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

zimbo_ouen

Just wanted to clarify I am going to now fight this all the way. I've been chasing my MP who acknowledged my chase after I gave more information today which is good.

I have the full Lease, Contract, Deed of Covenant, Leasehold Information Form and TR1 for evidence and I'm going to ask my girlfriend to write me a witness statement confirming she has supplied me with these documents, that I had full authorisation to park in her own parking space (which forms part of the leasehold as seen from my pictures in a previous post) and that she never entered into any agreement or contract with Link Parking or the Management Company when she purchased the property.

zimbo_ouen

Also interestingly, here is a response from the Management Company when my girlfriend had previously tried to challenge and get a PCN cancelled (unsure if it was for mine or a previous one she had and paid):

"In regards to the parking enforcement at the development, this has been in place since 2011 with various different companies.  The current enforcement company, Link Parking have been in operation since 2017; it was the responsibility of the previous owner to pass on all codes, keys and permits to you post completion.  Also, there are several signs around the development informing residents that parking enforcement is in place. "

Pretty sure they'd need to get consent from an individual (and proof of this) and can't just put it into force - especially when the lease doesn't mention anything about permits

D_P_Dance

Consider lodging a counter claim for harassment/data abuse/infringement of legal right under housing acts/whatever 

Le_Kirk

zimbo_ouen said:

Also interestingly, here is a response from the Management Company when my girlfriend had previously tried to challenge and get a PCN cancelled (unsure if it was for mine or a previous one she had and paid):
"In regards to the parking enforcement at the development, this has been in place since 2011 with various different companies.  The current enforcement company, Link Parking have been in operation since 2017; it was the responsibility of the previous owner to pass on all codes, keys and permits to you post completion.  Also, there are several signs around the development informing residents that parking enforcement is in place. "
Pretty sure they'd need to get consent from an individual (and proof of this) and can't just put it into force - especially when the lease doesn't mention anything about permits

What they missed out was "and here is a copy of the consultation report and the vote of the owners/leaseholders/tenants/residents proving that a consultation and vote did take place in line with the landlord and tenant act and that 75% of the interested parties agreed and not more than 10% disagreed".

zimbo_ouen

Le_Kirk said:

zimbo_ouen said:

Also interestingly, here is a response from the Management Company when my girlfriend had previously tried to challenge and get a PCN cancelled (unsure if it was for mine or a previous one she had and paid):
"In regards to the parking enforcement at the development, this has been in place since 2011 with various different companies.  The current enforcement company, Link Parking have been in operation since 2017; it was the responsibility of the previous owner to pass on all codes, keys and permits to you post completion.  Also, there are several signs around the development informing residents that parking enforcement is in place. "
Pretty sure they'd need to get consent from an individual (and proof of this) and can't just put it into force - especially when the lease doesn't mention anything about permits

What they missed out was "and here is a copy of the consultation report and the vote of the owners/leaseholders/tenants/residents proving that a consultation and vote did take place in line with the landlord and tenant act and that 75% of the interested parties agreed and not more than 10% disagreed".

and if they did have such a report and it met those conditions, surely it should be in the lease or something signed upon purchasing no? She can't just inherit that requirement without consenting can she?

Le_Kirk

and if they did have such a report and it met those conditions, surely it should be in the lease or something signed upon purchasing no? She can't just inherit that requirement without consenting can she?

I think so because it must form part of the agreement when buying or renting and cannot just be sprung on her some years later when it suits a parking company who is not party to the lease!  However IANAL

Uptown_Boy

If the lease terms mention a management company then any prior agreements (compliant with the L&T Act) will flow from the original leaseholder (or the leaseholder at the time of the specific agreement). However such agreements should be documented and available from the MC - I'm not sure they'd form part of the sales contract package.

zimbo_ouen

This does seem to have good info about this actually: https://www.parkingcowboys.co.uk/own-parking-space/
But thanks @Le_Kirk

zimbo_ouen

Uptown_Boy said:

If the lease terms mention a management company then any prior agreements (compliant with the L&T Act) will flow from the original leaseholder (or the leaseholder at the time of the specific agreement). However such agreements should be documented and available from the MC - I'm not sure they'd form part of the sales contract package.

Thanks. She certainly has never been sent any kind of documentation or signed anything either about this permit parking - all the documentation she had from the solicitors I have and nothing mentions permits being needed and the lease (and primacy of contract) states she or visitors have a right to park there with no mention of needing to display a permit.

It was good to see 2 people have won their cases against Link Parking in the same estate where this has happened and I wouldn't be surprised if everyone has the same lease but obviously won't be assuming that. Just it's good ammo.

nosferatu1001

If it was agreed prior to the purchase, it must then be included in the new lease.