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Bris2wales

Link Parking vs Michal - PCN Claimform - Llynfi Court, Llynfi Lane, Bridgend *** Claim Dismissed***

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What is the outcome of this case? I’m due in court end of month for theEXACT same reason at the exact same car park.

 

i have debunked and demythed their witness statement.

 

can u let me know how u got on? I the witness statement the owner of link parking claims there is nothing wrong the ticket machine has never stopped working as this hasn’t been reported to them. Yet it wasn’t working in November 2018.... April 2018 it wasn’t working (according to google street view) and obviously a year later it still isn’t working.

 

cut a long story short I got my ticket in the time it took me to walk to the ticket machine and back. Since it’s in a different car park. 

 

Apparently the car park without the ticket machine is ONLY for customers paying online although it says that nowhere in the car park ...the place and the company are a joke. I can’t wait to wipe the floor with them in court.

 

the signs also wrongly suggest they are a member of the BPA which they are not.

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Eh?they only posted the letter yesterday!!!

 

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Dx


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Do you want a copy of their witness statement.

So you know what they are agoing to say in court.

It’s a load of rubbish

 

My witness statement should stand up.

I’ve also asked unliquidated damages as counterclaim for breaching of data protection as their was no contravention, they weren’t allowed to obtain my details from dvla, which they did fraudulently. 

 

Mma’s far as you and I are aware on entry to the car park we are forming a contract with HD Ltd T/a Simply park. 

 

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Hi Bris2wales

 

Many thanks for all the info.  At present I have only had a letter before claim but will probably get a claim any way.

 

I am not bothered by a claim as they have many issues not least the fact there is no sign in the car park regarding the contract - they even admitted this when my wife appealed.

 

I dont think you will have any problem beating them in court - please let me know how you get on.

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I will do.

Don’t think I’m jumping on here with my own problems looking for help. I’m not.

Just giving you my info regarding the same.

 

I will upload their witness statement and evidence for you on Wilburn they will rely upon in in court.

That way, if you do get a claim form.

You will already know what their witness statement says and you can base your defence around that.

 

they will try to bully you into having a paper hearing.

Presumably so they don’t have to pay a hearing fee.

But take it all the way if you can

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It is dangerous to assume that the witness statement from one claim will be the same as another. Better to await yours and show it to the experts on here in order to get tailored advice.

There is no bullying to have a paper hearing, simply a request to the court for it. This is rebutted in your directions questionnaire if it gets that far. The reason they do this is not just to save a hearings fee, but mainly because they cannot then be cross examined to show the unmitigated lies that they always make. 

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My time as a Police Officer and subsequently time working within the Motor Trade gives me certain insights into the problems that consumers may encounter.

I have no legal qualifications.

If you have found my post helpful, please enhance my reputation by clicking on the Heart. Thank you

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Iphone docs link removed

Has your name

Use pdf and upload


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so they admit their quality control for the machinery is the automatic issue more charge notices and see what complaint they get afterwards. they also do not quantify how many more they consider a possible wonky machine. If they normallt issue 1 a day then issuing 2 should raise flags for them but it wont, they will just rub their hnads at the thought of the extra money

That wont impress anyone looking at contract law. What a bunch of muppets

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One of the photos they sent in during my appeal shows the machine taped up - clueless liars!

 

They also stated as the machine wasnt working we should have used alternative payment methods.

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Well it’s all to do with “contract law” as we know. In there witness statement they have said that nobody is permitted to park if the machine is out of order. Nowhere, does it say that on any signs. Whatsoever.

 

according to citizens advice. It says “your ticket should be cancelled if the ticket machine was broken” 

 

Further in their witness statement it says that the it is the drivers reaponsibilty to “look” for signs, contrary to the IPC and the BPA code of conduct where it states appropriate signs must be placed at the point of entry “before the driver can make an informed decision as to whether he may wish to continue parking and accept those terms.”

 

it is very clear the parking meter was not working and contrary to their witness statement, hasn’t been working for some period of time.

 

When driving into the site, the only company name you see is “simply park” and therefor you are making a contract with simply park.

 

simply park is a trading name of HD limited, who own the land. Therefore having not engaged in a contract with Link Parking, I will be counterclaim  for unliquidated damages for DATA protection and fraudulently requesting my details from the DVLA.

 

i really cannot wait to the court date. I will also ask the judge (should I win the case) to impose terms that link parking must make there signs more clear/ more prominent and take down signs that show they are a member of the BPA when they are not. And to ensure customers are 100% sure which car park belongs to which company and which car parks belong to the council. 

 

i will also be asking the judge to impose terms upon link parking that stop them using there pay and display machine as money making tool, and to either have the machine fixed, or change the car park/ or signage in order for the public to know what to do in case of such facilities not working. 

 

I

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the bit about not parking when the machinery is bust is  a lie. they have to perform their bit of the contract or it is void and they cnat demand money. that doesnt prevent you from parking, you have been invited on to the land by the landowner and that isnt them.

 

A judge wont have the powers to order anyone to mend their machinery, merely pass judement on any case that subsequently appears in front of them and presumably dismiss them as being hopeless.

Yiou could get an injunction to force them to behave in a certain manner but before you consider that I would clock up another half a dozen charge notices and see them through to the bitter end if possible. use your partner's car so they dont twig they are being set up

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HD Lmited are in hock to the bank so they wont be able to enter into a contract that sssigns such rights to a third party if it was after the charge was applied to their assets.

This again will mean that the parking co cant perform to the contract

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So the plot thickens!! Please can you elaborate? Can I use any of this information in court? 

 

So so the bank have a charge on the land?

 

How do you know this - and where can I obtain such information. And where is their anylegislation that suggests they assign to third party’s etc etc

 

It doesn’t mention Llynfi court or Llynfi house in the charge documents. Only mentions other land that hd ltd have

 

Maybe that means that HD Limited no longer own the land , and that the maintenance contract between link parking and HD limited are null and void ...

Edited by Bris2wales

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other land is other land.

Now if it is covered by this agreement then dates for the conteract with parking co are important, other than that it means very little

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I’m in court tomorrow. But I haven’t received a trial pack.

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Try ringing the court and asking them where the case stands.

 

HB


Illegitimi non carborundum

 

 

 

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what trial pack?

no such thing 

and this is not your thread.

 

dx

 


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Whoa!! Actually I’m on here hopefully to help the OP as I’m in court tomorow for the same thing at the same car park.

 

secondly. The claimant must file a trial pack to the defendant and to the court. 
 

thirdly don’t always assume you know everything.

 

fourth. Don’t be an donkey”

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Ah you mean the Witness Statement and other supporting evidence bundle.


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Bris2Wales your last comment on post 54 was rude and unnecessary. DX100uk has made over 130,000 posts helping people on this forum to your 12. Obviously making so many posts he tends to be quite brief in some of his posts. All of the Site team [ and contributors] on here are unpaid volunteers so the minmum they should expect is a degree of politeness from those who are benefitting from their help.

I notice that you have not posted up your own  PCN problem which is your prerogative, but even so you have been given some helpful advice during your posts with Brunowales. You may even have been given enough to enjoy a better win today. Good luck with your case and it would be helpful if you could kindly let us know the result.

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Good luck Bris2Wales let us know how you get on.

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First of all. Sorry for my reply. It wasn’t meant to sound as non cordial as it was.

 

i won my case. And was awarded loss of earnings. 
 

It was rule the signage there is a lack of, and the signs that are there are unclear. 
 

I’m not too sure if I’m allowed to say anything else? Isn’t there like a secrecy act of some sort ? If some one can advise then I will post the transcript.

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Great stuff, one in the eye for fleecers.

 

Once case is decided its usually ok for transcript, as it may help others and can be persuasive as a reference in a defence bundle if someones case is for similar things.  It isn't Precedent would need a higher court to set that , but is useful if same PPC with same basic POC.


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more than welcome

post it up as a PDF only please

 

 

 


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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