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Link Parking residents bays
LMKipper
post Wed, 20 Jun 2018 - 10:27
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Hi Folks

Any help would be greatly appreciated.

I rent a flat that comes with a parking bay in a private residents car park. The flat came with a 'parking permit' issued by Link Parking.
I have motorcycles provided by work that I park in my parking bay and have done since I first moved in (Feb 2017). I've never actually 'displayed' the permit however I recently received a PCN from Link.

The permit supplied by Link is just printed on a piece of A4 paper, so I've never displayed it because it would simply blow away, get ruined by the weather or quite easily be stolen if displayed on my bike.

I received the PCN on 25/05/18 (as attached) and I appealed it on 07/06/18 on the grounds that the permit provided by Link is unsuitable for display on a motorcycle. I gave them my details because I didn't want them hassling work, who are the registered keepers.

In the meantime, I spoke with the company who manage the land and they have informed me that Link operate an 'online registration scheme' but there is no mention of this on any of the signage in the parking area. They also said that due to complaints, they have terminated the contract with Link as of 15/06.

Link rejected the appeal on 14/06/18, albeit on the grounds that I hadn't 'fully displayed a valid pay and display ticket'. They've now given me the option of appealing to the IAS.

Any suggestions for a next step?

Thanks!

This post has been edited by LMKipper: Wed, 20 Jun 2018 - 16:13
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post Wed, 20 Jun 2018 - 10:27
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Jlc
post Wed, 20 Jun 2018 - 10:30
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Don't bother with the IAS.

What does your lease say? Link are litigious so a court claim is possible - even more so if their contract has been cancelled.


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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Eljayjay
post Wed, 20 Jun 2018 - 10:48
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As you say "I rent a flat", I presume that your landlord is the flat's leasehold owner.

If so, you need to get hold of a copy of your landlord's lease. If your landlord does not have a copy, he/she will almost certainly be able to get hold of a copy, quite possibly free of charge, from the solicitor who handled the purchase. Otherwise, you will be able to get hold of a copy from the Land Registry by completing form OC2 and paying a fee.

You need a copy of the head lease mentioned above to see what parking rights your landlord has.

You also need a copy of your tenancy agreement to see what parking rights he has passes to you.

It is very unlikely that the parking scheme at the location is capable of being imposed on the residents.

I will add to this very shortly to tell you what you need to find in the two documents.
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LMKipper
post Wed, 20 Jun 2018 - 10:49
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Annoyingly, our original tenancy agreement makes no reference to parking however our renewal states the following:

Vehicles
5.45 You, your family, friends or anyone living with you or visitors to the
property must not do any of the following:

and one of the bullet points is

 Park without a valid permit, either for residents or their visitors, where
there is a parking scheme in operation;
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Jlc
post Wed, 20 Jun 2018 - 10:51
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QUOTE (LMKipper @ Wed, 20 Jun 2018 - 11:49) *
Annoyingly, our original tenancy agreement makes no reference to parking however our renewal states

What's the timing of the renewal?


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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LMKipper
post Wed, 20 Jun 2018 - 10:53
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QUOTE (Jlc @ Wed, 20 Jun 2018 - 11:51) *
QUOTE (LMKipper @ Wed, 20 Jun 2018 - 11:49) *
Annoyingly, our original tenancy agreement makes no reference to parking however our renewal states

What's the timing of the renewal?


Feb 18, prior to the issuing of the ticket
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Eljayjay
post Wed, 20 Jun 2018 - 11:05
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That is a bit of a blow, but all is not yet lost.

If you can get the head lease and any other documents governing your tenancy scanned as searchable pdf documents - you need something better than the free version of Adobe for this. Then take each document in turn and conduct a search for "park". Copy and paste every bit of the documents mentioning "park" into a new document.

Then go through them again to look for anything that makes provision for changes to the lease to be made or for rules and regulations to be added by the landlord and/or the management company. Copy and paste those bits to the new document.

Do the same again but, this time, looking for anything about "rights of third parties". Copy and paste again.

Search for "rent", "charge" and "permit". Copy and paste anything of relevance.

Do not just select extracts which suit your case, copy and paste everything of relevance. The reason for this is that, if the parking operator gets copies of the documents, you need to figure out how to defend yourself from extracts that they throw at you.

On each search, go through the document from beginning to end.

Post what you find.

There is almost certainly nothing in the head lease which enables anyone to collect parking charges from your landlord. In addition, there is almost certainly nothing in the tenancy agreement which empowers your landlord to collect parking charges from you.

The extract which you quoted indicates that you may be in breach of your tenancy agreement by failing to display a permit, but your landlord's remedy for such a breach is damages - and what might they be? - and/or an injunction ordering you to display a permit in future.

This post has been edited by Eljayjay: Wed, 20 Jun 2018 - 11:08
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LMKipper
post Wed, 20 Jun 2018 - 11:10
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What do you mean by head lease?
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Eljayjay
post Wed, 20 Jun 2018 - 11:13
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Presumably, the flat is a leasehold property.

The head lease is the lease between the freeholder and the leasehold owner.

The leasehold owner is probably your landlord.
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