PCN while in GF's allocated parking bay - permit slipped off dashboard

zimbo_ouen

Link Parking slapped a PCN on my windscreen the other day because the permit had slid off the damn dashboard. I've now fixed it to the window but it's my gf's flat, always have the permit showing usually. Took a photo showing the permit to show I have the right to park there and sent off an appeal but doubt that will do anything.My gf also emailed the management company who said it's out of their control which sounds like a load of bollox and they might be cashing in on this too possibly.

It's residential parking with electric gates and fob access to open the gates so 99% of the time it's closed access anyway and the fact it's my gf;s own allocated parking space makes this an utter joke but I really don't know if I want the stress and hassle of months of court threats and going so wanted to ask advice on this too

I have read the newbies thread and honestly it sounds exhausting and when I think about the time I'll spend on this all, that will be worth more than the fine in the end

Umkomaas

I really don't know if I want the stress and hassle of months of court threats and going so wanted to ask advice on this too

I'm afraid that's about the only likely route to getting the charge cancelled. It's the nature of the beast, the PPC lobs a hand-grenade into your lap, unless you take all the stress, learn how to and are then able to defuse it, it's going to blow up in your face.  Meanwhile, the PPC is miles away, busy lobbing grenades into other motorists' laps.  

Part of the defusing process is to study very carefully the deeds/lease/tenancy agreement your gf has signed up to.  Was the PPC in place before or after your gf moved in?

I have read the newbies thread and honestly it sounds exhausting and when I think about the time I'll spend on this all, that will be worth more than the fine in the end

There is no silver bullet. You must make the decision - fight or run away.

zimbo_ouen

Thank you @Umkomaas for your reply and time answering. I think this is also the issue is that my gf is getting very stressed about this too as I'm bugging her lots about her contract and wanting to speak to her management company/landowner and she isn't happy lol

For the sake of the relationship and all the hassle maybe I'll just have to pay up as much as I hate to say it. If it was me owning the flat I'd be full on fighting this but really do feel like I'm stuck between a rock and a hard place here because I am not the leaseholder

Ralph-y

Please let her know that if you pay the PPC will have you both down as a soft touch and will keep looking to catch you again 

she should move....

Ralph

Coupon-mad

It's not exhausting. 

Fighting a scam is worth it (even just as an example to your kids/family never to pay a scam) and you just use the template defence when the time comes in 2021.  

Tenants fight and win these all the time.  Loads of examples. 

But you need to move to somewhere with no PPC ex-clamper infesting it.

D_P_Dance

Have you read this?

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

What does your gf's  lease/AST say about parking? Does it mention the need to display a permit? then it may take primacy over the self serving TnC of the scammer, and interfere with your lawful right to “quiet enjoyment” of your property, possible an offence under The Landlord and Tenants Acts.

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 in some cases, cancellation. 

Johnersh

Was the permit visible even if not on the dash windscreen.  For those that are, these are usually dealt with in short order. 

zimbo_ouen

Hi @Johnersh - Unfortunately the permit had genuinely fallen off the dashboard and onto the side of the seat so it wasn't viewable really. Just the fact this is her space for the flat, and the fact residents are the ones who probably get penalised the most here makes me blood boil. If you were able to retrospectively prove you have the valid permit for that space it should be cancelled but they sound like they are a bunch of b*stards and the facts that maybe I might not have access to the lease details easily without stressing my gf out just wonder what chance I'd have if it did end up going to court if I wanted to challenge this alone without getting my poor gf involved in it all.

I did called the management company today (Hazelvine) who seem like a right bunch of clogs and either are getting a cut of this or are just stupid/ignorant but the woman I spoke today to said she cannot do anything and can't ask Link Parking to cancel the PCN but I know they can as I've seen some threads here where the management company can. I called them asking for the freeholder's details and she claimed they were but how true this is I cannot verify atm either - again it may be in the lease of the gf but unless she doesn't mind me scouring through it all - even if it was there - the fact I'm not leaseholder might make this a lot of a harder fight because I can't use the lease agreements for me can I?

zimbo_ouen

D_P_Dance said:

Have you read this?

* removed as I (zimbo_ouen) can't put links atm *

What does your gf's  lease/AST say about parking? Does it mention the need to display a permit? then it may take primacy over the self serving TnC of the scammer, and interfere with your lawful right to “quiet enjoyment” of your property, possible an offence under The Landlord and Tenants Acts.

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 in some cases, cancellation. 

Thanks @D_P_@D_P_Dance
again as my post above, because I'm not the leaseholder is this going to be a tough one to fight?
With regards to contacting a local MP, what do I say/ask of them? To contact Link Parking to cancel this PCN?

zimbo_ouen

Coupon-mad said:

It's not exhausting. 

Fighting a scam is worth it (even just as an example to your kids/family never to pay a scam) and you just use the template defence when the time comes in 2021.  

Tenants fight and win these all the time.  Loads of examples. 

But you need to move to somewhere with no PPC ex-clamper infesting it.

Thanks @Coupon-mad
I just don't know how strong my defence is when I'm a visitor using her permit she has given me when I'm not the leaseholder as not managed to find (so far) many examples of this - I'm not the tenant here so this makes it more difficult

Coupon-mad

Make sure you engage and show the permit as proof more than once, in a repeated reply that tells Link you were permitted.  Also attach a witness statement from the resident to say you did display the permit in your car.

You could allege that it is feared the predatory self ticketer dislodged it, because you believe they are being paid a bounty per PCN and you want Link to investigate and confirm what actually happened.  That allegation will put them on the spot because they are not allowed to pay incentives...so allege it and see what they say back.