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

Johnersh

permit had genuinely fallen off the dashboard and onto the side of the seat so it wasn't viewable really. 
It either was or wasn't. If it fell face up on the seat, such that it was at least identifiable as a permit, then it's visible through the windscreen/side window.

I just don't know how strong my defence is when I'm a visitor using her permit she has given me
You're a lawful visitor parked in her demised bay, with her permission. The purpose of the scheme is to prevent third parties obstructing bays, you were parked with permission, where you should be.

The questions are more about whether you have time/inclination and whether, if it's a new(ish) relationship you're happy to ask for or would be given all the documents to look through. 

zimbo_ouen

Coupon-mad said:

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 ca.

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.

I have sent it with the appeal using the template in the newbies sections. Unfortunately the permit wasn't visible as it had fallen down off the dashboard down the side and their photos show it not being visible that particular day. Unsure what I can do on that aspect? But certainly was a genuine visit with permission to park there from the leaseholder.

zimbo_ouen

Johnersh said:

permit had genuinely fallen off the dashboard and onto the side of the seat so it wasn't viewable really. 
It either was or wasn't. If it fell face up on the seat, such that it was at least identifiable as a permit, then it's visible through the windscreen/side window.

I just don't know how strong my defence is when I'm a visitor using her permit she has given me
You're a lawful visitor parked in her demised bay, with her permission. The purpose of the scheme is to prevent third parties obstructing bays, you were parked with permission, where you should be.

The questions are more about whether you have time/inclination and whether, if it's a new(ish) relationship you're happy to ask for or would be given all the documents to look through. 

It had fallen down the side of the seat so wasn't viewable to them I'd say mate

Totally agree to your second point and argued that with the property management scheme who said they had no control over this which is total rubbish - they could definitely cancel the ticket if they are the genuine freeholders and wouldn't surprise me if they get some kind of incentive out of this too - whether official or unofficial

I have told her I'm thinking about now fighting this so might as her soon if I can at least peruse over her lease and see what it says while I have some time still

D_P_Dance

I did called the management company today (Hazelvine) who seem like a right bunch of clogs 

Many management companies will not deal directly with tenants.   They insist that you go though the leaseholder, rightly imo.  

zimbo_ouen

D_P_Dance said:

I did called the management company today (Hazelvine) who seem like a right bunch of clogs 

Many management companies will not deal directly with tenants.   They insist that you go though the leaseholder, rightly imo.  

My girlfriend is the leaseholder though as already mentioned, and she emailed and they fobbed her off also unfortunately. When you look up Hazelvine and what people say about them I'm not surprised at their unwillingness to help, and again have my suspicions on possible incentives for them to not help when really they should be looking out for the residents here as the property management company for this block

Half_way

What rights does she have to park in that space?
What she's the lease say?

zimbo_ouen

I'm going to ask the gf if I can look at the least this weekend and will go form there. Assuming of the lease says she has the right to park there but has to display a permit I assume this could be a tough one, but if it says she has the right to park there and nothing about permits then I guess I've got a good chance to win this one

Were_Doomed

zimbo_ouen said:

I'm going to ask the gf if I can look at the least this weekend and will go form there. Assuming of the lease says she has the right to park there but has to display a permit I assume this could be a tough one, but if it says she has the right to park there and nothing about permits then I guess I've got a good chance to win this one

Such requirements in leases are surprisingly (or not?) quite rare, so it's important to take a good look at the lease. What the lease doesn't say is often as important as what it does.  

D_P_Dance

If the HA are a registered charity get her to complain here,

https://www.gov.uk/government/organisations/charity-commission

Le_Kirk

zimbo_ouen said:

I'm going to ask the gf if I can look at the least lease this weekend and will go form from there. Assuming of the lease says she has the right to park there but has to display a permit I assume this could be a tough one, but if it says she has the right to park there and nothing about permits then I guess I've got a good chance to win this one

Surely the point is about visitor parking not the resident parking.  What does the lease say (if anything about visitors), does it mention them, does it mention permits?  As a visitor, who has been given a permit, you are de facto authorised to park there.