IAS appeal multiple tickets

fustratedParker

nosferatu1001 said:

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. 

Again, sorry for the dumb questions, but some of this legal stuff goes over my head a bit. Are you saying that the MA is the principle in the lease contract I signed with my landlord? What does that mean exactly? 

As always, thank you guys for your time and help!

nosferatu1001

No. I mean they are the principal in the contract between them and linkmparking. 

They are a complete stranger to your lease , at a guess 

If you hire someone to do a job, the principle (note spelling) of law of agency means you are liable for their actions

D_P_Dance

Some  essential reading

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, when life gets back to normal, it will become impossible for those scammers who are left to continue their vile trade, 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.

fustratedParker

Thanks for all of the information guys, I will be calling my MP and writing to my MA soon. I have managed to get my lease, and there is a section on parking, that says the following:

Schedule 1 - Obligations of the Tenant
15. Car Parking Space
15.1 To allow private vehicle(s) only to be parked at the Property in the space, garage, or driveway if applicable allocated to the Property.
15.2 To ensure that any garage, driveway, or parking space is kept free of oil and other fluids and to arrange for, carry out or compensate the Landlord for the removal and cleaning of any spillage caused by a vehicle belonging to the Tenant, their family, contractors or visitors;
15.3 To arrange for all vehicles belonging to the Tenant, their family, or any visitors to be removed from the Property at the end of the Tenancy;
1.54 To ensure that no vehicles that are not in a road worthy condition are parked at the Property and that all vehicles are fully taxed.

I'm not sure how this affects the situation. Perhaps you guys could shed some light on whether Link is infringing on my rights as per the lease? Thanks very much for all your help as always.

D_P_Dance

No mention of a permit.  No mention of paying a third party damages.  Slam dunk win in court IMO, consider a counter claim for a data breach and/or harassment.  

nosferatu1001

You have right to park
no need for permit
no need to enter a supposed contract

what other threads on residential cases have you found? This is a forum. If you're not using all threads you can you're missing the point 

Fruitcake

I suggest you go back through this thread from the beginning and make a to do list using all the advice given by the regulars, then prioritise it, then do it.

Do read the Landlord and Tenant Act as I mentioned earlier so you can quote the relevant parts to the MA about the ballot they MUST have done by law in order to change the terms of the lease from that which is written.
We know it hasn't happened but you need to ask when it was done and point out that it is the ONLY way a scammer can operate on your demised parking space.

Ask the estate agent why you weren't warned that an unregulated parking company that our MPs have referred to as scammers was operating on the site when you agreed to rent. This is a hidden contract term that was kept from you, and you would never have agreed to the rental terms had you known about it. You have been mis sold this rental contract.
Ask them about the L & T Act ballot and point out to them that is the only thing that could amend your contract, but they failed to tell you when it happened and what the result was.


Do look up the case of Jopson vs Homeguard as well as other residential court cases as mentioned by D_P_Dance this morning..

Email your MP. Do not 'phone.

Ralph-y

can I please ask ....

"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?"

so are you saying that the signs say 'must display a permit' and the MA are saying don't?   does that mean that the scammers have a 'white list' ?

Ralph

fustratedParker

D_P_Dance said:

No mention of a permit.  No mention of paying a third party damages.  Slam dunk win in court IMO, consider a counter claim for a data breach and/or harassment.  

Annoyingly, I supplied them with my data when I appealed directly to them (dumb move probably, I know, but as I said I prefer to do things by the book). Do I still have a case for data breach?

Fruitcake said:

I suggest you go back through this thread from the beginning and make a to do list using all the advice given by the regulars, then prioritise it, then do it.

Do read the Landlord and Tenant Act as I mentioned earlier so you can quote the relevant parts to the MA about the ballot they MUST have done by law in order to change the terms of the lease from that which is written.
We know it hasn't happened but you need to ask when it was done and point out that it is the ONLY way a scammer can operate on your demised parking space.

Ask the estate agent why you weren't warned that an unregulated parking company that our MPs have referred to as scammers was operating on the site when you agreed to rent. This is a hidden contract term that was kept from you, and you would never have agreed to the rental terms had you known about it. You have been mis sold this rental contract.
Ask them about the L & T Act ballot and point out to them that is the only thing that could amend your contract, but they failed to tell you when it happened and what the result was.


Do look up the case of Jopson vs Homeguard as well as other residential court cases as mentioned by D_P_Dance this morning..

Email your MP. Do not 'phone.

Yes, that's exactly what I was planning on doing tonight, making a list of things to do, reading up, and drafting some emails to MP and MA, thanks. Thanks also for the suggested reading.

Ralph-y said:

so are you saying that the signs say 'must display a permit' and the MA are saying don't?   does that mean that the scammers have a 'white list' ? 

No, from what I understand, they simply aren't monitoring who it is that is parking here. Seemingly, all they are doing is making sure people are parked inside legal parking areas, and they can't even get that right...

Ralph-y

so scammers say you must have a permit and MA say we are not giving any ?

Ralph