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IAS appeal multiple tickets

Good afternoon,

I am a first time poster, and I have read the newbies thread, but with the coronavirus situation, as well as the new legislation, and somewhat unique circumstances, I thought it would be fine to post to ask for advice, hopefully you agree. Firstly, an explanation of the tickets I received:

On the week of March 30th - April 5th, I received 4 separate parking charges from Link Parking each for 100 pounds, 60 if I pay quickly. I live in a residential development, which has private parking for the people living here. My car was parked next to a curb, on which there is a plaque with my property number. There are no lines on the ground delimiting the parking bay, however, the plaque indicates that it is a legal parking area.  The parking charges are for "not parked in a designated area". In following of government advice, I did not leave my apartment that entire week, and thus did not see the notices, hence accumulating 4 separate charges.

Second, an explanation of the steps I have taken:
I spoke on the phone with Hazelvine, the company who manages the residential area, who were kind, and said they would help. However, after emailing them, the regional manger responded saying, "Unfortunately it is not permitted as part of the contract with Link Parking for us to get involved with any issued tickets.". I then submitted a written appeal to Link Parking, as per moneysavingexpert's recommended "do it by the book" method. I disputed the charge on three grounds:
  1. The car was parked in a legal area, as denoted by the plaque.
  2. The signs posted are incorrect. The signs around the area refer to a permit being needed to park, however I have written confirmation from Hazelvine that this isn't the case, so I disputed the validity of the contract I entered with Link Parking when parking there, if half the sign is wrong.
  3. Mitigating circumstances. I didn't leave my house, and thus see the notices, given the government advice to stay home.

Unsurprisingly, I have just received an email from Link parking, rejecting my appeal, saying that I wasn't parked next to the plaque with the number, which is not true. I'm not sure what to do next. According to the advice on the general page, I should submit an appeal with the IAS. However, the consensus on the forums seems to be that this is useless, as they always rule in favor of the parking firm, and if anything, could hurt my chances in court? Furthermore, does the fact that I have 4 separate notices make a difference? Should I appeal each separately, if nothing else, to wear them down?

Thank you very much for your help in advance,

frustratedParker

«1345678

Comments

  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    nothing will wear Link down , they have been doing this sc@m for years, dont bother with the IAS

    you should be complaining to the landowner or managing agent and getting the pcn,s cancelled and getting Link removed

    if you are going to fight Link, do it in court , let a judge decide
  • As I said in my post, I tried complaining to the managing agent, the company Hazelvine, and they replied that they cannot get involved due to the contract that they have with Link Parking. I guess that only leaves taking this all the way to court.
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    LINK PARKING ARE SCAMMERS and nobody pays a scammer.   
    Link Parking are listed on the scammers list called the IPC.  Who set up the scam IPC ???  A unruly solicitor called Gladstones Solicitors ?   ......  YES, probably the only solicitor in the UK who runs a scam and the SRA, that's The Solicitors Regulation Authority, know about it and allow it.  That is why you should be contacting your MP.    

    THE CHAIN OF EVENTS after Link reject your appeal.and you don't appeal to the scam IPC/IAS
    * Maybe Link will chase you  and at some point will pass this to debt collectors, probably DRP (DEBT RECOVERY PLUS)   ...... DRP can only be explained as living in the sewers, they lie and are full of sh*t
    YOU IGNORE THESE IDIOTS, NOTHING THEY CAN DO BUT LIE

    * Sooner or later, the head honcho of the scam ..... that's Gladstones who will make contact and either telling you to pay, or give you a letter before claim giving you 30 days to respond.
    We know the rubbish they say and these rogue traders also know what we will say. 

    Take it easy .. IF YOU GET A LETTER BEFORE CLAIM, then come back here for help
  • Fruitcake
    Fruitcake Posts: 59,481 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Complain to the landowner.
    If the MA introduced the scammers then complain again.
    Ask when they held a ballot of all residents in accordance with the Landlord and Tenant Act (not if) and ask whether 75% agreed to introduce a scammer with no more than 10% dissenting. Point out that this is the law and if it has been breached, the MA will be held jointly liable in any court claim. Ask for details of the person or persons who will be attending court if that happens, and ask them for a copy of the lease allowing the scammers to scam.

    Check your lease/AST to see what it says and doesn't say about parking, permits, parking charges, court claims. Check the head lease if there is one.

    Do not appeal to the IAS.

    You should never have used any information and certainly not the rubbish appeal template from the "official" MSE page. Mitigating circumstances will never work but a lot of the other information on that web page is just plain wrong.
    Only ever use advice from this forum, and only ever use templates from this forum.

    Complain to your MP about this unregulated scam.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 13 April 2020 at 8:30PM
    As I said in my post, I tried complaining to the managing agent, the company Hazelvine, and they replied that they cannot get involved due to the contract that they have with Link Parking. I guess that only leaves taking this all the way to court.
    Then complain again and issue them with an LBC stating that you will claim against them or counter claim against them by joining them into any court case along with Link

    They may rue the day they signed that contract

    Complaining once isn't good enough , read previous threads on here where some people took on the managing agents plus the parking company and were successful , it's not as if you are the only one in England and Wales who has had this problem , especially in link cases
  • Coupon-mad
    Coupon-mad Posts: 155,642 Forumite
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    edited 13 April 2020 at 8:31PM
    I received 4 separate parking charges from Link Parking each for 100 pounds, 60 if I pay quickly. 
    Yeah but you won't be doing that. 

    Only a clueless idiot would pay them, and you don't strike me as that sort of person and have come to the right forum!

    WHY have the residents allowed Link to be inflicted on you all?
     Furthermore, does the fact that I have 4 separate notices make a difference? Should I appeal each separately, if nothing else, to wear them down?

    Doesn't make any diference, your defence is likely to win but the appeal is not, but try it anyway.  


    ONLY try IAS if you are absolutely clear that it is a COMPLETE FARCE and a kangaroo court and you are only doing it to expose Link and the IPC for having an unfair and biased 'appeal' 'service' not fit for purpose, and so the Judge later on thinks you did all you could.  Judges don't like ignorers...


    ... but ONLY do IAS if you fully understand you will lose and not to pay, and ONLY if it's the standard verision that they don't ask you to pay money for (LOL!).  


    No paying, and no coming back telling us you lost at IAS and asking what is the 'next step'.  Hate that.

    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Redx
    Redx Posts: 38,084 Forumite
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    edited 13 April 2020 at 8:33PM
    The next step , present step and previous step is complaining and taking on the MA

    By all means follow the above advice , but the way out is to take them both on , not cower and pay , link are bullies
  • Umkomaas
    Umkomaas Posts: 43,772 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    This might take some time, but don't be fazed by that. A Judge will give you a much more impartial hearing than either the PPC or the sham that is the IAS. Hang tough, await the end game. Other than a landowner cancellation, there's nothing else you can do than wait for a Letter of Claim, and/or a formal court claim via the Northampton CCBC. Neither of each might ever come. Should they do, we can offer significant help. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Thank you all for your quick replies, I really appreciate it. I'll try to respond to all of them.

    Firstly, let me make it clear, I have no intention to pay this, I won't be paying them almost a months rent for this BS until a judge orders me to! As for the replies:

    Fruitcake said:
    Complain to the landowner.
    Ask when they held a ballot of all residents in accordance with the Landlord and Tenant Act (not if) and ask whether 75% agreed to introduce a scammer with no more than 10% dissenting. Point out that this is the law and if it has been breached, the MA will be held jointly liable in any court claim. Ask for details of the person or persons who will be attending court if that happens, and ask them for a copy of the lease allowing the scammers to scam.
    I'm sorry for the probably really dumb question, how do I find out who the landowner is? I've only dealt with my estate agent, who manages my flat for the landlord (of my particular flat), and the managing agent for the whole set of apartment blocks. Should I just ask the managing agent?

    I will follow up with the MA with regards to the ballot for the ballot. When you say a copy of the lease allowing the scammers to scam, are you referring to the contract between the MA and Link Parking?

    beamerguy said:
    THE CHAIN OF EVENTS after Link reject your appeal.and you don't appeal to the scam IPC/IAS
    * Maybe Link will chase you  and at some point will pass this to debt collectors, probably DRP (DEBT RECOVERY PLUS)   ...... DRP can only be explained as living in the sewers, they lie and are full of sh*t
    YOU IGNORE THESE IDIOTS, NOTHING THEY CAN DO BUT LIE
    In the case the debt collectors do get in touch, is there any chance this could have a negative effect on my credit score? I had a bad experience with a telephone operator, who sent debt collectors my way, and it ended up on my credit report, which was frustrating.

    ONLY try IAS if you are absolutely clear that it is a COMPLETE FARCE and a kangaroo court and you are only doing it to expose Link and the IPC for having an unfair and biased 'appeal' 'service' not fit for purpose, and so the Judge later on thinks you did all you could.  Judges don't like ignorers...


    ... but ONLY do IAS if you fully understand you will lose and not to pay, and ONLY if it's the standard verision that they don't ask you to pay money for (LOL!).  

    I think I am most comfortable following this advice. I would rather follow the "proper" process, as much of a sham as it might be, to show that I did all I could.

    Again, thank you all for your help. Not to play the pity card, but I'm a foreigner living on my own here, and with everything that is happening in the world, and this on top, it's slightly overwhelming... but you guys seem really helpful :) 

  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    yes ask the MA, and/or pay the Land Registry a small fee

    the Land Registry have all the data on land ownership, seems obvious really

    the only thing to have a negative effect on a credit score is an unpaid CCJ, which is explained in the NEWBIES FAQ sticky thread in post #2 , no court order, no effect on credit score, debt collectors are powerless , scum of the earth

    if you lost in court , pay up , IN FULL , within one month !! to avoid the CCJ issues and avoid credit rating issues (nothing to do with parking per se) - common knowledge

    phone operators have signed contracts with you, or implied contracts , totally different to this topic

    know the facts and know your enemy, be it covid19 or Link
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