Parking Charge Sent to Leaseholder AND Resident of Estate Parking

EDickies

Hi everyone,

I wanted to voice my case because I cannot take all this aggravation from Wings Parking and Haringey Council anymore and wanted someone to help me if they could as I am a pensioner and really cannot afford expensive legal help.
I have been the Leaseholder and resident in the estate which the parking is situated since 1987. I pay upwards of £1800 every single year for service charges which are among others to upkeep and maintenance of the grounds and parking area of our estate and if things are broken or need to be repaired like the tarmac of the parking in question(!!) which was recently redone I have to contribute towards the cost.

I received a parking charge by Wings Parking Ltd for parking WITHOUT A PERMIT.
I appealed to Haringey Council which they said that the ticket was upheld because, although I am entitled to park in the grounds, I did not have a permit.
I appealed to POPLA saying among 7 other well researched points that they are treating me as a trespasser on land that I am entitled to enjoy and pay for its upkeep and maintenance, and that the ticket clearly stated 'PARKING CHARGE' and not 'PERMIT CHARGE'.
Wings Parking replied to all my points except the latter (which they decided to completely omit from their response).

I am so stressed out about this would please someone advise me? The response I had from both Haringey Council and Wings Parking gives me the feeling that they will take me to court if POPLA upholds the appeal.

I tried posting my appeal but I am a new user and the forum will not allow me to post links

I think it's so unfair to punish a single mother who fought to brought up her children alone with no help from the government and wanted to purchase her own home so as not to be a burden on the state...

Thank you for any help or advice anyone can give.

EDickies

Also I just realised that they obtained a copy of my lease without my consent.

I don't understand why Haringey Council is pursuing this case so much against a leaseholder and supporting a third party who is the only one that will profit from this.

hoohoo

Wing Filed 40 claims last year.

Have you got the following in your POPLA appeal
1) Your lease gives you the right to park, which cannot be overruled by subsequent changes (if it does - file a copy of your lease with POPLA as evidence)
2) Keeper liability does not apply (unless you told them who the driver was)
3) Signage does not form a contract with the driver
4) Charge is not a genuine pre-estimate of loss
5) Operator has no authority to issue tickets

g0wfv

Is the POPLA appeal still to be heard?

(hoohoo has already asked the questions I was going to ask if the answer was yes!)

Marktheshark

Is local authority owned land relevant land ?

enfield_freddy

Marktheshark wrote: »

Is local authority owned land relevant land ?

no it is not.


this problem with wing has been hammered out about 50 times,


its kidology on there part , and they will start claims , but a good rebuttal will see them limping off

EDickies

Hi everyone and thanks for responding so quickly,

I submitted my appeal and Wings responded on the points that I submitted.

I do not have these points exactly I have stated that my lease and the plans clearly show the parking space is within the grounds of the block which I live in. As they are part of the communal grounds of my block and I pay towards their maintenance I have a right to peacefully enjoy the grounds including the parking.

I did not tell them who the driver was but also did not include it in my appeal.

I stated that there is no contract with Wings Parking but did not refer to signage.

I did not include points 4 &5

They had obtained a copy of my lease from Haringey Council and used several clauses against me saying that I have no right to the grounds of the block and that my lease states that I am bound of any restrictions imposed by the freeholder. If it is so and I have no right to the grounds then why am I paying all this money every year?

They also sighted the case of Parking Eye Ltd and Barry Beavis who remained on land after the time allowed and became a trespasser. I distinguished that case by stating I cannot be a trespasser on land that I am legally entitled to enjoy whilst owning a lease (legal interest) in the estate and residing in my property. And yet they still maintain that the case applies because there is no other legal precedent.

I included in my appeal that the parking is within the grounds as evidenced by the plan in my lease. In the plans, the parking is clearly shown circled in red that it is situated in the communal grounds of the property.


Can I amend my POPLA appeal to include the points you suggested?

ampersand

Absolutely, yes! if you still have time.
#
Such slime-selective lowlifes to say: 'They also cited the case of Parking Eye Ltd and Barry Beavis who remained on land after the time allowed and became a trespasser.'
GARBAGE. Beavis has gone to the Court of Appeal and we await their Lordships' judgment, probably in October.
No, of course you were not informed of this. They live by lying and deceiving people.
#
Thank goodness you have found this Forum - welcome to mse.

Was your car the only one targeted? They usually conduct mass stings. Call a residents' meeting next. Complain to the managing agents. Complain to the freeholder.

Kick up bobbsyday. Local press.

WHAT IS YOUR POPLA APPEAL DEADLINE?

Are you aware that the popla system ceased its previous existence on 21 August? Phoenix-like, its replacement will now be run by Ombudsman Services, a company, not an Ombudsman as you might understand that term.

http://www.ombudsman-services.org/parking-on-private-land-appeals-%28popla%29-.html

As yet, none of us know what changes that might imply, for process and adjudication. BUT, you must indicate ONLINE your wish to appeal - TAKE A SCREEN SHOT TO PROVE YOU HAVE DONE SO. In fact, this change will probably afford you more prep. time than you might otherwise have had.

Show us any drafts for a critique.

Others will comment on the legality of a pp scumpany obtaining your lease from Haringey Council and what further action to take re: that.

As for ' if POPLA upholds the appeal.' - you have that wrong way round. If your eventual appeal is upheld[very likely, with Forum help:-)], you have won!

Now, take a step back and some deep breaths. You need to thoroughly read the stickies again...and again. There's a lot to absorb.

Make the Search box your friend: Look up Wing Parking.

You need to lose all those 'I' this-es and 'I' that-s...no 1st person in your appeal or any professional correspondence.
#
What is your current deadline date?

When did you receive your popla appeal ref.? You haven't answered #4 yet.

People often write 'appeal', when they are first responding to the shock of the unenforceable invoice, which is what you received. It's a fake bill. They hope you'll be intimidated into paying them.
That won't happen now you've found this forum:-)

Ralph-y

Please take the time to go through what ampersand has (plus others) said .... she know what she is talking about ....

read ... understand and do ......

good luck

Ralph:cool:

bazster

Leaseholds are in the public domain, anyone can get a copy of any lease from the Land Registry.

Sounds like you haven't complained to your councillors yet. Do so, strongly.

EDickies

Thank you for all your kind advice, I am making several calls to the councillor and local press as you suggested and amending my appeal as well.

I have read my lease and it states

"The Tenant shall comply with and be bound by any special regulations made by the Corporation relating to the user of any ... parking lot which shall be published by notice affixed therein ... Anything left therein shall be at the Tenants entire risk. Any such user by the Tenant shall be a matter of collateral arrangement between the parties and shall not be enjoyed as of right other than that conferred by any such arrangement."

Can someone help me understand this? Does this means I am bound?