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.

[dx100uk]

 

 

please

[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

[dx100uk]

what date did is on the NTD/PCN/NTK ?

when does it say its a FINE please?

 

[Brunowales]

Hi DX

 

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

PCN Redacted.pdf

[dx100uk]

Was this a windscreen ticket?

[dx100uk]

Looks like it..

shame you appealled.

should have read the guidance here 1st.

 

await eb to comment

but id do nothing more till/if a pap lba arrives

 

its not a fine either!!

[ericsbrother]

as you appealed yu wont get a NTK.

Give us the exact location (postcode or street name or name of retail complex or whatever)and we will have a look on goggleyes. There was a parking co that took a motorist to court under similar circumstances and the judge ate them for breakfast

as this appears to be a residential area can you explain a little more about the layout etc?

Edited April 2, 2019 by ericsbrother

[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

[ericsbrother]

I did look and just found a housing estate called Llynfi Court, there must be 2 places in the locality, I will google again.

Found LLynfi lane, I see 3 car parks, 2 run by Simply Park (2018) and another that is accessed via a road that rund behind the premised and appears to be owned by the council. and is parallel to Tremains RD

so where exactly was your vehicle parked?

You need to get abck there and photograph the signs and meters that are there in both localities plus the signs and meters in the car park run by the council in between. Does the ticket produced on the day from the meter still exist? If so we need to see that as well

[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

[dx100uk]

you could have done it youself by hitting edit.

but ive done it 4u

[Brunowales]

Thanks DX - I couldnt find edit anywhere?

[ericsbrother]

you throw the kitchen sink at this sort of thing so pictures of everything. If the signs are obscured by a bin or tree we want to see them at their worst perspective as well as best. showing a sign is behind a wheelie bin has lost several parking co's their court claims.

Also get pictures of any signs about anything in that road nearby as well, the more you can show that the signage isnt clear and is confusing (or confused by general advertising) the better.

Betre to have all of this and not need it then to go chasing after it in a years time when things have changed at the site and the need is urgent

[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.

[ericsbrother]

the extra picture of the non-existent sign actually shoots their claim down in flames as it is forbidding and not a genuine offer of terms. So, the only way a random person can form a contract is to agree they are breaking it! that is why Will and John are the parking world's solicitors, no-one else would ever consider approving such a dogs breakfast and the ex-clampers are too thick to be allowed pointy scissors to do their own cut and paste signage so they get what they deserve

[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

[ericsbrother]

still early days so dont be tempted to jump the gun and do anything other tha gather info yet. When the NTK arrives please post that up with personal details redacted so we can see what they are saying is the breach and whether they ahve used the correct key phrases to create a liability under the POFA. Often IPC members get the simplest of things wrong and bearing in mind they are supervised at every stage by the world's greatest solicitors, Will and John at Gladstones-(or are they playing at being the IPC today?) it makes you wonder what they get for their membership of that particular club. Perhaps cheap golf lessons.

[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

[dx100uk]

you ignore it anyway regardless!!

as post 17

[Mrs O'Frog]

That's good news, hang on to that one! Double check what your wife sent from your email, just to make sure there is no ambiguity. Are you the RK or your wife?

[Brunowales]

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

[dx100uk]

stop using email!

block them and bounce

[Brunowales]

Already done that DX - cheers

[brassnecked]

Never email a PPC or tame solicitor, if they did try court they would send stuff to you by email at 11:59:59 the day before a hearing and screw you over.