Link Parking charge whilst in private residential space

melaniekate

Hi all,

This is such a great resource - thank you to everyone for sharing their stories and advice! I've reviewed the Newbies thread, but finding it a bit overwhelming, so apologies in advance if I've missed something. I would appreciate any advice on my situation if possible...

I have recently rented a flat whose parking area is managed by Link Parking. Spaces are individually numbered and I was given a permit corresponding to my space when I rented the flat. Imagine my surprise when a parking charge notice was issued even though the permit was clearly displayed in the windscreen. Of course, being very sensible (read: naive) I thought the best course of action was to immediately appeal to the parking company using the instructions supplied, notifying them of their error and providing photos indicating the clear display of the permit. Of course this also means that contact details etc. have been given. If only I had seen this site sooner..

I was subsequently advised by Link Parking that my appeal was rejected as the reason for the charge was that the permit displayed had expired in January 2016 when they took over the management of the parking area. This was news to me as I only moved into the property in December 2016.

I have contacted my letting agency, who advised they are not responsible as, even though they admit they gave me the expired pass, they were unaware of these changes and therefore not in a position to give me the correct pass. They have suggested I write again to Link Parking to explain the situation but I am sure that as my appeal has already been rejected, explaining that I had been given an expired permit is unlikely to change their opinion. I do have the option of IAS but after reading the comments on this forum, I am not sure if that is worth it.

What I would be interested in your advice on - is there a clear element of responsibility here? I am unsure if it sits with the flat management company (who I presume should have communicated the change of parking management to the landlord/owner), the landlord (who should have been made aware of the changes and passed this information onto the letting agency) or the letting agency themselves. Can Link even enforce a parking fine for parking in a private space if I can evidence that I am renting the property associated with that space?

The most frustrating thing is knowing that I was correctly parked in the bay assigned to my flat, and the permit I had been provided with was visible. I simply don't understand how a company such as Link Parking are able to issue fines in these circumstances...! (Actually - how are companies like this able to operate? Reading the comments and posts on this thread, it seems ridiculous that action hasn't been taken to stop this kind of harassment or at least put into place appropriate and fair appeals procedures!)

Any thoughts gratefully received,

Many thanks

Melanie

Redx

we agree with you but its a murky legal minefield , especially where ownership and leases are concerned , plus MANAGING AGENTS who dont research these things properly

generally speaking , it is what is contained in the lease or letting agreement that counts, but only a judge can decide based on various legal factors, and these vary from site to site

the government has dragged its heels for 2 years now , ever since their public survey closed in may 2015

there are plenty of threads about these issues on here and parking pranksters blogs , so I suggest you read 10 or 20 of them to get the gist

then compare them to your own situation

but at the end of the day, only a judge can decide the legal aspects , and its not binding in lower courts , which is another reason why some fail and others succeed

ps:- this recent thread may help to explain some matters to you

https://forums.moneysavingexpert.com/discussion/5638621

Coupon-mad

What I would be interested in your advice on - is there a clear element of responsibility here?

Seems that way to me. If you are sued then sue the Letting agent in due course.

Can Link even enforce a parking fine for parking in a private space if I can evidence that I am renting the property associated with that space?

It's not a parking fine but they will try, look:

http://parking-prankster.blogspot.co.uk/2016/12/link-parking-and-overstone-court.html

and read this for an understanding of the case law and other county court decisions:

http://parking-prankster.blogspot.co.uk/2016/11/residential-parking.html

You have a fight coming up but we haven't seen one lost on here yet, where this forum have contributed in ensuring a defence is filed against this lot/or their solicitors.

Read other Gladstones threads in readiness. Read the NEWBIES thread post #2.

Loadsofchildren123

I'm not sure the letting agent is the correct target.
Who is legally contracted with you in respect of the flat and space? It's the landlord. The letting agent is exactly that - his agent.
I suspect that correspondence about the change in permits (if any) got delivered to the flat when the last tenant was there, or between tenants, so the l/l missed it. But this isn't your fault. You have been granted rights which have been interfered with. And you were given an incorrect permit.

As an occupant you are also owed a duty by the managing agent/committee. The MA/MC has authorised/commissioned this interference by the engagement of a parking company without ensuring that occupants have the correct permits. And without any authority (prior rights granted in respect of parking cannot be altered by 3rd parties).

In the BPA CoP PPCs are obliged to bring any new terms (e.g. New permits) to the attention of users. Is Link BPA? If not it might be in the IPC CoP. There were clearly no signs up in Dec warning occupiers about the new permits. And is there anything on the sign telling you how to get a permit?

Your old permit - does this name the POC or have an expiry date on it?

You also have a primacy of contract argument. Your rights to park have already been granted in your tenancy. They cannot be altered by a third party. What does the tenancy say? Does it mention permits?

I think you need to pressurise your l/l and the MA/MC to get the pcns cancelled. Write them both a formal LBC saying you will join them as parties to any proceedings and will make counterclaims against them.
With some pressure on the l/l and MA/MC Link may be persuaded to cancel the 'charges'.

Have you now got a new permit?

Get it in writing from the letting agent that they were not told about new permits.

Are you friends with the neighbours? Ask them how they got told about the new arrangement and how they got the new permit.