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Parking ticket under local authority block, is it private property?
Marz
post Thu, 11 Oct 2018 - 13:56
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Hi, I received a parking ticket for parking on a double yellow line under a block of flats. The lines look 'good' and there are signs dotted around the estate. My query is if it's indeed private property how can they issue tickets? Not that it matters but I parked there due to building work going on and ~50% of the parking bays being unavailable. One other point, all the roads around the estate, even parking bays not under the block are all permit holders only, under the flats there are no parking restrictions.





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post Thu, 11 Oct 2018 - 13:56
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DastardlyDick
post Thu, 11 Oct 2018 - 14:40
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Wing Parking is a contractor used by Haringey Homes to enforce parking on it's Housing Estates, so yes, they can issue PCNs - why did you think they can't?
As you can see on the photo, it clearly states that you cannot park on yellow lines, so it appears you are bang to rights on the contravention. The best suggestion I can come up with is to appeal along the lines you've suggested and if/when they reject, pay the reduced amount.
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PASTMYBEST
post Thu, 11 Oct 2018 - 14:50
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This needs to be in the private parking forum, although its council land it is operated as a private area.

IIUC the sign does not form a contract as it forbids an action


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Marz
post Thu, 11 Oct 2018 - 16:00
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QUOTE (DastardlyDick @ Thu, 11 Oct 2018 - 15:40) *
why did you think they can't?

On the basis it's private property. Despite the sign(s) there are abandoned cars down there, one on a double yellow partially blocking the entrance to the car park that has been there for ages.

QUOTE (PASTMYBEST @ Thu, 11 Oct 2018 - 15:50) *
This needs to be in the private parking forum, although its council land it is operated as a private area.

I wasn't sure with it being under a LA block.
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SchoolRunMum
post Thu, 11 Oct 2018 - 17:04
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QUOTE (DastardlyDick @ Thu, 11 Oct 2018 - 15:40) *
Wing Parking is a contractor used by Haringey Homes to enforce parking on it's Housing Estates, so yes, they can issue PCNs - why did you think they can't?
As you can see on the photo, it clearly states that you cannot park on yellow lines, so it appears you are bang to rights on the contravention. The best suggestion I can come up with is to appeal along the lines you've suggested and if/when they reject, pay the reduced amount.

The above is wrong advice, this won't be paid.

QUOTE
I received a parking ticket for parking on a double yellow line under a block of flats. The lines look 'good' and there are signs dotted around the estate. My query is if it's indeed private property how can they issue tickets? Not that it matters but I parked there due to building work going on and ~50% of the parking bays being unavailable.
Is this your residence?

Anyway this is easy to win. Wing can't win it as long as no-one blabs in a silly appeal about who the driver was.

The REGISTERED KEEPER appeals using the template appeal in the MSE NEWBIES thread, not implying who was driving. This is not sent until DAY 26 ONLINE, deliberately, and the reason for that is explained in the sticky thread on MSE's parking forum (I can't link it on this laptop as I'm currently banned due to a stalker having another pop after studying all my posts, as he does).

Wing will turn it down and will tell the appellant to appeal 2nd stage to Haringey Homes. Submit the same generic template, no saying who parked.


The HA will turn it down and issue a POPLA code, then the registered keeper sends a long POPLA appeal starting with:

- the land is not relevant land and there can be no keeper liability as it's under statutory control (Council logo on sign)

- even if it is relevant land, Wing will have forgotten to issue a NOTICE TO KEEPER because of the careful timing of the first appeal

- even if they remembr to send a NTK, it will not be worded to hold a keeper liable

- the appellant has not been shown to be the individual liable

- the signs are forbidding and intended to prohibit parking on double yellows even though Council lines actually allow stopping for various exempt activities. There is no contract offered and no contravention.

- no landowner authority (a standard template, even though the HA will have been involved at 2nd stage, bung it in anyway)

YOU WIN. NONE OF THE ABOVE POINTS ARE NEEDED YET, ONLY AT POPLA STAGE. JUST DO NOT SAY WHO PARKED/WAS DRIVING!

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Marz
post Thu, 11 Oct 2018 - 19:50
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QUOTE (SchoolRunMum @ Thu, 11 Oct 2018 - 18:04) *
Is this your residence?

Yeah I live on the estate but not in the block in question. Thanks for the advice, I found the template you mentioned. Just one quick question, where it says 'I require all photos taken, a clear image of the signage and an explanation of the allegation', they have got a website with pictures etc.. Is this important or not at this stage?
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SchoolRunMum
post Thu, 11 Oct 2018 - 20:33
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Yes, include it all.

How do you know the website shows ''all' photos taken? You don't. And part of this tactic is using a template they will know is from a forum. It really is the easy 3 step dance I described above. If they write begging to be told who the driver was, obviously that's ignored!

Count yourself lucky your flats have Wing Parking - you can ALWAYS win any appeal. Tell your neighbours how.
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Marz
post Sat, 24 Nov 2018 - 19:28
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The original ticket is currently on the phase 2 appeal (not heard anything back yet), but my car was given another ticket rolleyes.gif Someone parked here (as the building work is still going on) until a space became available:

Not that it matters but the car to the right is abandoned, so again the person was being considerate leaving it out the way.

Same signage and ticket as before except this time it says: Issue Reason 29 Not Parked in a Designated Area There are no lines anywhere, the 'designated parking' isn't marked or numbered. Should I submit an appeal saying this or do the same as above?

These vultures are really starting to get on my nerves angry.gif

This post has been edited by Marz: Mon, 26 Nov 2018 - 15:10
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SchoolRunMum
post Sun, 25 Nov 2018 - 20:45
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If it's Wing again, they do not use the POFA and can't hold a keeper liable, so as long as you never say who was driving you will win at POPLA.

Do the SAME as before.
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nosferatu1001
post Mon, 26 Nov 2018 - 11:31
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Meaning, EDIT YOUR POST so we cant work out who drove.
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Marz
post Mon, 21 Jan 2019 - 19:10
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QUOTE (Marz @ Sat, 24 Nov 2018 - 19:28) *
The original ticket is currently on the phase 2 appeal (not heard anything back yet)

Me again (sorry), I've still not heard anything back and its been 10 weeks, I've emailed Wing twice now as they said to do so if you didn't hear anything after 28 days, and received the same generic response that it's being dealt with by their client and I should receive a response in due course dry.gif

Is there no time limit on this?
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nosferatu1001
post Tue, 22 Jan 2019 - 10:54
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No
But you could state that, s they have had far more than the 35 days needed by the BPA CoP to review the appeal, you now consider the matter closed
Any attempt by them to revive this ticket will be deemed harassment.
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Ollyfrog
post Tue, 22 Jan 2019 - 11:43
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I feel your pain sad.gif
Just received yet another email myself "we are continuing to evaluate" yadda yadda yadda. Get one every 3 weeks and it's been going on since October. Only another 5 years and 9 months to go rolleyes.gif
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