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

nosferatu1001

Yep, exclusive right to use the space. 
Tell the MC gto FRO. You withdraw from any so called "parking management", they are prohibited from entering your parking space for any purpose, and as you were not consulted on the introdution of this scheme OR this scheme was in place but was never included in your lease, meaning it has no power to bind you when you already have a right to park, you reject any nmotion that a stranger to yoru lease has any business accessing your data
You require them to ceaqse and desist
You require them to instruct their agent XXXXX to cancel any and all outstnading tickets, and to erase your personal data which they unlawfullyt obtained as they never had sufficient authority to offer parking contracts over the space. If they do so within 14 days, and undertake to never trepsass in this space again, you will not exercise any other legal options you have at this time, up to and including an inuunction against the MC from interfering with your lease. 
This is their only warning, and you will nto enter discussions into this. The lease in place is prime

zimbo_ouen

nosferatu1001 said:

Yep, exclusive right to use the space. 
Tell the MC gto FRO. You withdraw from any so called "parking management", they are prohibited from entering your parking space for any purpose, and as you were not consulted on the introdution of this scheme OR this scheme was in place but was never included in your lease, meaning it has no power to bind you when you already have a right to park, you reject any nmotion that a stranger to yoru lease has any business accessing your data
You require them to ceaqse and desist
You require them to instruct their agent XXXXX to cancel any and all outstnading tickets, and to erase your personal data which they unlawfullyt obtained as they never had sufficient authority to offer parking contracts over the space. If they do so within 14 days, and undertake to never trepsass in this space again, you will not exercise any other legal options you have at this time, up to and including an inuunction against the MC from interfering with your lease. 
This is their only warning, and you will nto enter discussions into this. The lease in place is prime

Sorry but can you clarify what you mean here: "Tell the MC gto FRO"? I know MC = management company but unsure of the rest and didn't see FRO in the newbies thread definition list.

Le_Kirk

FRO = I'll leave you to work out the "F but the R=Right and the O=Off

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 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.

So I'm going to send a reply to the appeal being turned down by Link Parking soon and going to mention what Coupon Mad has said above.

Shall I mention the support things about the leasehold to them to see if they'll back down as this is a fight they're going to lose? Or just do the above only?

zimbo_ouen

Le_Kirk said:

FRO = I'll leave you to work out the "F but the R=Right and the O=Off

haha Ok got it now

D_P_Dance

It looks as though, if they take this to court, they are likely to crash and burn.  Consider a counter claim for wrongful use of data/harassment/quiet enjoyment.  

zimbo_ouen

D_P_Dance said:

It looks as though, if they take this to court, they are likely to crash and burn.  Consider a counter claim for wrongful use of data/harassment/quiet enjoyment.  

Still unsure if I can do this when I'm not the leaseholder and essentially a visitor (which still gives me the right to park there)? Just unsure on what grounds I could do that? I've not had a NTK so they've not needed to access this data and only have what I have given in the appeal and the other stuff I could maybe have had more shove being the leaseholder.
I just want those idiots to cancel the PCN or if it goes to court, just get it quashed but would prefer they cancel it understandably.

Hence asking further up if I should show my hands and all that ammo to see if they will just cancel it? What do you recon?

Coupon-mad

They will not just cancel it; this will go to a court claim in 2021.  My suggestion is intended to put you in a stronger position and look better to the Judge.

D_P_Dance

Still unsure if I can do this when I'm not the leaseholder and essentially a visitor ...

The claim is for  a breach of contract.  If no contract exists of course you can counter claim for harassment/data breach 

zimbo_ouen

I'm thinking of sending this reply to the appeal loss email:
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Thanks for your response,

I am the registered keeper and confirmed so when making the appeal.

After racking my memory more on this matter, I really do think my permit was on the dashboard so do find it odd the day they were there it suddenly fell down? I now fear the ticketer possibly dislodged it by potentially moving my car, because I do believe these guys are being paid a bounty per PCN they acquire and thus an incentive to try anything if the situation arises. Please can I ask you to investigate and confirm what actually happened here - have you got video footage you can supply please to show the entire journey of the ticketer from the entrance of the estate to my vehicle and its permit state BEFORE the ticket was issued for absolute accurate evidence? I'd really like to rule out foul play here with such evidence. The pictures don't mean anything when they could have dislodged it and then taken a "before" and after picture.

Please investigate this and let me know.

The sign you put a picture up of through your website for this PCN has no location number so neither I, nor anyone else who might look into this now, can match this up with the location of this illegal PCN, therefore this sign is meaningless/void in its current state. 

I once again state I have an absolute right to park here as this parking space is part of the lease for the relevant flat it is linked too, for which I can reference as and when it's required going forward.

I've had a look at the lease in its entirety and some of the things to mention are:- It states "Only the residents and authorised visitors to the flat can use the parking space"

Nothing in the lease mentions using or displaying permits

- It states "The leaseholder and their visitors have the right to quiet enjoyment"

- It states "That the management company or their contractors won't interfere with quiet enjoyment"

Also, the parking space forms part of the leasehold and therefore your ticketer actually trespassed onto this private land.

I'd like to one last time advise you cancel this PCN "charge".

Regards,

XXXXXXX

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If you think this is pointless then I will refrain from sending it but wanted to see your thoughts. If you think I should still send something but to remove certain parts please do let me know too.

Thanks everyone