Permit displayed inside car and motorcycle parked in same bay received ticket - Link Parking

shaf119

Hi,
If anybody could help me please
I received a notice to keeper from link parking
My car is parked in an underground car park with a permit inside the windscreen patrolled by Link Parking.
I also have my motorcycle behind my car within the same bay - its not a viable option to attach a permit to the motorcycle.

I feel there are 2 problems with the charge issued - 

1. The letter states that the parking charge was issued on 30th august at 'Barking Riverside IG11 0FJ'  - The post code is incorrect and not my address, IG11 0FJ is for a road nearby and not the postcode for the underground car park my motorcycle was in - Although they have pictures of my motorcycle with the PCN on it

2. As its not possible to attach a  permit to my motorcycle, I feel the motorcycle would have been covered by the permit being displayed in the windscreen of my car in the same bay.

I got in contact with the estate management company about getting a permit for my motorcycle, who in turn got in contact with Link parking, and this was their response: 

“If a motorbike wishes to park in  bay then they normally notify us of the registration number so we can update the wardens and give them an electronic permit as a normal cannot be displayed. We also do not have an issue of a motorbike and a car being in the same bay as long as they are both within the bay but again we would need to be notified of this.”

I should point out that I only found out about the charge through a letter, so somebody would've removed the yellow slip from my motorcycle which means I have not had the opportunity to pay the reduced sum.

I have already appealed as the keeper to Link Parking and have had the appeal rejected.
My only option left is the Independent Appeals Service.

I have attached the letter for reference.

Please help

Thank you

Fruitcake

The post code issue is minor and will not affect anything.

In my motorcycling days I used to have a second tax disc holder bolted to the bike for putting parking tickets in. This of course would only be an option in your case if the permit were small enough to fit inside a holder.

What does your lease/AST say about parking, permits, parking companies, parking charges, paying a parking company, and court claims?
What it doesn't say is just as important.

If there is no mention of any of the above, then there is no requirement to display a permit, and therefore no contract can be formed with the resident/motorist.

Did you know about a whitelist of permitted vehicles so that you can park your bike without getting a ticket before you got a ticket? If so, who supplied this information, and did you act upon it?

The NTK says a ticket was affixed to the windscreen. Does your bike have a windscreen? If not, the PPC has lied. Imagine my surprise. Did the NTK have a picture showing the NTD in place? Have you looked on the PPC's website to see if there are any images of your bike with a NTD?

What happened when you complained to the landowner or housing/manging agent?

Have you complained to your MP yet?

The NTK is non PoFA compliant, but if you appealed as driver then it is irrelevant. In any case, it is normally better to pursue this as driver for an own space case.

Half_way

the question about what does the lease say about parking is critical.
it can potentially overide any parking signage, or anything from a third party unregulated parking company

shaf119

Half_way said:

the question about what does the lease say about parking is critical.
it can potentially overide any parking signage, or anything from a third party unregulated parking company

Thank you @Fruitcake  and @Half_way

I have just checked the tenancy agreement:

there is this - 

'8.1 Additional clause(s):

.Taken as seen.
.Parking bay included - 635'

Nothing else
Also, the bay number is actually A44 not 635 - The numbering was changed but still the same bay i.e. bay 635 was repainted to A44

Thank you 

D_P_Dance

Ij th parking space belongs to the landlord then the PPC may be trespassing if they touch your car.  Consider a counter claim for £10. 

Have youu read this?

https://www.consumeractiongroup.co.uk/topic/324523-ukpc-liable-for-trespass-success/

Half_way

ten pounds?

you must get in touch with the management company and tell them that they must call off the unregulated parking company.
you must also tell them that you have only been displaying a permit as a courtesy and not an obligation, a courtesy of which you are now minded to withdraw from.

D_P_Dance

IIMU that £10 is a credible sum in this instance as the OP has suffered no damage.  This will prevent the PPC from discontinuing unless they settl out of court.  

Jenni_D

Unfortunately a £10 claim may be frowned upon under de minimis - a trivial matter which should not waste the court's time.

shaf119

Half_way said:

ten pounds?

you must get in touch with the management company and tell them that they must call off the unregulated parking company.
you must also tell them that you have only been displaying a permit as a courtesy and not an obligation, a courtesy of which you are now minded to withdraw from.

On what basis? I don't know if my landlord owns that parking space or not, or have I missed something? what are my next steps please? thank you all

fisherjim

shaf119 said:

Half_way said:

ten pounds?

you must get in touch with the management company and tell them that they must call off the unregulated parking company.
you must also tell them that you have only been displaying a permit as a courtesy and not an obligation, a courtesy of which you are now minded to withdraw from.

On what basis? I don't know if my landlord owns that parking space or not, or have I missed something? what are my next steps please? thank you all

You said it was in your tenancy agreement

Fruitcake

shaf119 said:

Half_way said:

ten pounds?

you must get in touch with the management company and tell them that they must call off the unregulated parking company.
you must also tell them that you have only been displaying a permit as a courtesy and not an obligation, a courtesy of which you are now minded to withdraw from.

On what basis? I don't know if my landlord owns that parking space or not, or have I missed something? what are my next steps please? thank you all

Please answer all the questions you have been asked so we have a better idea of the circumstances.