Claim form from Gladstones Solicitors representing Link Parking

[fightingpcn]

Hi,

I have received claim letter of £573 dated 27th March from County Court Business Centre due to 3 PCNs issued to me by Link parking ltd in Bristol for parking in a private area which I was authorized to use by the flat owner. I had parking permit on the dashboard. I had another work carpark permit attached on the glass - which the operator has taken pic of and claimed to be the invalid permit. Link Parking is represented by Gladstones solicitors (GS).

I have yet to reply to the claim letter as the car is in brother's name. I only have few more days to take action and no clue what I am doing after that. Any advice and help would be greatly appreciated..

I used my personal details in appealing and getting in touch with Link parking through out the process. My brother also emailed GS within the 14 days of receiving letter before claim stating I am the defendant not him and that I was the person in touch with their client in the past. To support the fact, I faxed and emailed response to letter-before-claim to GS within 14 days of letter-before-claim admitting myself as defendant. However, I received no response whereas, my brother did after few days - email which said they have concluded him as the defendant because he has failed to identify me in previous occasions.

[R0b]

Re: Claim form from Gladstones Solicitors representing Link Parking

Hello, I've tagged [MENTION=5354]mystery1[/MENTION] to assist but are you able to provide any photographs of the permits and any signage around in the area?

The first thing you should do is acknowledge the claim online with an intention to defend and assuming it was issued through Money Claims Online, you will have 33 days from the date of issue to file a defence.

The information you have posted seems to be a bit all over the place, if you could provide a timeline of events that would be helpful, though giving yourself away as the driver may not have done you any favours.

Has your brother also received a claim in addition to you - that bit is also confusing.

[fightingpcn]

Re: Claim form from Gladstones Solicitors representing Link Parking

Hi,

Thank you so much [MENTION=71570]R0b[/MENTION] and [MENTION=5354]mystery1[/MENTION]. Sorry about the confusion, tried to make it clearer below.

1. Its only my brother who has received claim. I was trying to clarify with Gladstones that I was the driver and defendant, not him.I didn't want my brother to have to deal with it when he wasn't driving the car.
I guess now, my brother has to be the one to acknowledge claim and but not sure if he should mention that I was the driver or not ? which one is better or am I making it worse?

2. Time line of events and correspondence to Link parking and Gladstones solicitors (GS) :

-PCNs given on 14/11/2016, 16/11/2016 and 17/11/2016 for "Not clearly displaying a valid permit"
- 1st appeal signed with my name, to link parking on 25/11/2016 - rejected
- 2nd appeal to IAS on 21/12/2016 - rejected , charges increased from £300 to £480
- 30/01/2017 sent a letter before claim to Link parking (signed with my name) - got a respond saying it was a template they had seen online and will move forward with charges.
- 1st March 2017 received letter before claim from Gladstones solicitors, attached in the previous post
- 11th March , my brother sent email stating I am the defendant and should contact me regarding claims
- 14th March , Gladstones replied saying my brother failed to nominate driver and pay in next 7 days or will be followed by legal actions.
- 14th March 2017 sent reply to letter before claim through email and fax - stating I am the defendant and denying the charges --> no response received
- 27th March - Claim form receive ( in my brother's name)

3. I would like to reply to claim form and prepare a defence. Any advice would be appreciated.

4. Most of the attached pictures apart from the permit picture of the flat I was staying at, was taken by Link parking operator and received it through IAS during 2nd appeal only.

[mystery1]

Re: Claim form from Gladstones Solicitors representing Link Parking

Did your brother send your name AND address ?

What does his lease say regarding parking ?

M1

[fightingpcn]

Re: Claim form from Gladstones Solicitors representing Link Parking

[MENTION=5354]mystery1[/MENTION] He gave my name but not address. We both have same permanent address.

I rented the parking space from a flat owner where, I was living then in Bristol. She wasn't using her car park space and was given her car park permit to use. She is very supportive and more than happy to help with anything. I will get lease information.

Thanks.

[mystery1]

Re: Claim form from Gladstones Solicitors representing Link Parking

That's a pity as if the address had been given that would've been a significant problem for them.

The lease will be key.

M1

[fightingpcn]

Re: Claim form from Gladstones Solicitors representing Link Parking

:O :'(
[MENTION=5354]mystery1[/MENTION] in the mean time should I proceed with acknowledging claim form online, just as it is under my brother's name?

Thanks

[mystery1]

Re: Claim form from Gladstones Solicitors representing Link Parking

If he wants you to, yes.

M1

[fightingpcn]

Re: Claim form from Gladstones Solicitors representing Link Parking

[MENTION=5354]mystery1[/MENTION] sorry for late reply when I'm the one asking for help. I was in the midst of moving house and just took bit time to collect info.

I have acknowledged the claim form. Claim form was given to me on 27th March - I understand it as now having until 21st April to make a defence online. Correct me if I am wrong please.

The second page of the lease says: ( I have attached pictures of some of the pages of the lease)

"The lessor .....or intends hereafter to grant leases of the properties part of the Development as herinafter defined each as separate and distinct properties and the Lessor has in every such lease imposed and intends in future lease to impose the obligations set out in the 8th schedule to the intent that the lesse for the time being of any of the properties may enforce the observance by the lessee of any other of the properties of the covenants in the form set out in part two of the 8th schedule"

I think its referring to hiring organisations like link parking in the above para when it says it intends to lease to impose obligations. I am not sure if thats a good news. Is there any information in that para that could help?

Please let me know if you need any other info.

[mystery1]

Re: Claim form from Gladstones Solicitors representing Link Parking

I make it 29th (or 1st May as 29th is on weekend).

I'll get back to you. The lease looks good from what you have posted.

M1

[fightingpcn]

Re: Claim form from Gladstones Solicitors representing Link Parking

@mystery1 anything on the lease I can use for defence?

I have no idea on how to write defense, planning on checking old posts to see if I can find any to use it as format. I have deadline on 29th Apr/1st May, so will post a draft one here before filling it in moneyclaim.

[mystery1]

Re: Claim form from Gladstones Solicitors representing Link Parking

It's on my list of things to do.

M1

[fightingpcn]

Re: Claim form from Gladstones Solicitors representing Link Parking

[MENTION=5354]mystery1[/MENTION] uploading more pics of the lease I received recently.

Thanks again for all the help and time.

[fightingpcn]

Re: Claim form from Gladstones Solicitors representing Link Parking

[MENTION=5354]mystery1[/MENTION] more pics of lease.

[ostell]

Re: Claim form from Gladstones Solicitors representing Link Parking

Looks like Part 2, page 27, section 1 - 5 are the relevant bits. It would appear that the parking space is part of the demised premises and the parking company are therefore trespassing. The parking company is itself in breach by operating a business from the space.