Help with PCN for Wing Parking

Coupon-mad

You could let it go then, do nothing, collect the letters like we did before POPLA existed. You can't prove the PPC mocked up that email.
It's annoying but this is nothing. Wing are not litigious and you will just be collecting junk mail like people did here for years and years before POPLA existed.

On the other hand I have just thought of one thing to do to cause Wing some problems! Send a copy of that supposed 4th July email to Catalyst Housing Group and ask for a copy of the decision made by them, as you never received it in the post. Say that you understand that Wing are their agents and the second stage must have involved the Housing Group so you require a copy of the information discussed, for your records, or confirmation that catalyst Housing Group have not yet been asked to review your appeal. You are asking because Wing Parking appear to have only handled this in house by email and never posted a decision to you, nor showed that the HA was ever consulted which you believe to be outwith the procedure they should have followed. Also Wing Parking are the subject of a complaint you have made to the BPA so you are looking to be furnished with all the relevant information in your case. Unfortunately, Wing Parking have been less than open and accountable and you are sure that a HA will be more helpful and must have kept records if Wing referred this case to them. And if Wing didn't then what is the purpose of the so-called 2 stage appeal?

Add that, if it turns out that Wing have not followed due process you request that the HA step in and cancel the charge because Wing have also denied you a POPLA appeal, showing you an old mock-up of a 'decision email' that you have reason to believe was never sent and which was never referred properly to the HA. Finish by saying that this should be treated as a formal complaint about Wing as the HA's agent, as well as a request for open communication and transparent information. Give them 21 days to investigate, reply or cancel the PCN on your behalf.

At that stage DO NOT mention the Freedom of Information Act.

BUT, if they won't answer then as a second step after that (give the HA a chance) you could ask for some information from the HA by FOI, such as clarification on what the second stage appeal to a parking ticket includes and whether the Housing Association would always have involvement this stage after Wing Parking have at the 1st stage, declined a parking ticket appeal. And you want copies of the appeal heard in your case, all information held about you and your car registration and what evidence was discussed with the HA. Just so you know:

Housing Associations are not strictly subject to the Freedom of Information Act but according to the Housing Corporation:

"You can also write to housing associations. Most try to be as open as possible and will provide you with information when they are able. The Housing Corporation requires housing associations to be accessible, accountable and transparent to residents and other stakeholders. The National Housing Federation Code of Governance states that associations should operate in an open and accountable manner by generally making information about their work available to their residents, local communities and other stakeholders."

Also the Information Commissioner has ruled that Housing Associations are subject to the Environmental Information Regulations.

Agooner

@coupon-mad: Thanks for your detailed response. I will contact Catalyst Housing and see the outcome of that. If it's anything like my previous dealings with them, they won't know what is going on and will send me to various departments before getting a partial answer.

Thanks for the guidance.

Castle

Even if they are not covered by FOI , they will still have to respond to a Subject Access Request, as they have been processing your personal data.

On the subject of deadlines, they claimed to have responded to your 2nd appeal letter dated 22nd May 2014 on 4th July 2014. This would be 43 days later, so outside the 35 days time limit set out in the Code of Practice.

Agooner

@Castle are the timescales for responding to letters in the Code of Practice ideal that aren't strictly monitored by the BPA?

Would it be worth stating to Gemma Ridgewell that Wing Parking was outside their SLA in responding to my second stage appeal?

Castle

From the COP (22.8)
"You must acknowledge or reply to the challenge within 14 days of receiving it. If at first you only acknowledge the challenge, or your reply does not fully resolve it, normally we would expect you to seek the additional information you require from the motorist and accept or reject the challenge in writing not more than 35 days after the information required to resolve it has been received from the motorist."


Write and inform BPA that your appeal was deemed to have been accepted after 35 days and ask them to investigate why WING failed to comply with the COP.

Coupon-mad

Agooner wrote: »

@Castle are the timescales for responding to letters in the Code of Practice ideal that aren't strictly monitored by the BPA?

Would it be worth stating to Gemma Ridgewell that Wing Parking was outside their SLA in responding to my second stage appeal?

Nope. She'll say they took time to consider it, through 2 stages, and that the appeal letter dated 22nd May might not have been posted until the weekend then there was Bank Holiday...blah blah...excuses for their AOS member! It's only a Code, not the law...no-one will care!

So IMHO the FOI request will be of more interest.