PCN – - Rental Car - No Permit – Residential Parking Lot

tr_dork

Good Afternoon,

Apologies in advance for a longish post.

I've received a PCN in connection with a hire car that
was parked in a residential parking lot adjacent to a block of flats,
one of which I rent and reside in.

I have lived here for about 6 years now, spanning 6 rental agreements, and none of them make any reference to parking. When I first moved in, there was a different parking
company and no requirement to display permits. Subsequently,
the current company got involved, there was change in signage (linked below),
and a requirement to display permits came into effect. They,
through Firstport (who manage the facilities), contacted residents and instructed that each flat was entitled to a resident permit and a guest permit. I received a resident permit, but did not receive a guest permit.

Recently, circumstances meant an additional car had to be hired for a short
period. As soon as the registration of the hired vehicle was known, both
Firstport and the lettings agent were informed via email, so they could
inform the parking company to add the reg to the whitelist. An out of office
auto reply from the Firstport representative was received, containing a
different email to contact - which was then contacted. No reply was
received from the lettings agent.

4 (working) days later, a windscreen PCN was issued for "not displaying a valid permit."

Both the lettings agent and Firstport have declined to get involved and
have instructed to follow the appeals process.

I would be grateful for some guidance on if I have any concrete grounds for appeal.

Many thanks in advance for your time.

Coupon-mad

You don't appeal to Link Parking. You ignore them and will never have to pay.

It's not a fine - it is a rogue, unregulated industry - and there is no appeal. Firstport have a terrible reputation about inflicting dodgy parking firms on residents. Were you aware?

This is an awful circumstance to live in. You residents do not need any permit scheme. Horrific to live under this threat.

Ignore Link and the laughable £170 threatograms and tell them when you move, which I reckon you will because no car driver should live in a Firstport estate with a scum parking scheme plainly designed to catch out residents to make Link some money.

Link aren't paid. They only make money by catching out the captive audience of residents & visitors.

Before you move out - as I'm sure you will because you can't live like this in a 'parking scam' place - download and keep a copy of all your AST agreements because if Link ever try a small claim, you'll need to use those as evidence of pre-existing rights.

Read post 4 (the one with pictures) then read post 2 of the NEWBIES thread, for what to ignore and when to respond. Read them in that order.

See my signature because we will not link that thread (no need)…look at the words below VVV

tr_dork

Many thanks for your reply, coupon mad.

I'm quite aware of Firstport's reputation, and the fact that their presence scuppers the sale of many apartments. However, as a tenant here, I have no say in either the management agency or the private parking contractor they choose to appoint.

What I'm apprehensive will be a confounding factor in this particular is the fact that none of the 6 AST's I've signed so far in the 6 years I've been here have made any mention to parking. If that indeed makes the parking lot a free-for-all communal area with no primacy of contract but for the signs (which appear to cover all bases), going by the parking prankster's posts that does appear to somewhat limit the grounds on which an appeal / court defence may succeed.

Coupon-mad

But Link aren't very litigious and if the MHCLG have been properly listening to me and the others on the good side on the Government Steering Group, they'll be banning the double recovery £70 add-on this year & calling it out.

So we aren't talking about a rising costs risk. Not a valid one.

And there's no CCJ risk as long as you open all letters and defend if a rare claim arrives. We almost never hear about Link cases.

So you may as well ignore them but tell them if you move. See out the £170 threatograms seen in post 4 of the NEWBIES thread.

More than one relative of mine has ignored similar residential PCNs including solicitor letters. No claims.

Le_Kirk

You write that you are a tenant and are on ASTs but you must have a landlord/lady and they will probably have a lease if they are leaseholders or freeholders. Any chance of getting sight of that?

tr_dork

https://forums.moneysavingexpert.com/discussion/comment/82019916#Comment_82019916

The estate agents are predictably useless, but I will try asking them if I can have a look at the lease. I also wonder if an easier way is to just get it from the land registry?

Le_Kirk

Land Registry is a good idea and I think it is about £7 or £9 now.

Car1980

You need to get a copy of the lease.

Ask your landlord, or find another owner-occupier in the same development.

Stick a notice in the lift, or engage with a WhatsApp group if there is one.

You'd be amazed how 500 people will just go along with parking parasites because not a single person has thought to look up in the lease to discover whether Link can legally operate or not.

What I'm apprehensive will be a confounding factor in this particular is the fact that none of the 6 AST's I've signed so far in the 6 years I've been here have made any mention to parking. 

Again, you'd be amazed how many landlords just print off a generic internet lease agreement that doesn't mention a plethora of things, or just get the letting agent to supply their generic version.