Wing Parking Ticket on Islington Estate |
Wing Parking Ticket on Islington Estate |
Sat, 27 Jan 2018 - 15:40
Post
#1
|
|
Member Group: Members Posts: 13 Joined: 26 Jan 2018 Member No.: 96,165 |
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 |
|
|
Advertisement |
Sat, 27 Jan 2018 - 15:40
Post
#
|
Advertise here! |
|
|
|
Fri, 9 Feb 2018 - 14:41
Post
#21
|
|
Member Group: Members Posts: 13 Joined: 26 Jan 2018 Member No.: 96,165 |
Cheers Nosferatu. Will send in
Ta |
|
|
Thu, 15 Feb 2018 - 09:45
Post
#22
|
|
Member Group: Members Posts: 13 Joined: 26 Jan 2018 Member No.: 96,165 |
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 |
|
|
Thu, 15 Feb 2018 - 09:56
Post
#23
|
|
Member Group: Members Posts: 17,088 Joined: 8 Mar 2013 Member No.: 60,457 |
Oh dear what a shame. But the truth is the truth is the truth
|
|
|
Thu, 15 Feb 2018 - 10:15
Post
#24
|
|
Member Group: Members Posts: 13 Joined: 26 Jan 2018 Member No.: 96,165 |
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 |
|
|
Thu, 15 Feb 2018 - 11:09
Post
#25
|
|
New Member Group: Members Posts: 8 Joined: 31 Jan 2018 Member No.: 96,246 |
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 |
|
|
Thu, 22 Feb 2018 - 16:47
Post
#26
|
|
Member Group: Members Posts: 13 Joined: 26 Jan 2018 Member No.: 96,165 |
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! |
|
|
Tue, 20 Mar 2018 - 13:04
Post
#27
|
|
Member Group: Members Posts: 13 Joined: 26 Jan 2018 Member No.: 96,165 |
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 |
|
|
Tue, 20 Mar 2018 - 13:19
Post
#28
|
|
Member Group: Members Posts: 28,687 Joined: 27 Nov 2007 Member No.: 15,642 |
You appeal at POPLA with all available arguments.
|
|
|
Lo-Fi Version | Time is now: Friday, 29th March 2024 - 11:12 |