Parking in my own parking bay!! - appeal DENIED

ssm90

Hello,

Firstly, I am a few steps into this whole process so unfortunately I have missed out on the advice which states what I should have done initially. I am hoping I can still salvage my situation from this point.

Facts-
- I own the flat and the parking bay that comes with it.
- The management company have hired a separate company (LinkParking) to manage the parking.
- I have a permit for my car but my car was elsewhere which is why I couldn't give the permit to anyone else.
- My girlfriend parked her car in my bay without a valid permit, instead we had a photocopy of the original permit- I realise this is where I went wrong but the original permit itself was printed on a piece of A4 paper AND when I bought the flat I was never told about requiring a permit and had issues with these guys before.

Unfortunately we appealed to LinkParking with a substandard appeal (I realise this was substandard after reading through everything else on these forums). They of course denied it.

We then appealed to IAS directly based on guidance from other websites, copy of the appeal is below-

I was issued with a parking ticket on 20/12/2019 but I believe it was unfairly issued. I have responded to this notice and 'LinkParking' have denied my appeal and have requested I contact the IAS.

I am writing to you as per Section 7.4.2 from the IPC Code of Practice and would therefore like appeal this notice on the following points

The car was parked in my own car parking bay which I OWN. I was still unfairly issued with parking tickets.
The lease agreement does not state that I require a permit to park in the bay as I own the property and the parking bay that comes with it as per the HM Land and Registry register. This lease has primacy of contract over any agreement the management company may have with LinkParking and therefore legally is invalid.
The large sum demanded amounts to a penalty and/or is not an accurate reflection of any loss suffered so it is not a reasonable charge. The monetary claim is disproportionate, punitive and unjustifiable in total. It may also be an unfair term and therefore in breach of Schedule 2 of the Consumer Contracts Regulations 1999.
The contractual breach can have caused no financial loss whatever to LinkParking or to the land owner. Once again, the car was parked in my OWN bay and therefore did not cause damage to any third parties.
The Parking Charge Notice constitutes an invoice for payment. Accordingly the invoiced charge must include an element of VAT. However, the parking charge notice does not state either a VAT registration number or an invoice reference number and so cannot constitute a lawfully valid demand for payment.
Having examined the parking charge notice further I believe it is a non compliant demand for payment as the notice wrongly requires payment to be made “within” 28 days of issue which is contrary to statutory requirement that provides a period of 28 days from the date of receipt.

As a sign of good faith, I had purchased a permit anyway to avoid any unnecessary hassle for both parties but have been issued a notice anyway which is unacceptable. I understand that LinkParking are appointed to monitor the car park to prevent trespassers and I agree with this but it seems it is the residents that are being 'ticketed' without good reason for parking in their own bay.

I look forward to hearing from you.

We have now received the following response today-


The operator made their prima facie case on 27/01/2020 14:10:48.

The operator reported that...

The appellant was the driver
The appellant was the keeper
The operator is seeking keeper liability in accordance with PoFA..
A manual ticket was placed on the vehicle
The ticket was issued on 29/12/2019
The charge is based in contract

The Operator made the following comments...

The appellant parked their vehicle on land we manage and incurred a charge as they were not displaying a valid permit. Our signs clearly advertise the terms of parking and the charges which apply if they are met. The appellant chose to display a very poor copy of one of our permits, it is a fraction of the size of a valid one. We are unsure why they chose to do this and to date we have not received an explanation. We do not have to prove any loss and invoice does not have to have a VAT number on it if the issuer is not VAT registered. Our PCNs have passed audits by the IPC and DVLA.

In addition to this I have also looked through all my documentation with regards to any requirements to require displaying a permit in the contract and I can't find anything. I've owned the flat for almost 2 years now and I do not believe I was given any documentation which mentions this.

I have also looked at the HM Land Registry document which doesn't state I need a permit and I believe this ties in with the Primacy of Contract (my law understanding isn't the best).

I have also contacted the management company last week to request all information from them with regards to giving me copies of documentation which covers car parking, building services etc. so I have everything.

What really annoys me is that I didn't cause anyone any damage AND I WAS PARKED IN MY OWN BAY!!!

I really hope I haven't messed it up too much and this can be salved. Any help for a response is greatly appreciated!

Thanks!

Fruitcake

Please clarify. You say in one place that you own the parking space, but elsewhere you refer to a lease.
Do you mean some sort of condition of ownership because if you lease a space you don't own it.

I don't understand why you would issue yourself or your girlfriend with a permit to use a space that you own, or why you would display a permit provided by a scammer to use a space you own.

Does your name appear on the Land Registry entry? If so then the scammers are operation a for profit business on your land without your permission.

You can issue a court claim to the scammers for treaspass and for breaching the DPA/GDPR. You can also order them to stay off your land, (cease and desist order) and remove any implied tight of access to your property.

The scammers have obtained your personal details without good reason so as well as the above you should also complaint to the DVLA that a DPS/GDPR and KADOE contract breach has occurred.

Finally, complaint to your MP about this unreguylated scam.

Redx

It wouldn't have mattered what appeal was submitted , Link parking will always reject appeals , regardless of content

If you thought they would allow your appeal , or that the IAS would allow your appeal , you are deluding yourself

Their business model relies on harassing the residents

Ideally you get the MA to get it cancelled

Otherwise only a judge can settle it

So if you are looking for a quick fix , stop looking , there isn't one

I do not believe your assertion that you own the space , if you owned the space it would be on the deeds

Coupon-mad

How is this any different than the one answered just an hour ago?

https://forums.moneysavingexpert.com/discussion/6096010/ias-dismissed-my-appeal-from-uk-cpm

We don't need to hear about failed IAS 'appeals' (LOL - there was no appeal!) or be asked about an existent 'next step'. See you when you get the Court claim which is when you win later this year at your local court.

Unless you can get your MA to remove Link and cancel the PCN; either or both is good.

No-one here on this forum, pays. No-one funds them but no-one gets a CCJ.
You really need to read more threads and should have come here first and not wasted your time.

Umkomaas

Have you complained to the management company and asked them to get it cancelled?

Were Link installed there before you purchased?

I think if the manco complaint doesn't work, I'd write to Link telling them that you have absolutely no intention of paying and invite them to issue court proceedings so that you can get this resolved by a Judge. Take the fight to them, otherwise you'll be waiting (for up to 6 years) not knowing on any day what their next move will be and what the postie will deliver through your letterbox. Take the initiative, wrest control. You manipulate them, not the other way round.

ssm90

Thankyou for all your replies.

Fruitcake wrote: »

Please clarify. You say in one place that you own the parking space, but elsewhere you refer to a lease.
Do you mean some sort of condition of ownership because if you lease a space you don't own it.

I don't understand why you would issue yourself or your girlfriend with a permit to use a space that you own, or why you would display a permit provided by a scammer to use a space you own.

Does your name appear on the Land Registry entry? If so then the scammers are operation a for profit business on your land without your permission.

You can issue a court claim to the scammers for treaspass and for breaching the DPA/GDPR. You can also order them to stay off your land, (cease and desist order) and remove any implied tight of access to your property.

The scammers have obtained your personal details without good reason so as well as the above you should also complaint to the DVLA that a DPS/GDPR and KADOE contract breach has occurred.

Finally, complaint to your MP about this unreguylated scam.

Sorry, probably a poor choice of words. I own the flat (within a block of flats) and each car parking bay is numbered so I only park in the one that belongs to my flat.

The HM Land Registry entry doesn't have my name on it but it does have George Wimpey's name on it, I believe they were the company that constructed the block of flats. I may be getting confused here, the document is a HM Land Registry Official Copy with a CYM****** reference. I was under the impression that this essentially states I own the property but it looks like I may be wrong.

The only other documents I have are the signed contract which has my name with a different CYM****** reference on it, but this doesn't mention anything about car parking. Neither do any other forms I have such as what services the management company do etc.

Unfortunately, we made the stupid mistake of appealing in the first place so they did not have to contact the DVLA, we handed them all the information they needed.

Redx wrote: »

It wouldn't have mattered what appeal was submitted , Link parking will always reject appeals , regardless of content

If you thought they would allow your appeal , or that the IAS would allow your appeal , you are deluding yourself

Their business model relies on harassing the residents

Ideally you get the MA to get it cancelled

Otherwise only a judge can settle it

So if you are looking for a quick fix , stop looking , there isn't one

I do not believe your assertion that you own the space , if you owned the space it would be on the deeds

Not looking for a quick fix, I understand there isn't one.
I think I am understanding now that George Wimpey owns the land and therefore the parking bay even though I own the flat? So technically, the bay isn't mine?

The register nor any contracts and documents I have mention anything about parking either.

Umkomaas wrote: »

Have you complained to the management company and asked them to get it cancelled?

Were Link installed there before you purchased?

I think if the manco complaint doesn't work, I'd write to Link telling them that you have absolutely no intention of paying and invite them to issue court proceedings so that you can get this resolved by a Judge. Take the fight to them, otherwise you'll be waiting (for up to 6 years) not knowing on any day what their next move will be and what the postie will deliver through your letterbox. Take the initiative, wrest control. You manipulate them, not the other way round.

Link were installed before the purchase but I wasn't aware of this nor was I made aware I needed a permit. I only found out because I got fine on the first day I moved in!

I am really nervous about the court, I have never done anything like this in my life so I wouldn't know where to begin. I know there are guides and hep on here but it is still quite intimidating to go through with it.


So from what I can gather, is the option now to contact the management company and get it to cancel? (Even though I e-mailed them a week ago asking for the terms with regards to parking etc. and they haven't yet got back). Or the other option is to take it to court?

Thanks

Fruitcake

Buying a permit was a silly idea because the scammers can now say you agree to the parking scheme and agree to the scammers Ts and Cs.

Keep hammering the MA and try to get this cancelled, plus get your vehicles put on an exempt list.

Find out if other residents are having problems and form a fightback group to get the scammers thrown out.

Find out if a ballot of residents took place, with 75% balloted and a majority in favour of being scammed of at least 10% as per the Landlords and Tenants Act.
Use that in your fight it didn't happen.
Complain to the estate agents who sold the place to you if they didn't warn you about these hidden charges.

Move home and tell the MA and estate agents why.

Nobody should ever buy or rent a property where unregulated scammers are allowed to scam genuine residents.

Do make the complaint to your MP about this unregulated scam.

The_Deep

Have you read this?

[FONT=Times New Roman, serif][FONT=Times New Roman, serif]http://parking-prankster.blogspot.com/2016/11/residential-parking.html[/FONT][/FONT]

[FONT=Times New Roman, serif]what does your lease/AST say about parking? Does it mention the need to display a permit? If not then it may take primacy over the self serving TnC of the scammer, and interfere with your lawful right to “quiet enjoyment” of your property, possible an offence under The Landlord and Tenants Acts.[/FONT]

[FONT=Times New Roman, serif]Nine times out of ten these tickets are scams, so consider complaining to your MP., it can cause the scammer extra costs and work, and in some cases, cancellation.

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.[/FONT]

ssm90

Yes, in hindsight I realise that. I didn't really know much about private parking companies when I purchased the permit and assumed it was standard practice.

So my best course of action now is to keep at it with the MA- they haven't yet responded to my subtle e-mail about parking from last week so I'm not sure how long they will take. Is there a legal requirement for them to get back to by a certain point? I have 4 days to respond to the IAS.

Failing the above, the only thing left to do is fight this in court?

I'll definitely chase up on the Landlord and Tenants Act too!

The_Deep

Please answer the questions in post 8. Without answers we are in the dark.

ssm90

The_Deep wrote: »

Have you read this?

[FONT=Times New Roman, serif][FONT=Times New Roman, serif]http://parking-prankster.blogspot.com/2016/11/residential-parking.html[/FONT][/FONT]

[FONT=Times New Roman, serif]what does your lease/AST say about parking? Does it mention the need to display a permit? If not then it may take primacy over the self serving TnC of the scammer, and interfere with your lawful right to “quiet enjoyment” of your property, possible an offence under The Landlord and Tenants Acts.[/FONT]

[FONT=Times New Roman, serif]Nine times out of ten these tickets are scams, so consider complaining to your MP., it can cause the scammer extra costs and work, and in some cases, cancellation.

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.[/FONT]

I have come across that site and the material on it earlier today actually, it was helpful to get a better understanding. I can also e-mail the MP again with the new legislations you have linked me too.

With regards to the lease, the only thing I have (other than the usual fixtures and fittings documents etc.) are the actual contract that was signed and the HM Land Registry document. Neither document has any mention of car parking and the latter document has George Wimpey as the land owner rather than me.

So I am not sure that the fact that the parking isn't mentioned is a good or bad thing for me.