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Wing Parking Ticket on Islington Estate
GoonerEm
post Sat, 27 Jan 2018 - 15:40
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Hi all,
What is the best advice to deal with a PCN from Wing parking?

Any advice would be welcome. There is signage on the estate but it's pretty cr@p. I will upload images in the morning but wasn't sure whether this was a legal notice or not.

Thanks all.

This post has been edited by GoonerEm: Sat, 27 Jan 2018 - 23:34
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post Sat, 27 Jan 2018 - 15:40
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GoonerEm
post Fri, 9 Feb 2018 - 14:41
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Cheers Nosferatu. Will send in
Ta

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GoonerEm
post Thu, 15 Feb 2018 - 09:45
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Hi all,

First appeal was rejected as I thought. They mentioned it was copied off an internet site - as if I would do that?!

Should I post their reply up here?

Thanks
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ostell
post Thu, 15 Feb 2018 - 09:56
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Oh dear what a shame. But the truth is the truth is the truth
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GoonerEm
post Thu, 15 Feb 2018 - 10:15
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Wing the merciless...

Thank you for your recent letter regarding the above; we have noted your comments.
Firstly, whilst we note your request, made under Section 10 of the Data Protection Act, to
cease processing your personal data, after evaluating your request, we must advise you
that we have decided not to comply with your request.
This is because of the following reasons:
• You have failed to demonstrate how or why the processing of your data in respect
of this matter is causing you unwarranted and substantial damage or distress. Your
appeal and statement are not “personal” statements directly relevant to yourself.
They are merely statements copied and pasted off an internet site, we know this
because we receive the same appeal, worded exactly the same, from other drivers
and vehicle keepers.
• We do not believe that the processing of this data is causing you unwarranted and
substantial damage or distress.
• By submitting a formal appeal and entering into the appeal process, you have
consented to us in dealing with the matter. We cannot deal with your appeal if we
do not process your data.
We have reviewed the case in light of your appeal and we confirm that the vehicle
concerned was parked in an area where parking is restricted and that the area is
adequately signed to that effect.
We also confirm that the Parking Charge Notice was issued for the reason of ‘Not Clearly
Displaying a Valid Permit’.
The rest of your appeal is based on the following grounds:
• You believe that the signs are unremarkable and obscure, are in small print and
that the terms and not readable
• Various other legal issues

The warning signs on display in the area clearly inform drivers that an estate parking
permit must be clearly displayed in order to allow users to park. On this occasion, at the
time that the Notice was actually issued, no estate permit was on clear display and this
much is not in dispute.
Although you state that our signs are “unremarkable and obscure" and that the terms are
“in small print” and are “unreadable”, we do not agree with your assessment. These same
signs have been used by us for many years and have been subject to numerous
considerations by the BPA, by the independent appeals service POPLA, and in Court, and
we are fully confident that they are indeed sufficient to render the issue of the parking
charge notice legal and enforceable.
We must also highlight that as this location is one where parking is not offered to the
general public, i.e. parking is restricted to resident permit holders only, it is exempt from
the mandatory signage requirements of Appendix B of the BPA Code of Practice.
Whether or not the amount charged is a genuine pre-estimate of loss is now no longer
relevant. The issue of parking charges needing to be directly related to a genuine pre-
estimate of loss has been negated by a recent decision in the Court of Appeal (Parking
Eye Ltd and Barry Beavis). The Court decided that even though the level of the charge
might be higher than the greatest direct loss which could be clearly proven, that one of its
main purposes was in fact to deter motorists from parking contrary to the advertised
restrictions and as such the charge could still be justifiable on public policy and
commercial grounds.
In this instance the amount being charged for this Parking Charge Notice is not only
broadly in line with, but is actually less than that which is charged locally for breach of
parking restrictions on the nearby public highway and as such the charge cannot be
considered as excessive.
We have noted your request for a copy of the photographs, however it is not our
responsibility to provide you with this. If you wish to view the images of your vehicle at the
time of enforcement, you can do so on our website www.wingparking.co.uk. Please select
the link that says "Enforcement Images" and follow the instructions. You will need to enter
both your registration number and the reference number of the Notice you were issued in
order to view the images. However, please note that you DO NOT have to make
payment or enter any personal data or credit card details to view the images.
We have thoroughly reviewed this case and whilst we appreciate your comments and
circumstances, we have acted in accordance with the instructions from our clients and the
warning sign that was on display prior to the issue of the Notice. The Parking Charge
Notice was correctly and legally issued and therefore the Notice and the charges must
stand. We trust the above clarifies the situation.
As your Stage 1 appeal has not been upheld, your options now are to either pay the
Parking Charge Notice or to make a Stage 2 appeal.
The charges have been held during your appeal and we will allow a further period of 14
days from the date of this letter during which you may pay the discounted charge of
£60.00. Thereafter the full charge of £100.00 will be due. Your account has already been
amended to reflect the lower charge and full details of how to pay are shown on the rear of
the PCN or on our website, www.wingparking.co.uk/make-payment

Please note that once the Parking Charge Notice has been paid, the appeal process is no
longer available.
If you are dissatisfied with the facts outlined in the reply, you also have the option of taking
your complaint further, to Stage 2, by writing directly to our clients within 14 days. If you
wish to make a Stage 2 appeal, please address your correspondence to:

Islington Council
Estate Parking Section
PO Box 70889
Islington
London
N1P 1GB

Alternatively you may email estate.parking.section@islington.gov.uk
The Stage 2 appeal must be made within 14 days of the date of this reply and must
include:
• Your name and address
• The registration number of your vehicle
• The date and exact location of the incident
• Why you feel that the PCN should be cancelled
If you do not submit a Stage 2 appeal with 14 days, or make payment of the charge within
28 days, then the matter will be passed for further debt recovery action to recover the
charge and you may incur additional charges.
Please note that if you choose to submit a Stage 2 appeal to our clients, and you do not
receive a reply within 28 days, you must contact us to notify us that your appeal reply is
still outstanding so that we can look into why your appeal has not been processed. If you
do not contact us, and a reply has been sent to you, it is likely that the case will be
recorded as outstanding and further debt recovery action will be taken that will incur you in
additional costs.
You may pay the charges, or you may appeal further. You cannot do both. If you do
choose to appeal further, and your Stage 2 appeal is then rejected, you will then be given
a final opportunity to appeal a third time to an Independent Appeals Service (POPLA)
Please note that an inability to pay the charges is not a reason for which we can cancel
the PCN. If you are experiencing difficulties in being able to make payment, free debt
counselling and/or legal advice is available through various organisations. You can
contact your local Citizens Advice Bureau by finding their contact details through their
national website, www.citizensadvice.org.uk
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HolbornFox
post Thu, 15 Feb 2018 - 11:09
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I had a ticket put onto a vehicle on an Islington estate by Wing, my appeal was rejected (the driver was loading).

I told them in writing to trace the driver and then serve him or her with a claim form in Poland (as that was where i thought the possible drivers were from) and never heard back; genuinely not sure if i was lucky or if they deemed me to be a pain in the arris and gave up.

It was a commercial vehicle.

This post has been edited by HolbornFox: Thu, 15 Feb 2018 - 11:10
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GoonerEm
post Thu, 22 Feb 2018 - 16:47
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Afternoon and happy Thursday all,

So about to go to stage 2 and email Islington outlining the original argument about unremarkable and obscure signs are in small print and the onerous terms are not readable.
Would that be the general consensus?

Thanks!
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GoonerEm
post Tue, 20 Mar 2018 - 13:04
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Afternoon all,

The council rejected the Stage 2 appeal so now it's off to POPLA as they have issued me a code.
As far as the council are concerned, they rejected the appeal but i cannot copy and paste as this was all on PDF. I will attach the crux of their reply as an attachment when I get home this evening.

Do I now stand by my original reply around signage and expense and just appeal at POPLA?

Many thanks
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nosferatu1001
post Tue, 20 Mar 2018 - 13:19
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You appeal at POPLA with all available arguments.
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