PCN residential parking

giogiu1974

Hello, I was issued with a parking ticket in my own parking space, in the back of my building (on private property). I was the driver but not the keeper of the vehicle, so when my friend received the reminder notice he sent back the transfer of liability with my name, which I agreed to.
The ticket was issued by a private parking company (Link Parking) who is claiming that the ticket was issued on land they manage and I was not displayed a valid permit. The PCN was attached to the vehicle. They say their signs clearly advertise the terms of parking and the charges which apply if they are not met.

My Tenancy Agreement says:

- You agree to park only in the space/s or garage allocated to the Property (if any) and to keep any vehicles kept at the Property fully taxed and in a roadworthy condition.

- You must obtain written consent to store or leave on the Property or any communal car parking space any commercial vehicle, caravan or boat, such consent not to be unreasonably withheld or delayed.

Therefore should be a Primacy of Contract. I have submitted an appeal through them and then IAS explaining that I don't need a permit in first place because a third party cannot unilaterally alter my tenancy agreement but this was rejected.

I have indeed an allocated parking space and I've only recently found out that the building management sent a letter to the leaseholder last year with the parking permit and he was supposed to give it to me but he never did. Since I don't own a car, I was not aware of this and never used my parking space, only one time on the last week of my contract before moving out, and that's when I got the PCN.

I am aware that Link Parking usually escalates this using Gladstone solicitors so it will most likely end up in Court.

Is this something that I can easily defend in Court by myself or is it better to pay this £100 PCN?

Coupon-mad

Is this something that I can easily defend in Court by myself?

Yes, with our help.  We win or see discontinued, 99% of cases we assist with defences for.

 or is it better to pay this £100 PCN?

Nope. 

Not sure why anyone would live in a place where a PPC infests though.  Unsuitable for a car owner.  Who arrived first, you or them?  Next time find a place with no PPC and make sure your landlord and Managing Agents know why you are moving out.  

giogiu1974

Coupon-mad said:

Is this something that I can easily defend in Court by myself?

Yes, with our help.  We win or see discontinued, 99% of cases we assist with defences for.

 or is it better to pay this £100 PCN?

Nope. 

Not sure why anyone would live in a place where a PPC infests though.  Unsuitable for a car owner.  Who arrived first, you or them?  Next time find a place with no PPC and make sure your landlord and Managing Agents know why you are moving out.  

Ok thanks. I came first, PPC was brought later but I've never noticed since I don't have a car. The week after the PCN I moved out.

Shall I just ignore all letters and wait from the first one from their solicitors?

Coupon-mad

Yes, as long as you make sure they have the right address for you for the next SIX YEARS. You've done all you can in terms of appeal (which was doomed because the IAS is a kangaroo court that only upholds a pathetic 5% of appeals...but a Judge will be pleased to see you tried):

I have submitted an appeal through them and then IAS explaining that I don't need a permit in first place because a third party cannot unilaterally alter my tenancy agreement but this was rejected.

You could ask your old landlord for a copy of his/her lease, if they are friendly and sympathetic.  That might help as evidence of the rights that they transferred to you as tenant and that they had primacy of contract waaaay before Link Parking pointlessly rocked up to prevent an imaginary 'parking problem' that never existed.

Half_way

A few things to  note:

you need to open a dialogue with the management company and hammer home that allowing an un regulated company to operate and then to try and charge you for parking on your property is completly unreasonable.

 you also need to hammer home that, if you have displayed a permit ithas only been as a courtesy and notas an obligation, if they said you need a permit to flush the lavatory after 9pm that would be just as ridiculous.

Yu should also do a little research on the links between: William Hurley, the IPC, the IAS, Gladstones solicitors, United trade and ndustry limited and so on for starters - be ready for a real eye opener .

 Once you have done all of this get back to the managemetn company  and raise merry hell.

 If all your ducks are lined up, and you have a right to park there, you could also go down the GDPR rooute with the management company - ask them why their agents are accessing and processing your personal data to your detriment, as you already have a right to use that sapce they have no lawful right to such data in line with GDPR, you could / should also ask them to inform the person whi signed the contract with link pakring that that individual could be personaly liable for any GDPR breachs caused by their agents.

Umkomaas

Once you have done all of this get back to the managemetn company  and raise merry hell.

The OP has moved out. 

giogiu1974

Yes, I moved out so it doesn't really matter if they still use that PPC to be honest.
I've called the Management company but they don't seems to care much. They said that they sent a letter to the landlord and he was supposed to give me the permit but the landlord said he never received such letter

Coupon-mad

So all of this needs to be confirmed by email, as evidence for you.  NOT BY PHONE.

giogiu1974

After 3 months I've just received a letter from Link Parking solicitor, BW Legal. They say that they have been instructed by Link Parking Limited to recover the money. The letter ends :" If you don't make payment of the balance or contact us with a valid reason for non-payment, then this may proceed to our legal process and the next contact from us could be a Pre-Action Protocol letter before claim, which after expiry, our client can instigate legal proceedings against you. We want to assist you and avoid any unnecessary legal action, so it is important that you contact us within the specified time so that we can work with you to resolve your account". Then there' a telephone number to call.

What should I do? Call them/send them an email explaining that I have Primacy of Contract?

nosferatu1001

What does the Newbies thread tell you to do about a debt collectors letter?

D_P_Dance

... and the next contact from us could be a Pre-Action Protocol letter before claim, 

If your lease/AST takes primacy they might struggle with that.   Have you complained to your MP?