This type of ticketing has never been legally supported and there is plenty of case law around to support the view that the lease has primacy of contract, and that this cannot be unilaterally overridden. So if your lease allows you to park without conditions, then a parking company cannot require you to display a permit to park.
There is now a persuasive judgment regarding Overstone Park in Cardiff. DDJ Metcalf has a number of pertinent comments in his judgment of the case of Link Parking v Parkinson, including this one
This parking space does not fall within the common parts of the property; it is the property of Mrs Parkinson, and on that basis I cannot see how the management company can interfere with her enjoyment of it, or charge her for its usage via a parking penalty or otherwise. It seems to me that to do so would have required a variation of the original lease and I have not seen such a variation.His full judgment, courtesy of Ms Parkinson, is available on the Prankster's web site.
This is a persuasive judgment supporting the view that all tickets issued by Link to residents parking in their own spaces are not valid.
Getting your money back
If you have been issued a parking charge, and Link got your data from the DVLA, then it is likely they committed a data protection breach by obtaining keeper data for land where they had no rights to issue tickets. The case of VCS v Phillip establishes that £250 is an amount which court will award. This is a minimum. Courts have awarded up to £750.
If you have paid a parking charge then you can attempt to get your money back from Link.
If you have been taken to court and lost because you did not use the right legal arguments, then it might be too late to appeal the judgment - you usually only have 21 days, and you might not be able to introduce new arguments anyway - the appeal will normally only be allowed on points raised in the initial hearing. However, the data protection breach still applies, so you may be able to 'balance the books' by claiming for the data protection breach. If you are still in time, and raised the point that you were a resident then you may be able to appeal.
With all of these issues you should follow the correct legal procedures. First issue a letter before claim, and then if there is no reply, or you cannot come to an agreement, follow up with an actual claim.
If the amount is large, or if you do not fully understand this, you should get legal advice on the course of action to take.
It is important to note that this only applies to parking in your own space. Different arguments apply to similar situations and you may not be able to claim for all of these .This includes;
- Parking with permission in someone else's space
- Parking without permission in someone else's space
- Parking in communal areas
- Parking in visitor spaces
These charges may or may not be valid, and would need an examination of the all facts.
Sample letter before claim for parking in your own space
Dear Link Parking
Letter Before Claim
In 2016 you issued me with a number of parking charges for parking in my own space without displaying a ticket.
My existing lease gave me full permission to park, and you had no rights to unilaterally override that. There is a large body of case law which establishes this. In Saeed v Plustrade Ltd  EWCA Civ 2011 it was found the managing agent could not reduce the amount of parking spaces available to residents. There are a number of persuasive judgments in the lower courts. In Jopson v Homeguard  B9GF0A9E, on appeal it was found that the parking company could not override the tenant's right to temporarily stop near the building entrance for loading/unloading. In Pace v Mr N  C6GF14F0  it was found that the parking company could not override the tenant's right to park by requiring a permit to park. In Pace v Mr N  C7GF51J1, PACE came back again, this time claiming that clause 6.3 of the lease allowed the terms of the lease to be varied. The judge rules that this clause required a month's notice to be given, and as this had not occurred, the point was moot. The claim, and 7 others relying on this, were dismissed.
Of particular interest is Link Parking v Ms Parkinson C7GF50J7 , which concerns this building, Overstone Court. The judge examined the lease and found that the parking company could not override the tenant's right to park by requiring a permit to park.
You obtained my personal details from the DVLA for the purpose of pursuing a parking charge, However, there was never any possibility this charge could be valid. Only I have the right to enforce parking regulations on my own space.
My name and address information (together with other information) is classified as personal data within the meaning of s1(1) of the Data Protections Act (DPA). As there is no possibility that any monies were owed to you by myself, then attempting to charge a parking charge is caused harassment and personal distress to myself, is using it in ways which violate principles 1 and 2 of the DPA, and s13 of the DPA provides for financial compensation for this.
The case of Vidal-Hall v Google Inc  EWHC 13 (QB) provides authority that misuse of personal data is a tort and that damages may be non-pecuniary. The case of Halliday v Creation Consumer Finance Ltd  All ER (D) 199 provides authority that a reasonable sum for compensation would be £750.
The case of VCS v Phillip, claim number C9DP2D6C Liverpool 07/12/2016, while not binding, is persuasive that a DPA breach occurs when a parking charge is not legitimately pursued, and that a sum of at least £250 is compensation for pursuing a purported parking charge when there is no reasonable prospect of success.
I am therefore claiming £250 from yourself for misuse of my personal data under s13 of the DPA.
In addition, I paid the parking charge of [£100] and I therefore require immediate repayment of that amount.
The total payable is [£350].
You have 14 days to remit this amount to myself. After that time I may file a claim without further correspondence.
The rules on pre-action conduct are here
I believe I have provided you with all necessary information.
I am willing to consider alternative dispute resolution and suggest the Consumer Ombudsman.
Link Parking have a large number of residential sites. While you may be able to claim back any monies paid and for data protection breaches at these sites, each case will turn on the facts, which will need an examination of the lease.
You can claim back for up to six years. However you should bear in mind that if there are too many valid claims, Link Parking may not have enough money to pay back all claimants.
The Parking Prankster