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IAS appeal multiple tickets

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Comments

  • Umkomaas
    Umkomaas Posts: 43,772 Forumite
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    but you guys seem are really helpful 
    Fixed that for you, being damned by faint praise rarely motivates!
    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
  • Fruitcake
    Fruitcake Posts: 59,481 Forumite
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    edited 13 April 2020 at 9:08PM
    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 :) 


    Start by complaining to your landlord. Perhaps they own the parking bay. If not, they should know who owns the land.
    Alternatively, obtain a copy of the Land Registry entry. This costs under five pounds and can show details as small as a single parking space.

    Yes, I mean the contract between the landowner and scammers, or flowing from the landowner and scammers. If the contract is between the MA and scammers, there must also be a contract between the landowner and MA allowing the MA to employ a scammer.

    You do need to start with your own lease/AST to see what it says and doesn't say about parking.

    Did the estate agents tell you that parking scammers operated on site? If not then they have failed in their duty and mis-sold you the flat/rental contract. You should complain to them as well. If you do not have a copy of your lease/AST, instruct the MA and the estate agent to supply you with it.

    Debt collectors have absolutely no powers and can do nothing to you or your credit rating. Only court appointed bailiffs can take your money, and that's only AFTER a court case where you have lost and failed to pay.

    It is not obvious you are not from this country. If English is your second language then you are doing exceedingly well.
    I married my cousin. I had to...
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  • Redx said:
    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

    Thanks for that information. Again, I'm not from around here, so I guess I don't have the common knowledge you are assuming I do, sorry again, and thanks again for your help.

    Umkomaas said:
    but you guys seem are really helpful 
    Fixed that for you, being damned by faint praise rarely motivates!

    Agreed, you guys are being really helpful! Sorry if I implied you weren't :) 

    Fruitcake said:
    Start by complaining to your landlord. Perhaps they own the parking bay. If not, they should know who owns the land.
    Alternatively, obtain a copy of the Land Registry entry. This costs under five pounds and can show details as small as a single parking space.

    Yes, I mean the contract between the landowner and scammers, or flowing from the landowner and scammers. If the contract is between the MA and scammers, there must also be a contract between the landowner and MA allowing the MA to employ a scammer.

    You do need to start with your own lease/AST to see what it says and doesn't say about parking.

    Did the estate agents tell you that parking scammers operated on site? If not then they have failed in their duty and mis-sold you the flat/rental contract. You should complain to them as well. If you do not have a copy of your lease/AST, instruct the MA and the estate agent to supply you with it.

    Debt collectors have absolutely no powers and can do nothing to you or your credit rating. Only court appointed bailiffs can take your money, and that's only AFTER a court case where you have lost and failed to pay.

    It is not obvious you are not from this country. If English is your second language then you are doing exceedingly well.

    Are they under any sort of obligation to provide me with the contract between the MA and Link? I don't seem to have a copy of my lease, so I'll get in touch with my estate agent first thing tomorrow to give it another read.

    English is my first language, I was just referring to the fact that I'm not from here so I don't know much about the legal system at all. In fairness, I don't know too much about it in my home country, but I digress...
  • Half_way
    Half_way Posts: 7,545 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Getting the lease is very important, you also need to be pro active in deling with this.
     in most cases there will be a pre exisiting right to park that no third party  such as a parking compny or management company/agents can remove.
    As soon as you have established/firmed up your rights, you must write /email the management compaby and you need to state that the imposition of a third party unregulated parking coompany is unreasonable and you have only been displaying a permit as a courtesy not as an obligation 
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
  • Half_way said:
    Getting the lease is very important, you also need to be pro active in deling with this.
     in most cases there will be a pre exisiting right to park that no third party  such as a parking compny or management company/agents can remove.
    As soon as you have established/firmed up your rights, you must write /email the management compaby and you need to state that the imposition of a third party unregulated parking coompany is unreasonable and you have only been displaying a permit as a courtesy not as an obligation 

    For sure, I will make sure to get my lease tomorrow. With regards to the permit, perhaps I wasn't clear in my first post. The signs around the property say:

    "[...] Parking in this land is permitted for:
    Vehicles displying a valid permit and parked within the confines of a marked bay. [...]"

    However, when I purchased my car a month and a half ago, I contacted the MA regarding obtaining a permit, and they replied (in writing) that the decision had been made to not use permits, and that the signs were put up before that. Hence, nobody on the property uses permits. I might be totally wrong, but I think this is also a point in my favor in arguing my case, as the sign which writes out the "contract" I am entering with Link Parking, is wrong! Do you think this would also hold up in court?
  • Redx
    Redx Posts: 38,084 Forumite
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    you are entitled to a copy of your lease and should have had it already

    you are not entitled to a copy of the contract between the landowner and the M A
  • Coupon-mad
    Coupon-mad Posts: 155,642 Forumite
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    edited 13 April 2020 at 10:23PM
    and the managing agent for the whole set of apartment blocks. Should I just ask the managing agent?
    They are the ones who allow Link to infest the car park.  They are the guilty party.

    Why have they inflicted this on the residents, there is never a need for a PPC scum ex-clamper firm in a residential car park.  Who agreed to it?  Probably no-one who owns title in the land.  Your landlord, if it's a private owner, should be up in arms about this scam ruining the property and everyone's peaceful enjoyment.

    Link need kicking out.
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  • and the managing agent for the whole set of apartment blocks. Should I just ask the managing agent?
    They are the ones who allow Link to infest the car park.  They are the guilty party.

    Why have they inflicted this on the residents, there is never a need for a PPC scum ex-clamper firm in a residential car park.  Who agreed to it?  Probably no-one who owns title in the land.  Your landlord, if it's a private owner, should be up in arms about this scam ruining the property and everyone's peaceful enjoyment.

    Link need kicking out.
    Out of curiosity, is there any company that is reputable? Or any other solution other than this? I'm asking because if I complain to the MA that they use Link, I can imagine their response will be that they need someone to make sure the parking situation isn't chaotic. What could I reply to that, if I'm trying to be civil to them?
  • Redx
    Redx Posts: 38,084 Forumite
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    edited 13 April 2020 at 10:54PM
    none that I can think of , but Link seem one of the worst

    any reply to an MA should include the fact that residents are captive victims and the aim of any parking regime should protect the residents , the aim is to stop abuse by outsiders, but once a PPC has done that their only source of revenue is by targeting the residents , as you have found out

    you have the right to peaceful enjoyment of your property , free from harassment
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
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    Any response to the ma needs to make it clear that you never, ever gave them permission to 
    - alter your leased rights
    - interfere with your lease 
    - harass you 

    as your MA is the principal to the contract THEY are liable, fully and jointly with the ppc, for these breaches. You obviously MUST check your lease to see what your demised rights are, but certainly nowhere would you consent to your right to park being removed just so you can enter a contract that grants you nothing at all. 
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