I've been naive and foolish following getting a PCN.

johnbb99

The lease says you can park in the Visitor's spaces.

I'll look at the rest asap

(I had already written a long reply which got deleted coz i got logged out! GRRRRRRRRRRRR! )

TVM Ralph-y!

johnbb99

Through the Property Management Co I've been offered a deal - Pay £65 now and they'll stop the court case.
Unless anyone can tell me I'm bound to win the case, and without a mass of time and effort, I think I'll pay up.
It still annoys the hell out of me, as it is ludicrous I have to pay this for breaking the letter of the law, but not the spirit.
If only I could have spoken to the minion issuing the PCN.
John

Daps

This company really is a disgrace. They should have cancelled this charge the moment you proved that you do hold a valid permit, but of course they're just out there to make money, and because they are a member of an odious ATA (the IPC) that should never have been given accreditation from the DVLA there is no way of getting the thing cancelled through an independent appeal like there would be if they were members of the BPA.

As far as I'm aware, there have been no court hearings involving Link Parking yet so hard to say how likely it is that you would win the case. Their entire basis of the invoice is utter nonsense - their signs list a bunch of circumstances that are permitted, and that if you park other than that you are agreeing to enter a contract to pay £100. Clearly makes no sense, is not a real contract, and is blatantly just a disguised penalty, which is not allowed. None of these court cases should win but unfortunately some judges have found in favour of these companies.

My personal opinion is that you should not pay this. You don't owe them anything, and it's an absolute disgrace that they haven't cancelled the charge after you've demonstrated that you have a valid permit. However, no one can guarantee that you would win the court case if it comes to it. Worst case scenario is that the judge finds for the PPC and you have to pay £150-£200 or so. If you pay this within the time given you won't get a CCJ or anything like that.

I think you should fight this. I'd understand if you didn't though, and unfortunately this is how companies like this make their money - scaring people into paying invoices that they know should not have been given.

By the way, shame on the management company also. It might be worth trying to get as many of the residents as you can to complain to them about the PPC. If there was enough pressure maybe they'd cancel their contract with this PPC and allow you all to enjoy your homes in peace without the threat of harassment from these bullies.

Cygnus_Alpha

johnbb99 wrote: »

Through the Property Management Co I've been offered a deal - Pay £65 now and they'll stop the court case.
Unless anyone can tell me I'm bound to win the case, and without a mass of time and effort, I think I'll pay up.
It still annoys the hell out of me, as it is ludicrous I have to pay this for breaking the letter of the law, but not the spirit.
If only I could have spoken to the minion issuing the PCN.
John

It's totally up to you whether you pay up or not. It's a bit like paying hostage takers though, it will just encourage them to take more hostages.

On the balance of probabilities you would win a court case in my view but its not guaranteed. You could balls it up with your arguments on the day, the judge might hate drivers, anything could happen.

You are right in your previous post that the property management company do not have day to day authority to cancel the contract but if they are not exercising influence to get this cancelled, them quite frankly they are not doing their job and something you and the other residents should hold them to account for.

The_Deep

I would guess that this would never get to court. You live there you park there, probably in accordance with the T&C of your lease/AST, Why should you pay them a penny?

Neither the PPC nor the MA have sustained a loss, because of your dastardly deed, they are there to manage parking for the residents, not harass them.

Cygnus_Alpha

The_Deep wrote: »

I would guess that this would never get to court. You live there you park there, probably in accordance with the T&C of your lease/AST, Why should you pay them a penny?

Neither the PPC nor the MA have sustained a loss, because of your dastardly deed, they are there to manage parking for the residents, not harass them.

An earlier post suggests that the PPC have issued proceedings.

Umkomaas

Well here's the latest 18-months list of PPCs that have done court. Can you find yours?

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/322893/british-parking-association.doc

Now, no one here can guarantee what their next move might be, but as they've never previously 'done it', they'll be no more savvy how to handle this than you. Do you really think you'd be their very first attempt at 'doing court', especially as you live on the premises, have a permit (all can be produced as evidence) and they can show no losses.

I'd be very much inclined to go on the offensive - see you in court pal, let the Judge sort this out, don't mess with me. Don't forget, this is the Small Claims Court - not a criminal one, you won't end up doing jail! It's them saying you owe them money, it's you saying no I don't. Not a big deal in the grand scheme of things.

As with most bullies, they will likely back off as soon as you fight back. Show them YOU mean business.

johnbb99

Thank you all for your advice and support.
Please bear in mind that I DID contravene the rules under which you may park, by not noticing when the wind blew my permit onto the floor and into invisibility. The charge is legitimate.
My frustration and anger arises from Link Parking's lack of leniency or understanding, coupled with the fact that they monitor this parking solely in order to keep spaces free for us who live there!
Hey-ho, pay up time.
Needless to say, I have a permit PERMANENTLY attached to my windscreen now!
Best wishes.

Ralph-y

Please find the enclosed invoice ..... no sorry ..... fine for taking up the forums time and effort to help you .

The contract you agreed to when you first posted stated that you would pay a fine of £100 for backing down, however due to mitigating circumstances I will allow a one off payment of £60.

I can if you wish re post this in large red letters/fonts to make it more threatening!

Please note that I know the computer you type on .... and so can confirm that you did agree to my demands.

I have taken lots and lots of people to court for not doing as they are told and can quote lots of court cases if you wish .... Please note that that is it will frighten you more if I do so.

Ralph:cool:

PS they will fine you again sooner or later

Umkomaas

Frack me. Was it worth the effort of providing good, sound advice which would have saved the OP money. Why come to a Money Saving advice line if they don't want to save money???

So a mug stumps up, funding and encouraging the leech to further suck and gorge on blood from others.

What a waste of time and effort! Over two years of doing this, day in, day out, I've not seen anyone roll over so quickly without some attempt at a fight.

Please OP, will you send me some money too? At least I have given of my time, exclusively to you and your problem, and politely, so I must be due something. I'm a lot cheaper than a low-life PPC, so 50 notes will be fine. It will buy a few beers at the weekend.

Oh my!