Advice for Parking Tickets issued for Parking in own Bay

Clipse

Found out that the guy that had his car clamped has moved out. So don't think I will ever get him to join my campaign. I have 1 leaseholder that is willing to join the cause because he had some issues but everybody else seems to be renting so they don't believe they can add much value. For example my neighbour is renting and had 2 tickets for his car in his designated bay because his permit wasn't clearly displayed but he just paid for it and got on with life.

Anyway been drafting an email to send to the PPC and copy in the MA below. Anything else to add/mention?

I will also call the MA to follow up.

Link Parking,

I had no idea that you are managing the land I owned and only displayed a permit as a courtesty to communicate to other residents that this my bay. However as land owner, every time you set foot in my bay you are trespassing onto my property. Also I have been a resident since 2017 when the plot was built before the introduction of Link Parking and I there was never any consultation with the residents or leaseholders to contract  an external Private Parking Company to operate within the area. Therefore you must cease and decist as you do not have the authority to operate on my land and I forbid your operatives from setting foot in my bay.

Remus, (MA)

You have caused an unlawful and derogation from grant (Derogation from grant and breach of L&T Act 1987) and must immediately order Link Parking to cancel any charges and stop stepping foot on my bay which is privately owned. Any permit scheme does not lawfully apply since there was never any consultation with the leaseholders to contract an external Private Parking Company to operate within the area. Therefore as Managing Agent, you/the freeholder may not impose (or allow an agent to impose) 'parking charges' not covered within the leases without proper consensus. Due to your significant oversight you must cease and desist with the parking enforcement.

As per Section 37 of the Landlord and Tenant Act 1987, in order to establish a right to impose unilateral terms which vary the terms of the lease, you must have such variation approved by at least 75% of the leaseholders with no more than 10% objecting, or in the case of nine or less leaseholders, all but one must agree.

A variation to the lease was never sought and therefore I have never agreed for my bay to be part of this scheme.

I therefore object to the current parking management operating in the development and unequivocally reject the unsolicited permits foisted upon residents. I will not be bound by any terms unlawfully imposed upon me.

Coupon-mad

Found out that the guy that had his car clamped has moved out. 

Don't blame him.  The scheme will drive people out and bring down property prices.  It is that damaging.  But he was an idiot, if he ignored a court claim because that's the only way to get clamped (by bailiffs).  Anything else on private land is illegal these days.

decist = desist.

You need to end both those complaints telling them to cancel the parking charge notice and to confirm your bay is removed from their unlawful 'enforcement' going forward, and that you WILL NOT be displaying a poxy permit.  Tell the MA that Link are notorious ex-clampers who have no place anywhere near cars in your bay and it is appalling that they have been allowed to infest the site and cause misery to residents, on a whim of the Managing Agents, who will end up being named as defendant in court claims if they continue to cause this detriment to leaseholders.

Le_Kirk

Also I have been a resident since 2017 when the plot was built before the introduction of Link Parking and I there was never any consultation 

Sure you didn't mean this, was there a word missing or added in error?

You have caused an unlawful and derogation from grant (Derogation from grant and breach of L&T Act 1987) and must immediately

See above.

Clipse

Thanks @Le_Kirk and @Coupon-mad for the spell check. 

Response back received. Haven't been able to get hold of the MA person for my area but will try in the AM again. 

We will remove your bay from being monitored however should anyone park in it we will not be able to assist you however any charges issued previously are valid and overdue for payment.

As previously stated you at no time up until the point you received a charge did  question our authority to patrol your bay. In addition you purchased a permit from us recently, if you thought we were acting unlawfully in stating a permit must be displayed surely you would not have recently purchased one.

We note you are copying various paragraphs from parking forums in your comments to Remus as they we are ones we see on a regular basis. They are sent in an attempt to intimidate the agents into requesting a charge is cancelled. 

Your claim that Link Parking are 'notorious clampers' is completely false, we were incorporated after clamping became illegal and we have not fixed a clamp to any vehicle, in addition the owners have at no time be associated with any former clamping company.

Yours Sincerely

Link Parking Ltd

Coupon-mad

Reply and state you purchased a permit because - like a lot of victims of parking firm greed at residential sites - you thought you had no choice and didn't realise that in fact Remus and Link were causing a derogation from grant and walking all over your lease rights. 

Tell them to put up or shut up (court claim or cancel) and not proceed as per usual by  sending template intimidating letters and adding false debt recovery 'fees' that the Government has banned.  Link had no reasonable cause to have your data in the first place and must cancel the parking charges and delete your data.

Finish by adding (if you have the same sense of humour as I do) that MoneySavingExpert regular parking forum posters say "hi" and strongly suggest they cancel this one.  No wonder they and their ilk don't like forums, with the success we have, but that is not a reason to be rude to a resident for using MSE expertise.

Finally, for the avoidance of doubt, any employee of Link (including contractors or self ticketers) are forbidden from parking in that bay, which will be evidence of a course of conduct of trespass and harassment, should it occur.  No setting foot in that bay and no parking in it.

Half_way

Who sold the permit, or told you you need to buy one?
If it was Remus you must ask for a refund of this permit.
 Even it they say no it could be helpful as by  demanding a refund it will show your position  as not accepting that a third party can charge you for using your property

Le_Kirk

Clipse said:

We note you are copying various paragraphs from parking forums in your comments to Remus as they we are ones we see on a regular basis. They are sent in an attempt to intimidate the agents into requesting a charge is cancelled. 

Well, that's ironic isn't it judging by the number and style of letters we see from PPCs trying to intimidate!

D_P_Dance

Have you read these?

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

http://parking-prankster.blogspot.com/2016/11/residential-parking.html

https://forums.landlordzone.co.uk/forum/residential-letting-questions/1053920-private-parking-companies

Have you compained to your MP?

Clipse

@Half_way The original permit was issued by Remus via Link Parking and now it was Link Parking that requested I buy a permit because they were continuing to ticket my car everyday. So I thought I had to stop it as a minimum and also thought I could get them to cancel the tickets via appeal because I am parking within my own bay and displaying a permit they provided to me. I also was not aware of my rights or I would have never purchased the permit.

@D_P_Dance Yes, these links were actually the first thing I read before I joined the forum and I was thinking about writing to the local MP because I have read that they have helped with a few cases.

@Coupon-mad I have responded back and I'm sure they will have something to say.

Clipse

response received:

Dear Sir,

We will not give into threats from you.

Your claim that we had a vehicle clamped is complete fabrication and please provide evidence of this. Vehicles can only be clamped by the police, the DVLA, enforcement officers or the local authority.

Nobody is targeted and the vast majority of residents comply to the very simply terms of parking

Debt fees are not false and they are not banned. You are referring to new legislation which does not come into force until 2024.

We strongly suggest you research the facts of the matter prior to making such claims.

We have previously given you our position on this matter and see no benefit in you sending numerous emails containing false and untrue claims which we see on a regular basis as they are available on the internet or used by various companies who for a fee claim that they will get a charge dropped.  

Yours Sincerely

Link Parking Ltd