have the original paperwork sent by Link and the subsequent correspondence from Gladstones?

 

Gladstones are the IPC in another frock so as the IPC says it doesnt use the PoFA regarding keeper liability

they can only pursue the driver as their letters are mostly not compliant witht he POFA.

 

 

If the paperwork you have fails to meet the criteria then Link will be acting with vex

and you can go after them for full defence costs

and I would suggest that would include the air fare of your main witness, hotel costs etc etc.

 

Also, contact the council where the car park is and see if Link have planning permission for the signage

that they rely on to form a contract.

 

 

This should be applied for and granted under the advertising display hoardning regs of the Town and Country Planning Act.

 

 

Do not accept that it is deemed consent, it isnt.

Any signage that doesnt have PP is there illegally and you cannot enter intoa contract

based on illegality even if you wanted to.

 

When you know about the planning permission (if they dont have it)

write to Gladstones and demand sight of the contract between the landowner and Link

that assigns the right to enter into contracts with motorists and make claims

and take legal action in their own anme.

 

 

Also ask for a copy of the planning consent for the signage.

 

 

This should be done as a CPR 31.14 discovery request.

Give them 14 days to provide the evidence or you will ask for the claim to be struck out

as having no locus standi, cause for action and being vexatious.

 

Dont ask Gladstones nicely, let them know you will be after their client (if the PP isnt there)

as nothing more than a bunch of crooks.

[stevea99]

Thank you that is excellent advice.