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

zimbo_ouen

Le_Kirk said:

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.

Sorry for the typos there (I did see them but I can't edit my posts once it's been posted.
I will have a look at the lease but to clarify, there are no visitor spaces - each parking space is for each flat and the resident gets a permit to use for that space, so regardless of if it's for the resident or a visitor, it's the same permit and allocated parking space they get and use.

Once I clarify things on the lease I guess I'll know more on how to fight this stupid thing. Thank you all for your help so far on this. I appreciate it.

zimbo_ouen

Were_Doomed said:

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.  

Yes very true and we shall see what it says

zimbo_ouen

Some people have mentioned to speak to a local MP - but what is it exactly I'm asking them to do by the way?
To give me advice on what to do? Or to get them to contact Link Parking to get this cancelled with all my relevant facts I give them?

Coupon-mad

Or to get them to contact Link Parking to get this cancelled with all my relevant facts I give them?

As above.

And I told you what to say to Link.  You quoted my post but then repeated to me what I already knew...my advice has not changed.

I was suggesting that is what you need to say to Link now (or when they reject the appeal, reply again) to set the scene:  i.e. that you fear the self-ticketer was being paid a bounty for paid PCNs (which is not allowed) and put Link to strict proof.  And that you think they dislodged the permit because it was displayed.  And at that stage you can also send the WS I told you to get from your gf, plus her lease (or tenancy agreement, not a lease if she doesn't own it?).

D_P_Dance

You are asking your MP to write to the PC and ask them to cancel.   They rarely do, but it might sway a judge.

zimbo_ouen

Coupon-mad said:

Or to get them to contact Link Parking to get this cancelled with all my relevant facts I give them?

As above.

And I told you what to say to Link.  You quoted my post but then repeated to me what I already knew...my advice has not changed.

I was suggesting that is what you need to say to Link now (or when they reject the appeal, reply again) to set the scene:  i.e. that you fear the self-ticketer was being paid a bounty for paid PCNs (which is not allowed) and put Link to strict proof.  And that you think they dislodged the permit because it was displayed.  And at that stage you can also send the WS I told you to get from your gf, plus her lease (or tenancy agreement, not a lease if she doesn't own it?).

Ok thanks. I will do that If (when) they reject my appeal. Sorry for any confusion

zimbo_ouen

So I believe my local MP is potentially looking into this now:


I also now have a copy of the lease. I don't see anything about permits being required in it, and also as part of her lease, in the contract it highlights her flat AND the parking space as being hers.

I am happy to insert snippets of the lease in here for you to peruse if you think it's OK to do this - I have blotched out any identifying plot numbers, parking space numbers (including her own ones) etc to ensure things are confidential and unidentifiable in case of some undesirables that could be on here just so you can see relevant elements that relate to parking.
If you are OK that I do this please let me know and thank you for all your help with this one

Coupon-mad

also as part of her lease, in the contract it highlights her flat AND the parking space as being hers.

Sounds perfect.  They (the parking firm) are trespassing on her demised land, and you were not.

Yes, you can safely show us.

zimbo_ouen

Hello all,
These are the only things I can find where it relates to parking (but mentions no permits) and nowhere in what I've read so far does it reference permits.

What do you all think?

Redx

Looks good to me

They say only the residents and authorised visitors to the flat can use the parking space , TICK

Nothing in the lease mentions using or displaying permits , TICK

The right to quiet enjoyment in 7.2 , TICK

That the management company or their contractors won't interfere with quiet enjoyment , TICK