1st time appealing | Resident permit + Link Parking

cherryLinguine_

Hello all

As the title says, I'm currently weighing up the effort involved in fighting a parking ticket issued by Link Parking whilst parked in my own allocated residental parking spot in the block of flats where I currently live.

For context: I rent the flat, I am allocated a permit for a specific parking bay, and my landlord lives overseas. The 'fine' was issued 13th August, it was appealed on the 14th August, and rejected on the 18th of August. A few days ago I received a 'Reminder Notice' on the 20th September instructing to pay within 28 days, or else the case will be pased to a Debt Recover Agent (and it will rise to £160).

Backstory: The flimsy paper permit issued by Link Parking would often nearly blow out the window in summer so we got in the habit of tucking it into the sun visor while driving. My girlfriend, who also drives the car, forgot to replace it one day. This was, of course, the day that the inspectors came to check for permits. As a result, we got a nice £100 fine, reduced to £60 if paid within a set time.

I was away at the time, and my partner's first reaction was to appeal it saying that it had simply slipped off the dash and out of view, on the assumption that they would be lenient given that we had not been long living there. This was of course rejected a few days later with a simply copy paste letter that didn't reference any of the specifics of her appeal.

After spending some time reading through the forum is seems like this is completely typical behaviour from these scammers.

Our first action was to ask around on the local neighbours facebook page, which led to a few people stating that they had also had similar issues with Link Parking and that other residents had successfully fought (and won) cases against them. Useful advice included tips on getting hold of a copy of the landlord's leaseholder agreement (which they assured me should stipulate no precondition for displaying a permit in order to use the parking space) as well as general support and even links to their own success stories - such as this from earlier in the summer https://forums.moneysavingexpert.com/discussion/6218726/pcn-while-in-gfs-allocated-parking-bay-permit-slipped-off-dashboard

I therefore decided to not pursue the 'independent' appeal service, as all indications on the forum seem to be that it is b****cks and a waste of time. Instead I set about trying to get proof that I have the right to use the parking space as my neighbours have done in their cases, on the understanding that my own landlord's lease should be no different from theirs.

So far so good!

However, I am now starting to wonder if it is all worth it. As stated, my landlord lives overseas and is allegedly unable to provide me a copy of the leaseholder contract because the documents are in storage somewhere here in the UK. I have tried to get hold of the documentation via the land registry (first paying £3 to get the title register, then using the title number to complete an OC2 form) but this has proven not to be straightforward at all because (i) neither of my banks provide a cheque book in order to pay the £7 per document copy, and (ii) it is not actually at all clear to me what 'documents'/items/entities from the title register I am supposed to reference on the OC2 form.

Combine this with the fact that this is starting to take up a lot of my time worrying in the evenings and not being particularly productive in my efforts to fix things (I appreciate all of the advice on the newbies page, but there are a lot of acronyms and the legalese is not my first language), I'm now wondering if I'd be better off paying the 100 quid and accept that the £17 and several hours of my own time I have already expended on getting to this point with the land registry is gone and not coming back..

Please help - I would be incredibly grateful if I could have help with the following questions, and any advice in general on my situation would also be v welcome.

1. I need to obtain a copy of my landlord's lease which proves that I have the right to use the parking space without displaying a permit (I am 99% certain it should be the exact same contract as that in zimbo_ouen's case linked above). I cannot share pictures/links as I'm a new member but essentially under section 7 'nature of document' I have requested the following which I have copied verbatim from the title register:
   
   (A.4) The title includes any legal easements referred to in clause LR11.1 of the registered lease but is subject to any rights that are granted or reserved by the lease and affect the registered land.
   
   (C.1) A Transfer of the freehold estate in the land in this title and other land dated XX XXX XXXX made between (1) XXXXXX Properties Limited and (2) XXXXX and XXXXX Properties Limited contains restrictive covenants.
   
   Have I completed the OC2 form correctly? It's not clear to me whether I have requested the right info/docs, whether they will arrive in time, or whether the land registry even has copies of these things just because they are listed in the title register!
   
   
2. I rent through a lettings agency, is there any chance that they will have a copy of the leaseholder agreement if I cannot get it through the land registry? (and if so, is there any chance they will let me have a copy?)
   
   
3. Is there any point contesting the fine without a copy of the lease? Currently the only 'evidence' I have is a pretty shoddy .jpeg diagram from the property mgmt company showing which bays are allocated to each flat with no real detail.
   
   
4. My girlfriend is named as driving the car when the fine was issued, and she also appealled it initially. As a result she is on all the correspondances from Link Parking. Will they deal with me or do all comms have to go through her? Will she have to go to court or can I in her place?
   
   
5. What is the significance of the most recent 'Reminder Notice' I have received? At what point do I need to reply to the letters? Is there a flow chart of actions or is it impractical to make one because there is a different process for each parking operator?
   

Like I say, any and all help appreciated

Cheers

Coupon-mad

The simple answer is she can just ignore them entirely, unless they try a court claim. If that happens she must defend (it is not your case now she's outed herself as the driver). 

Never mind the Head Lease. Keep a copy of your Tenancy Agreement and any advert or emails that stated the flat comes with parking.  Keep those for six years even if you move out.

Sit tight.  No paying, no panicking and no losing sleep. It's a scam.  You don't pay scams for a quiet life, and those who do pay PPCs fund not only the next PCNs against more people, but those people actually paid for the Judicial Reviews that STOPPED THE LONG OVERDUE LAW CHANGE THIS YEAR.

Don't join those victims. Those hapless people whose money actually paid for the Judicial Reviews to stop the law changes and new regulation, all because they wanted a quiet life.

If your gf moves home, she must email Link to ensure they have her current address because the only thing she needs to be sure about is not missing a court claim.

cherryLinguine_

Thanks Coupon-mad.

I have just looked through the tenancy agreement and it does not mention the use of an allocated parking space (although it does on the archived rightmove property listing, which I have made a copy of).

Will it be harder to fight the parking ticket without a contract document (either a tenancy agreement or the head lease)?

I understand that paying these people only pushes makes the situation worse for everyone, I'm just trying to think through our options i.e. I don't want to be in the 1% of people who do fight a parking ticket and fail to win.

Fruitcake

Having a copy of the lease or AST or property rental agreement will help, but not having it shouldn't hinder a defence. Either the PPC won't have a copy, or they won't want to show it as evidence.
If you have just looked through her agreement, then surely you can get a copy.

It will have primacy of contract over anything an unregulated private parking company says. If there is no mention of a PPC, PCNs, paying PCNs, or court in the rental agreement then they have no right to demand money.

If your GF has a copy, then she will produce it at the evidence stage if a claim is issued against her. If she doesn't have a copy, then she puts the claimant to strict proof they have a right in accordance with her rental agreement to issue charges in their own name.

Coupon-mad

Even if you did lose (very rare) the D just pays about £200 instead of £100. No huge costs and no CCJ, as the NEWBIES thread second post explains.

A tenancy agreement that is silent about any permit obligation, plus the original flat letting advert that confirms the flat comes with parking, is about as strong as most tenancy defences get.

Sit tight, honestly, there is no risk as long as she remembers to tell Link by email if & when she moves home within the six years anyone has to file a claim.  Always tell a PPC to erase any old address from their database. That is the only danger point.

cherryLinguine_

Hi both - can confirm that the Land Registry pulled through with what appears to be a complete copy of the head lease! References quiet enjoyment of the property, zero mention of any permits in the section on parking, and crucially a very clear map of the property indicating the location of the flat and the locaiton of the allocated parking bay.

I feel a lot better about challenging Link Parking now we have this and will be sitting tight and not responding to any of their 'debt reminder notices'.

Just to confirm then, there is nothing to say to Link until the point when (or 'if') they escalate their threats? Will that be in the form of a court summons?

The newbies resources seem really clear on what's needed once the wheels are in motion but I'm just not sure is going to happen between now and then (and how I will know that the 'then' point has arrived)

Cheers both

Le_Kirk

It won't be a summons, it is not a criminal case.  You will/should receive a letter of/before claim and then a N1 claim form from CCBC.

Coupon-mad

You need to respond with your evidence at LBC stage, to narrow the issues and look reasonable.