IMPORTANT: Please make sure your posts do not contain any personally identifiable information (both your own and that of others). When uploading images, please take care that you have redacted all personal information including QR codes, number plates and reference numbers.
Query on next steps for PCN
Comments
-
Hi Umkomaas,
Good point, I did not think about that. I was thinking if I appealed with the IAS and still failed, it would just bring me be back to square one, didnt think that it would only strengthen their case further.
In that case, I guess I will wait for the management company to get back to me. And if they do not help me out, I'll have to deal with a possible court issue.
Though I have all the e-mails and time stamps, the only thing I do not have is confirmation from LinkParking saying I could park there in writing, as I only had that on the telephone. Will this not play against me in court if it got to that stage?
EDIT: I have just received an e-mail form the management company saying they are completely independent from the parking company and they can't do anything. Instead, they have just forwarded my e-mail back to the parking company which will be of no use. I have asked the management company who employs the parking company if they're claiming that they are independent.0 -
I have asked the management company who employs the parking company if they're claiming that they are independent.
Ask them if they are saying that Link are operating there without any authority in that case. That pushes them back into a corner.Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.Private Parking Firms - Killing the High Street0 -
This was the reply from-
'Good Afternoon
No one has the authority to cancel them except the Parking company they are totally independent and not part of the Site at all.
No one has any authority to cancel them except the parking company I'm afraid and as I said they are investigating and will get back to you.'
They're basically saying they won't do anything. So I'm going to have to wait for a reply.0 -
Please answer the question about whether your lease/AST mentions a permit scheme.
If it does, is there any mention that you must pay for a permit?
In addition, whether or not it mentions a permit, does it mention the right of an unregulated third party to issue a charge for £100.
Your lease/AST has primacy of contract and a third party cannot override your rights.I married my cousin. I had to...I don't have a sister.
All my screwdrivers are cordless."You're Safety Is My Primary Concern Dear" - Laks0 -
Please answer the question about whether your lease/AST mentions a permit scheme.
If it does, is there any mention that you must pay for a permit?
In addition, whether or not it mentions a permit, does it mention the right of an unregulated third party to issue a charge for £100.
Your lease/AST has primacy of contract and a third party cannot override your rights.
And whether or not the bay is mentioned in the lease.
Umkomaas is right re operating without authority. How did Link get on site in the first place and who agreed it.0 -
When you say your own bay. Do you own your property and, if so, is the space mentioned in the paperwork (I.e your lease). If you are renting is there anything in your tenancy agreement about it?
Definitely worth contacting the Management Company or Managing Agent. You need to find out who the contract with Link is with - and on what authority it was introduced. It may well be the ManCo or MA has the power to cancel
Good luck!Please answer the question about whether your lease/AST mentions a permit scheme.
If it does, is there any mention that you must pay for a permit?
In addition, whether or not it mentions a permit, does it mention the right of an unregulated third party to issue a charge for £100.
Your lease/AST has primacy of contract and a third party cannot override your rights.
Apologies, I missed this question earlier. I have gone through all the documents that were provided to me when the flat was purchased. There are only 2 mentions of parking within the documents that I can see.
1- Land Registry Document which has a small section under a subheading of Parking which says ' Not to use any car parking space for any purpose other than the parking of one private motor car or one private motor cycle which shall be in a roadworthy condition and shall exhibit a current road license'
2- Law Society Property Information form which says the property has 'One Parking Space' and for the question 'Is the property in a controlled parking zone or within a local authority scheme?' the Tickbox checked is for 'Unknown'.
So both documents aren't clear on which bay to park in (even though I was parked in my own) and neither document mentions any parking scheme or requirements of permit to park. The only mention of requiring a permit is on the signposts on the site, the e-mail that confirmed this when I asked about it and a notice in the hallway for all residents.And whether or not the bay is mentioned in the lease.
Umkomaas is right re operating without authority. How did Link get on site in the first place and who agreed it.
With regards to who gave them authority, the only response I have from them is-
Good Morning
There are no visitor parking spaces and you will need a permit for your own space. You will need to call the parking company for a permit, their numbers are on the signs all around the site.
Regards
When I queried the initial requirement for a permit
and
Good Morning
The parking company is totally independent and absolutely nothing to do
with us at all.
I have however forwarded your complaint directly to them and requested a
formal response back relating to this.
I will let you know the outcome when received.
Regards
When I queried cancelling the tickets via the management company
and finally
Good Afternoon
No one has the authority to cancel them except the Parking company they are totally independent and not part of the Site at all.
No one has any authority to cancel them except the parking company I'm afraid and as I said they are investigating and will get back to you.
Regards
When I asked for who actually employed LinkParking.
EDIT: I also want to add that I have now received 2 letters from them for each individual ticket saying they have increased the fine to £100 per ticket because I didn't appeal or respond to their original PCN. This is completely false as I appealed both PCNs and I have proof of this in my e-mail.0 -
You need to see the contract between the PPC and the Landowner.
Ask them foe a copy "in order that I may consider your invoice". They cannot just rock up and start charging you without authority from someone, if the MA are in the dark who gave it to them? Keep writing the letters. The more the prevaricate the worse I would look to a judge.
rtYou never know how far you can go until you go too far.0 -
So, there is no mention of a permit scheme in the lease/AST. Therefore there is no requirement to buy or display a permit, and an unregulated third party cannot charge you for using your own demised space.
If the Management Co have no control over the PPC, then who contracted them? If it was not the MC, and not the landowner, then they are acting unlawfully and possibly illegally.
You need to be more forceful with the MC and challenge them on these points.
With whom does the PPC have a contract, because it is not with you? Your lease is silent on this and therefore the PPC cannot levy a charge against you.
You could ask the scammers direct. With whom do you have a parking contract? Don't ask for a copy in this instance because you won't get it. You just want to know who brought them in, then you can have a pop at whover that is.
Ask for sight of the contract once you know who the other party is.I married my cousin. I had to...I don't have a sister.All my screwdrivers are cordless."You're Safety Is My Primary Concern Dear" - Laks0 -
You need to see the contract between the PPC and the Landowner.
Ask them foe a copy "in order that I may consider your invoice". They cannot just rock up and start charging you without authority from someone, if the MA are in the dark who gave it to them? Keep writing the letters. The more the prevaricate the worse I would look to a judge.
rtSo, there is no mention of a permit scheme in the lease/AST. Therefore there is no requirement to buy or display a permit, and an unregulated third party cannot charge you for using your own demised space.
If the Management Co have no control over the PPC, then who contracted them? If it was not the MC, and not the landowner, then they are acting unlawfully and possibly illegally.
You need to be more forceful with the MC and challenge them on these points.
With whom does the PPC have a contract, because it is not with you? Your lease is silent on this and therefore the PPC cannot levy a charge against you.
You could ask the scammers direct. With whom do you have a parking contract? Don't ask for a copy in this instance because you won't get it. You just want to know who brought them in, then you can have a pop at whover that is.
Yes, that's what it seems like, there's no mention of requiring a permit.
Thank you both, I will wait for the management company to get back to me first, if they do not prove to be helpful, I will question them on their agreement with Link. I will also ask the same of LinkPark and address the letter as 'In order to consider your invoice' as you have suggested.
There is definitely something dodgy going on here as they keep increasing the fines unlawfully. I will come back with an update, hopefully something positive!0 -
As an afterthought. Do you know who owns the car park? Might be worth finding out as I think we have had one or two threads where the car park ownership was different to the property freehold ownership.0
This discussion has been closed.
Categories
- All Categories
- 343.1K Banking & Borrowing
- 250.1K Reduce Debt & Boost Income
- 449.7K Spending & Discounts
- 235.2K Work, Benefits & Business
- 607.9K Mortgages, Homes & Bills
- 173K Life & Family
- 247.8K Travel & Transport
- 1.5M Hobbies & Leisure
- 15.9K Discuss & Feedback
- 15.1K Coronavirus Support Boards