Author Topic: Link Parking PCN – No Permit – Residential Parking Lot - Rental Car  (Read 10 times)

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Good Afternoon,


Apologies in advance for a longish post.

  • I've received a PCN (linked below) 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, there was a different parking management company and no requirement to display permits. Subsequently, Link parking got involved, there was change in signage (linked below), and a requirement to display permits came into effect. Link Parking, through Firstport, 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 Link parking 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 PCN was issued by Link Parking 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, and I would be grateful for some guidance on if I have any additional grounds for appeal.

Many thanks in advance for your time.


PCN



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What does the car hire agreement say about parking charges?


If the PCN you posted is a Notice to Driver, posted on the car, then wait for a Notice to Hirer in the post in due course.
Your hire car company will receive a Notice to Keeper, to which they should respond by providing your details. They may mess this up, or they may charge for this.
When or if you receive a Notice to Hirer in your own name, you can respond. It is highly likely that it will not comply with the legislation required to transfer liability, because it is likely it will not be accompanied by the documents required to do so.
Quote
(a)a statement signed by or on behalf of the vehicle-hire firm to the effect that at the material time the vehicle was hired to a named person under a hire agreement;

(b)a copy of the hire agreement; and

(c)a copy of a statement of liability signed by the hirer under that hire agreement.

See
An Act to provide for the destruction, retention, use and other regulation of certain evidential material; to impose consent and other requirements in relation to certain processing of biometric in...
legislation.gov.uk

In the likely absence of such documentation, and if the driver is not identified, you as the hirer can not be held liable for the actions of the unknown driver.

Also, unless your rental agreement was changed with your knowledge and agreement, it’s unlikely that you have a requirement to display a “permit” for parking in your allocated parking space or in the communal parking lot. The devil is in the detail, as always.