Thursday, 6 July 2017

Gladstones discontinue Link Parking claim with signage showing Link are not a party to the claim at Tremains Road

ink Parking issued a charge to a motorist who had purchased a valid ticket in Tremains Road car park, Bridgend, but somehow the ticket was upside-down in the vehicle. The motorist appealed to Link which was dismissed. They then appealed to the "Independent" Appeals Service (IAS) and this was also dismissed.

Link then filed a court claim.

The motorist disputed the claim and fled a comprehensive defence.

After receiving the motorists witness statement, Gladstones discontinued.

Link Parking, you've been Gladstoned.

Prankster Notes

Here are the terms of parking.

Any contract to park appears to be with Simply Park.

Here is the purchased ticket.
This appears to confirm any contract to park is with Simply Park.

The Prankster is therefore unsure why Link think they are involved at all in this matter. The law is clear that debts cannot be enforced by a third party.

Valid options would be that Simply Park enforce any debt themselves; Link enforce it on behalf of Simply Park (but Simply would have to take any claim out in their own name); or Simply legally assign the debt to Link. As none of these occurred, Link are a stranger to any claim, and have no right to get involved.

This appears to reinforce The Prankster's belief that the IAS are a kangaroo court and is staffed by incompetent Baristas who are either biased or incompetent. The Prankster believes any competent legal professional would have picked up on this straight away.

The IAS is overseen by Bryn Holloway. No doubt Bryn is ashamed of how his reputation is being dragged down by the shoddy operation he presides over, and by the behaviour of his incompetent staff.

The Prankster calls on Bryn to shut up shop until he can find some assessors who actually understand parking law and can apply it correctly.

Data Protection

The Prankster considered that any motorist pursued by Link regarding this car park may have a valid data protection claim. Link clearly have no interest in any claim, so have no right to apply to the DVLA for keeper details to issue a charge in their own name. The amount claimed would depend on the distress and harassment caused by the charge.

This DPA claim would apply regardless of whether the motorist has paid, and regardless of whether Link has won any court claim.

Motorists have six years to bring any claim from the time of the last infringement.

Happy Parking

The Parking Prankster

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