hi

read a really good post about someone who is in a similar situation as mine.
sorry if i blab on abit but i tried to keep it short and to the point


i parked in a disabled bay outside my house without displaying a disabled badge. done this on the advise of a wandsworth parking officer as the bay does not have a pole to state blue badge holders only making it just a courtesy bay and not an enforceable bay.

i appealed the ticket with wing and as you would expect they were 'sorry' but they acted according to the guidelines of wandsworth council (and they are right)
wandsworth housing does not follow the road traffic acts, but has its own rules and regulations called Parking Regulation Schemes (PRS) and that states any vehicle parked in a disabled bay must display a blue badge and a valid tax disc.

after failing to win my appeal i followed this up with the housing director who looks into these matter, and again he was 'sorry' but he believed that wing acted according to the PRS guidelines.

in my replies from wing they did not mention a popla code.


i have untill the 8th of august to pay the 'generous discounted' fee of £60 which nearly doubles after that date

please advise me whether i can do anything or just pay the fine and not park there again.

(i can also show the conversations via email with wing and the housing director if necessary)

thanking you in advance

This is in fact a case involving a PPC invoice not a Council issued DPE ticket. Mods - could this be moved to the Private Parking forum please?

Think this is a blurred one where yes it's a private parking company, but I believe it's not issued under pofa 2012?? And the appeal is to the council themselves with no popla appeal after. Really is a strange situation

wing parking have been contracted by wandsworth council.
but as you may already know that theres traffic law and theres the regulations which are put in place by the council, i was advised that parking in the bay is fine as there no pole stating blue badge holders only, but apparantly not the case with when on a council estate they have their own regulations hence Parking Regulations Scheme (PRS)


how do i move this post to the correct place if it is in the wrong place

The company involved - Wing Parking (WP) - have carved out a niche for themselves over the last 12 months or so by taking on numerous contracts for London Boroughs (and in some cases their arm's length companies) to patrol the LB's "private" car parks on housing estates particularly, though not exclusively. In at least one case they have (this may be continuing) patrolled leisure car parks and those at a "country park".

WP are members of the BPA AOS and as such are bound by the CoP which in turn, of course, effectively but not irrevocably, lashes them to POFA. I have a number of FOI's relating to the activities of this company (though not one from Wandsworth) which make it clear in each case that there is a multi-layered appeals process only the final one of which is a POPLA appeal. The OP's original post on MSE (Click Here) contains additional documents that disclose the fact that POPLA is at Stage 3 after appeals to WP, then the council. This does not follow the CoP but by the same token does not, on my reading, entirely nullify POFA.

The greater issue here potentially is the way in which WP's invoices are dressed up. In early days they were called "Penalty Charge Notices", then after complaints to the BPA this was changed. They now appear to be switching to the use of "Parking Enforcement Notice". In my opinion, this coupled with the use of council logos is capable of creating the impression that the notice is something that it is not.

You'll be wanting this then.

http://www.wandsworth.gov.uk/info/200027/c...king_on_estates

If they do not know the driver, tell them to take it up the driver. If they do know the driver, then tell them to F/O.

They would then have to mount a small claim against the driver and not the RK - as this is not POPLA territory.

I still don't know what the best thing to do is I've Appealed it up to stage 2 and failed.
Don't think I have any ground to stand on because of the councils sneaky and confusing regulations. Further advise will be greatly appreciated.

Thanks

There is every reason to appeal further if only on the basis that it will cost you nothing to do so. Have you been issued with a POPLA code/reference number and, if so, by whom?

There has been no mention of popla or any code, nothing on the ticket, nothing in the reply from win parking and nothing from the housing director.

I may have been silly and admired being the owner of the vehicle to the housing director but trying to gather the emails and check to see exactly what words have been exchanged.

Does a council estate fall under private property?

I was told to write the following by a member of another forum who directed me here.



Ref xxxxx
Date

Dear Wing

The keeper is in receipt of the rejection of the challenge to you. On this rejection there is no popla verification code, and there is no mention of popla in any of your paperwork. As an approved operator of the bpa you must abide by the Code of Practice.

Therefore you have 35 days from the date of the initial challenge to forward this to the keeper. The appeal to them will centre around your breach of the CoP and various breaches of the Protection of Freedoms Act 2012.

Or you could simply cancel your unlawful penalty charge now, we know you have no chance of winning at popla, and we know you don't issue small claims from a freedom of information request to the courts.

We look forward to confirmation of this fake parking ticket being cancelled.

I'd go for contacting the Housing Director

Dear Sir

Regarding PCN *****

Thank You for your reply in which you rejected my further appeal to this PCN

In order that I can be certain of my legal position please confirm whether:

1 Wandsworth Housing Association is a statutory authority, the PCN has been issued under legislation (if so which) and I must now refer the matter to the Local Government Ombudsman OR
2 WHA is a private company, the PCN is overseen by the British Parking Association's Code of Conduct and Wing must now provide me with a validation code to refer it to POPLA.

Thank You and Regards

Could you also stick the address of the street into this and tell me what comes up

http://www.wandsworth.gov.uk/site/custom_s...eet_parking.php



There is a chance that the Council are also confused as to which regulations apply e.g. private land (POPLA), Parking Places Order or CPZ?

As a BB badge holder there is also the issue of the Equalities Act. You were entitled to park there by virtue of the ownership of the BB; it is there for your use under the EA; and the putting the badge on show is a courtesy. Why do they think that it does not apply? Is it contact or your are not entitled? Ask them

I think you have enough to give them a good kicking.

Hi I put my street name and nothing came up tried my postcode aswel and nothing said something like "did not match your criteria"

Do you think I should send the letter provided above to the housing director tomorrow?

I would send the letter from Gan - they get the point over.

I would add a copy of your BB with it and also add a paragraph like

..On an additional point of clarification, as a BB holder in a disabled bay are you suggesting that the requirements of your PRS system outweigh the requirements of the Equalities Act? If so, I'd appreciate your explanation. If not, I would welcome your cancellation of this ticket.

I would be surprised if they did not cancel and actually answered that.

The OP is clearly a newbie in these matters and I suspect that much of the, admittedly sound, advice posted earlier will go over their heads.

They're also tenants and no doubt have a nagging doubt that something could come back to haunt them in another guise.

I suggest a single and the simplest course of action for the OP. The question is - what?

Well for a start, post your letters and responses - you cannot just tell us what you wrote and what they replied because you will simplify and potentially miss out important matters. Also, as you live on the estate, what general docs do you have regarding parking (these may or may not be relevant for this issue, but the point is that you live there and you should know what's what for the future)

Just post these letters and don't worry.

While you're getting them together, you might want to read this:

http://www.popla.org.uk/makinganappeal.htm

just wanted to thank everone for all the help i am just drafting a letter taking points given by all of you, i will keep you guys updated with the responses i get.

again just wanted to thank everyone for their input very much appreciated