HELP!! PCN Wing Parking Islington Council

SJgirl84

Hi,

Ive been reading through all the newbie stickys and pretty much have some idea of how to handle this ticket.

A friend of mine was on here before and had help with a ticket that won at a POPLA appeal so will use that to help me generate my appeal.

So far, I only have the windscreen ticket and will be waiting for the NTK before I do the first appeal.

As this is Wing Parking, working on behalf on Islington Council, I think there is an extra step on the appeals before it goes to POPLA from what I read on pepipoo. First I appeal to Wing Parking when I get the NTK, when that is rejected I think I then appeal to Islington Council, and lastly to POPLA.

So...I was dropping my 96 year old grandad off after bringing him shopping, there is only one visitors bay and that was taken, so I put the Visitors permit in the windscreen and parked in another bay next to the visitors bay. I brought him inside, helped put away the shopping, sorted out his washing and returned to the car about 15 minutes later to a ticket on the windscreen.

The ticket reason states "Not clearly Displaying a Valid Permit" but i was displaying a visitors permit!! It doesnt state anything about the bay. Even the photos they took clearly shows the permit on show.

I cannot upload attachments as I am new on here. But the ticket mentions "breached the terms and conditions of parking" so that would mean I can use the point about GPEOL? Is this correct

I really do not want to pay this fine, but want to make sure I give the appeal the best go I can, as I have read that once it goes to POPLA I lose the chance to pay the "reduced rate"

SJgirl84

Actually I dont think the appeal to Islington council stands anymore. The thread on pepipoo that I saw was from 2013 so maybe it has changed now, as the ticket states that if they reject it, they will provide contact details for POPLA...sorry

The_Deep

I thought that councils had been told to stop using these companies where they had the power to deal with them themselves, (High Wycombe).

HO87

The councils may have been but WP are likely to have been employed by an arm's length housing company. They work almost exclusively in London Boroughs "enforcing" on Borough housing estates (purportedly private land) where, in the majority of circumstances, they actually work for the housing companies despite the fact that they routinely use the Borough's logo on their PCN's.

Coupon-mad

Diarise to send the NEWBIES thread appeal at days 21 or 22 each time.

It's a fake PCN from a dumb PPC. Talk to this person, it's EASY, do this together:

https://forums.moneysavingexpert.com/discussion/5205663

HTH

nigelbb

HO87 wrote: »

The councils may have been but WP are likely to have been employed by an arm's length housing company. They work almost exclusively in London Boroughs "enforcing" on Borough housing estates (purportedly private land) where, in the majority of circumstances, they actually work for the housing companies despite the fact that they routinely use the Borough's logo on their PCN's.

It would depend on the setup of the arm's length housing company. If the actual housing is still council property (which seems likely) then the parking places are provided by the council which is a traffic authority hence not relevant land for the purposes of POFA 2012 keeper liability.

Here is the relevant section from the POFA 2012.

3 (1) In this Schedule “relevant land” means any land (including land above or below ground level) other than:
(a) a highway maintainable at the public expense (within the meaning of section 329(1) of the Highways Act 1980);
(b) a parking place which is provided or controlled by a traffic authority;
(c) any land (not falling within paragraph (a) or (b)) on which the parking of a vehicle is subject to statutory control.
(2) In sub-paragraph (1)(b):
“parking place” has the meaning given by section 32(4)(b) of the Road Traffic Regulation Act 1984;
“traffic authority” means each of the following:
(a) the Secretary of State;
(b) the Welsh Ministers;
(c) Transport for London;
(d) the Common Council of the City of London;
(e) the council of a county, county borough, London borough or district;
(f) a parish or community council;
(g) the Council of the Isles of Scilly.

bod1467

But WP are not invoking statutory authority on their PCNs else they wouldn't mention POPLA.

Coupon-mad

Wing wouldn't know the meaning of words like 'invoking statutory authority'! Same as any other Wing case, the OP will have to jump through two appeal hoops before getting the POPLA code. Just do it and get there (not saying who was driving even if asked in a letter) and win at POPLA.

HO87

nigelbb wrote: »

It would depend on the setup of the arm's length housing company. If the actual housing is still council property (which seems likely) then the parking places are provided by the council which is a traffic authority hence not relevant land for the purposes of POFA 2012 keeper liability.

Here is the relevant section from the POFA 2012.

Sorry but I've replied to so many WP threads over the last couple of years I have stopped endlessly repeating the same information.

WP have not sought to pursue keepers for some time now and therefore do not seek to make use of the provisions contained in POFA. From that perspective the "relevant land" argument is somewhat redundant. I have not researched in ultimate detail all of the various locations they cover but in a reasonable number the housing stock and land on which it stands had been handed over to the arm's length company, negating the traffic authority aspect (albeit that they are not using POFA) - and, it would seem, the DfT directive from last year that LA's should not be attempting to use contract law to enforce parking (a la Wycombe). Th LA may well have an interest, perhaps even a controlling interest, in the arm's length company but that does not turn the ALC into the LA.

SJgirl84

Coupon-mad wrote: »

Diarise to send the NEWBIES thread appeal at days 21 or 22 each time.

It's a fake PCN from a dumb PPC. Talk to this person, it's EASY, do this together:


HTH

Should I post the appeal or is it ok to do it online?

Captain_Leaky

Do it both ways, and get proof of posting (free) from the P/O when you send the written version.