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JKS11
Evening everyone,

Just wanted a bit of advice with appealing a PCN through the IAS please!

11 days ago I received a PCN when parking in a private residential car park when staying with a friend. The friend in question leases out their allocated space, so they asked their neighbour who at the time wasn't using theirs, if I could use it for 2 nights. They agreed and gave us the permit to display on my dashboard, and all was great. Come Wednesday evening when returning to park in the space after being out all day, my friend and I realised it wasn't showing on the dashboard anymore, and found that it had actually slipped down the front of my dashboard, into a small crevice below the windshield, we tried desperately but couldn't retrieve it, and notified the neighbour who had lent it to us. Having nothing to display at the time, we thought it would be okay to leave it as it was for 1 night, considering the car park is sealed off by an electronic gate that you need a FOB to enter with, meaning it isn't even accessible by the public.

The neighbour the next day had a temporary permit issued and told us, but because we were actually leaving at the moment, we said it would be okay as we are going to retrieve the car now and leave. We head down to the car park to find the PCN on my windshield issued by Link Parking for not displaying a valid permit, stating to pay £60 within 14 days, or £100 after that point. I then followed the instructions on the receipt, to email the whole story, along with my details (the driver), and keeper of the parking space to the relevant email address, which I did because I didn't want to just ignore it and have further repercussions. Come today, I receive a response to say it has been rejected for agreeing to their charge by not displaying a permit and that I need to log a further appeal if I wish to through the IAS, despite me explaining that I had the tenant's permission to park there, and explaining it was temporarily lost, and again the tenant being made aware, and having another issued in the meantime.

I'm really not happy paying a fee when the tenant has said I can park there, yes I did not have a permit at the time because it had been lost, there was nothing for me to display at the time when the ticket was issued, and I really don't want to be a nuisance to the tenant in question with potential involvement I.e court summons etc.

Just looking for the general thoughts of everyone here please, any advice would be greatly appreciated!

Kind regards,

J
emergencychimp
You have admitted to being the driver?

IAS is a joke, they will deny your appeal. Don't even bother.

Post photos of the signs and post scans of the PCN and appeal rejection with personal info redacted.
JKS11
I have admitted to being the driver, yes.

Don't have photos of the parking signs (you can see them clearly), as I actually live around 50 miles away from the friend in question.

It won't allow me to attach any photos either through my phone for some reason, I press upload and the photo removes..
ostell
So have your freind look at their lease to say what it says about parking and the rights within the lease. The lease will probably have the right to park without any interference from third party and without having to display a permit or pay a charge is there is not a permit.. If the parking space was part of the property then an even stronger case for telling the parking company where to go
JKS11
Email correspondence below:
Dear Sir


Further to your email appealing your PCN.

The vehicle was parked in a manner which attracted a charge as it was  parked whilst not fully displaying a valid permit. It is the drivers responsibility to ensure they meet the parking requirements. Our signs clearly advertise the parking requirements and by not meeting them you accepted our charge.


Given the facts we are rejecting your appeal.


If you believe this decision is incorrect, you are entitled to appeal to the Independent Appeals Service (IAS). The IAS provides an Alternative Dispute Resolution scheme for disputes of this type. As you have complied with our internal appeals  procedure you may use, and we will engage with, the IAS  Standard Appeals Service providing you lodge an appeal to them within 21 days of this rejection.  For further information please visit www.theias.org.


If you appeal this charge then you will lose the ability to pay the reduced rate in the event the appeal is unsuccessful, the full amount will then be payable. If you appeal and subsequently pay the charge prior to that appeal being determined then the appeal will be cancelled and you will not be given a further opportunity to contest the charge


Yours sincerely




Appeals  Team

Link Parking Ltd







----- Original Message -----

To:

"appeals@linkparking.co.uk" <appeals@linkparking.co.uk>

Cc:


Sent:

Thu, 7 Dec 2017 23:04:56 +0000

Subject:

Fwd: Reference : 910227587 - Appeal of parking ticket issued


Further to the below, I didn't add my contact number in my details, it is


Kind regards,


J




Sent from my Samsung Galaxy smartphone.



-------- Original message --------

Date: 07/12/2017 17:07 (GMT+00:00)

To: appeals@linkparking.co.uk

Subject: Reference : 910227587 - Appeal of parking ticket issued


To whom it may concern,


I have received a parking ticket today, when I was parked in a private bay (bay 383), at a block of flats with the address of  Xxxxxxx. I had been given permission by the tenant (Xxxxxxxx) of Flat 72, and a permit to park there, however the permit was lost yesterday when it slipped down the front of my dashboard into the crevice at the end, underneath the front screen. The tenant was made aware, and was looking into having another issued, with a temporary one in the meantime, during that time, a parking ticket was issued to me despite me having the permission of the tenant to park there, the parking spaces are also not accessible to open public I will also add, as there is an electronic security gate that you need to buzz into with a FOB, provided to tenants.


I am appealing this parking ticket, because I have had the authorisation of the tenant, whom the parking space is allocated to, to park there. I am aware I did not have the parking permit on display, but this was lost at the time and a temporary one was being issued, so I did not have anything to show on my dashboard when the inspector at the time, checked my vehicle.


My full details are listed as below:


Reference for ticket : 910227587

Name : 

Date/Time of issue : 07/12/2017 15:04

Issued By : OP000013

Location Code : 000142

Location : Marconi Estate


I believe this, to be all a big misunderstanding, which I hope can be easily resolved.


Kind regards,


J


Sent from my Samsung Galaxy smartphone.


Jlc
Link are very litigious so expect a court claim.

Normally you could argue frustration of contract - that is you complied with the signs but an external factor (permit slipping) prevented the contract from being complied with. However, you have admitted to them that you were fully aware and chose to park in contrary to the signs.

However, all hinges on whether the tenant had sufficient authority to grant your permission of ‘their’ space in primacy over the signs. Unfortunately, you will need to get sight of their terms to check.

There may be other arguments such as forbidding signs but the lease means all. We have seen court cases defended on this basis.

Their idea of resolving the matter is for you to pay. Not quite what you hoped for but we are not in the least surprised as this is how they make income. There’s potentially advantages in being gated and not open to the ‘public’.

Pictures of the signs could also be crucial.
JKS11
Thanks everyone for the responses. I will have my friend check their contract, and go from there I suppose! Merry Xmas to everyone.
Jlc
Except private parking companies laugh.gif
Churchmouse
QUOTE (Jlc @ Mon, 18 Dec 2017 - 18:23) *
Link are very litigious so expect a court claim.

Normally you could argue frustration of contract - that is you complied with the signs but an external factor (permit slipping) prevented the contract from being complied with. However, you have admitted to them that you were fully aware and chose to park in contrary to the signs.

I agree with you that there are likely several grounds of defence, but I would point out that the OP hasn't admitted that he was aware of the alleged contract or the signs at all. All he has implied is that he was aware that a permit was required to park in that space, so he sought to do so. The reason for the permit requirement could have been the terms of the neighbour tenant's lease, etc., but that was not necessarily of interest to the OP at the time. This still means that he was, at worst, parked in violation of the forbidding nature of the applicable rule (whether expressed on signs or in a lease), which is technically a trespass in either case.

We'll need to see the documentation and the signage to help the OP properly.

--Churchmouse
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