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

Coupon-mad

If you have appealed to the PPC then you next appeal to the IAS even though it is considered a kangaroo court (search the forum for kangaroo, this has been discussed every day for years).

shaf119

Fruitcake said:

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

1. 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.

2. 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.

3. 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.

4. 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?

5. The NTK says a ticket was affixed to the windscreen. Does you 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?

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

7. Have you complained to your MP yet?

8. 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.

1. The permit is square and wouldn't fit in one of those old tax disc holders, and I was only issued the single permit by my landlord

2. The only thing in my tenancy agreement is this:
'8.1 Additional clause(s):

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

Nothing else

3. The only mention of anything related to parking in point 2

4. I did not, I only found out about this after receiving the letter in post (I have email trail for this)

5. Although it says that it was attached to the windscreen, I was able to see the pictures through their website and the ticket was attached to the seat

6. I haven't complained to the landowner or housing management, I didn't think they had anything to do with this

7. Same as no. 6  - what do I tell them?

8. I appealed as the keeper, Im not sure what you mean to appeal as driver for own space case.

Thanks you all again

Half_way

point 6:
The management company, or whoever allowed the so called parking company to operate there has everything to do with it

shaf119

Half_way said:

point 6:
The management company, or whoever allowed the so called parking company to operate there has everything to do with it

At this stage I don't know who the land owner is for the building overall. I do know who management company is that manages the building. 
Should I request the building management to ask Link Parking to cancel the ticket or do I request the land owner details?
I don't think that Link Parking has a contract with the building management as they only took over in the last couple of years and Link Parking was operating there well before they came in.

Le_Kirk

shaf119 said:

6. I haven't complained to the landowner or housing management, I didn't think they had anything to do with this

7. Same as no. 6  - what do I tell them?

8. I appealed as the keeper, I'm not sure what you mean to appeal as driver for own space case.

We say that it is better to defend an "own space case" as driver because you are a first party witness and your account would be more credible.  You should complain to landowner via the management company.  With whom is your contract/lease?  Surely that would lead you to landowner (unless it is an absentee landlord).  You ask the management company WHEN (not if) the consultation regarding variation of lease took place and what was the outcome of the vote.

Trainerman

shaf119 said

2. The only thing in my tenancy agreement is this:
'8.1 Additional clause(s):

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

Nothing else

I know it is a bit 'thin', but my reading of this is that the space is included in your tenancy. Defending on an 'own space'' basis is surely the way to go, as advised above

holderness

''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.”

Is it not as simple as asking the managing company for said permission on the proviso they backdate it to a date prior to the PCN? make sure its in writing, eg an email, ask your landlord to do it for you if you cannot, it is in his interests to keep his tenants happy 

shaf119

Le_Kirk said:

shaf119 said:

6. I haven't complained to the landowner or housing management, I didn't think they had anything to do with this

7. Same as no. 6  - what do I tell them?

8. I appealed as the keeper, I'm not sure what you mean to appeal as driver for own space case.

We say that it is better to defend an "own space case" as driver because you are a first party witness and your account would be more credible.  You should complain to landowner via the management company.  With whom is your contract/lease?  Surely that would lead you to landowner (unless it is an absentee landlord).  You ask the management company WHEN (not if) the consultation regarding variation of lease took place and what was the outcome of the vote.

I live in a block of flats where there is underground parking. My lease is with the flat owner, however, the landlord who employs a management company to manage the building is different.
I recently got in contact with my landlord through my lettings company as to find out if they have ownership of the parking space and they came back with the following:

' the landlord has confirmed that the parking bay allocated to the flat is indeed A44 and a permit must be shown on the vehicle to avoid any PCN. As you mention the bike did not have a permit, this is why you most likely received a parking ticket. You will need to take this up with the parking company direct.'

Is my process to go through IAS now? What grounds of appeal do I make? Naturally I'll complain to the building management to speak to the landlord to get the fine cancelled

The_Slithy_Tove

shaf119 said:

' the landlord has confirmed that the parking bay allocated to the flat is indeed A44 and a permit must be shown on the vehicle to avoid any PCN.

I bet you any amount of money that the landlord's lease doesn't say anything about permits and PCNs. They're making that bit up.

Forget the IAS. You'll lose. You need to go heavy with the management company.

Jenni_D

Actually the suggestion is still to do an IAS appeal (even though you're 96% guaranteed to fail) just so that you can show that you engaged with the available process if this ever got to a court claim. (Some judges have alluded to this matter in court hearings, querying why a defendant didn't do so as it may have prevented court action being needed - Yes, we know it's nonsense, especially with the IAS, but many judges are naïve about this).