PCN for parking in own (leased residential) space

perizadah

Looking for some advice from knowledgeable people on how to phrase the appeal and whether it is likely to be accepted or if I can expect to go to court (it's with Link who apparently don't respond well to appeals). Based on looking at other threads, I think the main point to emphasise is the primacy of the lease, and therefore that I do not have a contract with the parking company. The relevant sections are:
"Property: shown edged red on the plan attached to this lease (referred to as "your apartment" in the Leasebook) and where included with the apartment the car parking space also shown edged red on the plan"
"If the management company has an obligation, that obligation includes making sure that its staff, workmen and agents and anyone authorised by it comply as well. If they do not comply, the management company is responsible"
"We give the management company such rights over the building and the estate as it reasonably needs in order to fulfill its obligations in the lease and the leases of other apartments"
"If you pay the rent and comply with your other obligations under the lease you may enjoy your apartment without any disturbance from us or from anyone claiming under or in trust for us" [note "us" = the landlord rather than the management company]
"You must not allow any car parking space that may be included with your apartment to be used by anyone who is not living in or visiting your apartment. You must keep the parking space clean. The following are prohibited in the car park: refuelling (except in an emergency); vehicle repairs (except in an emergency); vehicle maintenance; and engines must not be kept running longer than reasonably necessary."
"You are responsible for and must indemnify us and the management company against all claims and demands made, all proceedings brought, and all loss and liability arising, directly or indirectly, from: (a) the use and occupation of your apartment; (b) the condition of your apartment; (c) anything you or anyone else at your apartment does or fails to do; (d) any breach of your obligations under your lease; except where we or the management company are made responsible under your lease, or where we or those for whom we are responsible or the management company have caused the loss or liability"

There's nothing in there about changes to the lease as far as I can see.
Questions are:
1) Any key points to include in the appeal wording?
2) I've contacted the management company and they say they don't get involved in disputes with Link. But based on the above, can I hold the management company responsible (as Link is their agent) for failure to respect my quiet enjoyment?
3) My girlfriend parked the car (mine) in my numbered space but didn't notice the permit was on the floor rather than the dashboard. Does this change anything?

Thanks in advance!

Redx

Doesn't matter what is in any appeal , link will reject it , we would advise you to appeal as keeper using the blue text template from the newbies FAQ sticky thread near the top of the forum , no changes

Link do have form for issuing court cases

D_P_Dance

More more reading here

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

https://forums.landlordzone.co.uk/forum/residential-letting-questions/1053920-private-parking-companies

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 has been known to get the charge cancelled.

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.

perizadah

Thanks for the quick responses. I had read both of those links pretty sure I'm in the right not paying here but given the amount of work I have on at the moment would prefer to avoid the hassle of court. Is there anything more I could say to the management company to get them to call Link off or is my only option appeal and wait for a court letter?

Half_way

A few pointers:

 Primacy of lease ( as already stated)

if you displayed a permit you only did/do this as a courtesy entirely at your own discretion , a courtesy that you no longer wish to continue with and will return the permit upon receipt of a stamped addressed envelope

The imposition of an unregulated private parking company is unreasonable  and its

The management company is jointly and severally liable for the actions of its agents ( the parking company)