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

Fruitcake

Ask him to send you a paper copy.

What a lease doesn't say is just as important, and in some cases more important than what it does say.

If there is no mention of a PPC, PCNs, paying a PPC, or court in your property rental agreements, then there can be no contract between a resident and the PPC that requires the latter to pay.

Coupon-mad

Try the LAS like this poster did:

https://forums.moneysavingexpert.com/discussion/6307797/success-pcn-cancelled-private-residential-parking

And get your MP involved.

shaf119

Fruitcake said:

Ask him to send you a paper copy.

What a lease doesn't say is just as important, and in some cases more important than what it does say.

If there is no mention of a PPC, PCNs, paying a PPC, or court in your property rental agreements, then there can be no contract between a resident and the PPC that requires the latter to pay.

I have just had a response from the IAS and need to make a reply.

Initially this was my appeal

'2 Vehicles were parked within my bay. My car and motorcycle.
My motorcycle received a PCN as it did not have a permit, although my car did have a permit displayed at the time within that bay.
I emailed the estate manager who got in contact with Link Parking LTD and was advised the following by Link Parking via email- ''if a motorbike wishes to park in a 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 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.''
There is email evidence for this if required.
Link Parking LTD admits themselves that a normal permit cannot be displayed on a motorcycle. It is impossible to know and further more nowhere in their 'contract' does it state that motorcyclists need to notify them with the registration for an electronic permit.

I have an unfettered right to use the parking space as granted by my lease and an unregulated parking company that was not a party to my lease cannot take away that right.

No ballot of landlords and tenants was carried out in accordance with part IV , section 37 of the Landlord and Tenant Act 1987 , therefore there has been no lawful variation of my lease, therefore no contract between me and Link Parking LTD was ever formed, nor has such an alleged contract breached irrespective of what signage has been erected.
They do not have the right to issue charges or court claims against me for parking in my demised space .

Link parking is not the land owner and has no standing to issue charges in their own name.'

This was the response they gave

The operator made their Prima Facie Case on 01/11/2021 11:09:18.

'The Operator Reported That...

The appellant was the driver.
The appellant was the keeper.
The operator is seeking keeper liability in accordance with PoFA..
The Notice to Keeper (Non-ANPR) was sent on 29/09/2021.
A manual ticket was placed on the vehicle.
The ticket was issued on 30/08/2021.
The charge is based in Contract.

The Operator Made The Following Comments...

The appellant parked their vehicle on land we manage and incurred a charge as they were not displaying a valid permit. Our signs clearly advertise the terms of parking and the charges which apply if they are not met.'


I can either submit a response or refer the case straight to arbitration 

Fruitcake

Arbitration? What do you mean by that? Do you mean an IAS appeal? If so, then yes you should do that as long as it is the free version, not the legally binding version where you have to pay £15.

After a (free) IAS appeal which is not binding on the motorist, there is no further stage until court.

D_P_Dance

As they have not addressed your primacy of contract I would let them take you to court where they are likely to struggle imo.  Read about unreasonable behaviour CPR27.14(2)(g).

shaf119

Fruitcake said:

Arbitration? What do you mean by that? Do you mean an IAS appeal? If so, then yes you should do that as long as it is not the free version, not the legally binding version where you have to pay £15.

After a (free) IAS appeal which is not binding on the motorist, there is no further stage until court.

The only way I was able to appeal was through paying the £15 fee as they deemed it a non standard appeal. there was no other option. Have I backed myself into a corner?

Le_Kirk

Do not pay the £15 fee.  If your discussions have come to a deadlock you have gone as far as you can using reasonable argument and the fact that they cannot override the terms of your lease.  They have ignored everything you put in your appeal.  This, in my opinion, will win when it gets to court and you appear to have done everything you can to "narrow the issues" so it will look good to the judge.

shaf119

Le_Kirk said:

Do not pay the £15 fee.  If your discussions have come to a deadlock you have gone as far as you can using reasonable argument and the fact that they cannot override the terms of your lease.  They have ignored everything you put in your appeal.  This, in my opinion, will win when it gets to court and you appear to have done everything you can to "narrow the issues" so it will look good to the judge.

I had to pay the £15 fee before I was even able to appeal. What does this mean for me now?

Le_Kirk

Fruitcake said:

Arbitration? What do you mean by that? Do you mean an IAS appeal? If so, then yes you should do that as long as it is not the free version, not the legally binding version where you have to pay £15.

After a (free) IAS appeal which is not binding on the motorist, there is no further stage until court.

Did you mean: -

If so, then yes you should do that as long as it is not the free version, not the legally binding version where you have to pay £15.

KeithP

shaf119 said:

Le_Kirk said:

Do not pay the £15 fee.  If your discussions have come to a deadlock you have gone as far as you can using reasonable argument and the fact that they cannot override the terms of your lease.  They have ignored everything you put in your appeal.  This, in my opinion, will win when it gets to court and you appear to have done everything you can to "narrow the issues" so it will look good to the judge.

I had to pay the £15 fee before I was even able to appeal. What does this mean for me now?

It means you are legally bound by the decision of the IAS.

Clearly that decision will not be in your favour - why would it be, their member's club will look after their member.

Sorry, that was a big big mistake going for that.