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

[Bris2wales]

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.

[Bris2wales]

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. 

 

[Bris2wales]

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

[Bris2wales]

[Bris2wales]

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

[Bris2wales]

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 September 6, 2019 by Bris2wales

[Bris2wales]

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

[Bris2wales]

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”

[Bris2wales]

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.

[Bris2wales]

the judge first ruled that my name was spelt incorrectly and my middle name and surname was the wrong way round even through I made them aware, they still issued claim against the wrong name. 
 

I confirmed to the judge I was happy to proceed.

 

The judge ruled in my favour that the sign they relied on said “drivers must display a valid permit” 

and nowhere on there did it say you must purchase a pay and display ticket.

 

the judge agreed that this sign clearly is for private parking, in a residential area or a similar situation where the driver would display a parking permit.

 

so feel free Bruno to to put in your claim, or even write to link parking or Gladstones 

 

“in the case of “Link parking vs Michal” 9/010/2019 judge Hywel James, Cardiff ruled that the signs were inadequate and confusing. There were no link parking signs on the entrance of  the car park The only signs from link parking we’re inside only visible after a driver had got out of the vehicle. There are no link parking signs to suggest you must purchase a “pay and display” ticket. Therefor on that basis, no contract was formed with link parking.”

 

This photo is what they rely on in court!!

 

no where does it say you have to purchase a valid pay and display ticket. 

Photo.pdf

[Bris2wales]

Can we change the thread name to Link Parking vs Michal

 

and i will upload the full transcript. I want this to be “landmark” case because ALL link parking signs are the same. They all same PERMIT instead “of “valid pay and display ticket”