Court! Wright hassall, wing parking

Pleasehelp87

Dear all helpers,

Im going to jump straight to it.. recieved a parking fine from Wing Parking in 2015, popla case happened 1 year later, failed at popla, ignored it all... ZZPS sent letters, i ignored but now.......

I have recieved a letter before action from Wright hassall solicitors. I emailed them as it did not state who was instructing them and only listed the CPO.

Today i have recieved a letter from WRIGHT HASSALL signed by a JANE CLARKE.


Very worried as the letter is in response to my email challenging there LBA and reads:


"'Wright hassall LLP were instructed on (DATE) and a letter was sent to you on (DATE).

This letter advised that wright hassall llp were instructed by ZZPS limited to collect an outstanding parking charge notice and the car park operator is WING PARKING.

The LBC sent to you on (DATE) confirms the CPO only. This is because if payment was not made and county court proceedings commence, the claimant in the matter would be the CPO.""



THAT is word for word the investigation letter sent to me.

They then go on explaining they specifically comply with annex B and annex A etc etc etc.


Lastly word for word they concluded:

"I have not upheld your complaint as the LBA issued is compliant and names the CPO which will be the claimant should the mattwr progress and a county court claim pack is issued.
Please contact us within 14 days to discuss your proposal of payment if not the hold will be removed and WE WILL SEEK OUR CLIENTS FURTHER INSTRUCTIONS"""




I AM EXTREMELY TERRIFIED AND CANT SLEEP AT NIGHT AND CANNOT AFFORD £205 OR HAVE A CCJ ON MY NAME


PLLLLEEEEAASSSEEERE ADVISE/HELP ME IM BEGGING YOU


THANKYOU

thetriggerhappypwner

I am not a legal advisor nor am I legally trained. My post should not be taken as legal advice as it is not.

I have checked this Wright Hassel LLP's website, and nobody by the name of "Jane Clarke" is listed as any of thier solicitors. It would seem to me that this letter is an attempt at bullying you in to paying thier extortion, and I for one would ignore it. I would however wait for the experts to reply here for further clarification.

Quentin

Court action is always a possibility when you are being chased by a creditor.


If you do get a CCJ at the end of this it won't be detrimental to your "name" as long as you pay it in full within 30 days of the judgement.


Now take time to read up in the newbies faq thread about defending court action, (should this end up in court), and use the links there to other sources of help and advice

thetriggerhappypwner

It would also appear that from what you have written above when quoting thier letter that it could be fraud as they seem to be using fake names to coerce you in to paying when you could possibly owe them nothing.

I will wait for the experts to clarify on this though.

Pleasehelp87

Thank you so much guys im extremely grateful for your help. JANE CLARKE is titled on the letter as "customer assurance team for and on behalf of wright hassall""

I'm very newly unemployed (due to sector cuts) and have no idea how to pay this if it ever did go to court. Hence no sleep and freeking out.

I will keep my eyes peeled on this thread.. THANKYOU SO MUCH again

I will keep an eye on this

Carthesis

Do you still have all the paperwork from when the charge notice first came through the post; copies of the letter and the appeal you sent off; copies of the POPLA appeal; copies of the rejection letter etc.?

Are you a housing association tenant? That could be important, especially as Wing seem to specialise in that, as there have been recent relevant court cases. What were the circumstances of the ticket in the first place?

You'll from this link:

http://www.bmpa.eu/companydata/Wing_Parking.html

that, as a rule, Wing don't do court cases. Best part of 14k tickets issued in 2015, and 3 cases got as far as a small claims court.

You haven't gotten anything yet. What you've got is a final begging letter trying to scare you into paying. The last sentence is the giveaway.

Try and remain calm, and answer all the question you'll get asked on here, and there's a strong chance you won't be paying a penny.

Pleasehelp87

Hi carthesis,

I do have all correspondence in relation to the appeals which were done cia email originally and i also have the ticket and popla rejection ect..

The parking charge was on a council estate which is enforced by WING PARKING.

This all happened back in april 2015 on my grandmothers housing estate.. we stopped in the only available parking space, i proceeded to help my grandmother to her block of flats ( she has myotonic dystrophy and alzheimers. Is severly disabled and takes a long time walking with my assistance and a walking aid ).

Finally got to my grandmothers house where i settled down, got the permit from the drawer and proceeded downstairs where i noticed a WING vehicle and a ticket on my windscreen... i approached the operative and showed him the permit in my hand and was told it was too late.

It had taken a total of 16minutes to escort my grandmother to the flats, up to the third floor, get the permit and back to my vehicle..

This was all explained in my appeals and popla appeals and still not considered so i ignored it all.

THANKYOU so much for all your help i will try to stop panicking.

Pleasehelp87

ALSO forgot to mention...


After my appeals to wing and popla i heard nothing throughout 2015...

Until early August 2016 when popla and wing contacted me... after which my popla appeal was rejected then enforcement started due to ignoring the cold hearted people i explained the truth to.

Carthesis

Right.

This is important.

IN ANY OF YOUR COMMUNICATIONS WITH WING, DID YOU IDENTIFY THE DRIVER? For example, did you say "I parked... " or "I came back with the permit ..." or "I showed it to the Wing parking attendant ..." or anything like that?

The latter of those wouldn't be too terrible - as anyone could have been asked to "pop downstairs and put the permit in the car", but the others make it a bit more difficult.

What is going to help you here is going to be the Equalities Act, which makes it very clear that "reasonable adjustments" must be made for people with protected characteristics, which is quite obviously and clearly going to apply here.

Can you post a copy of the signage they have on display?

The Jopson -v- Homeguard case would seem to be applicable too - that was a case where someone stopped to unload her car of some furniture for her flat and was ticketed for it. A Google search will turn up the relevant info on the BMPA site, the Parking Prankster blog and in the Milton Keynes local media. It's broadly similar to what happened to you.

Combining that pursuasive Appeal Court case with the statutory requirements of the Equalities Act should mean that if it ever goes anywhere near court that Wing and WH will get laughed out of the joint.

You've nothing to worry about yet as they haven't actually started any proceedings at all. They're just trying to scare you.

Read about Jopson, read the **NEWBIES** thread (the court section) so you know what to look out for and so you've an awareness of the process just in case and it doesn't come as a surprise, settle back with a brew and educate yourself about the process and the system.

If you get an official looking letter from Northampton County Court Business Centre, then that's when you need to start moving. Until then, try not to stress.

Redx

sounds to me like this is an ALMO and wing do the "wet work" on the street , so its important to find out what rights the tenant has about parking spaces (check their lease)

the letter could be from ZZPS pretending to be from WH

if the real claimant wishes to start a court case they will issue an MCOL from Northampton

there will be no CCJ or bailiffs without a CCJ (court order)

for this to happen you would have to lose in court , then not pay the judgment within 28 days , only then does it becaome a CCJ and only after that can enforcement occur

you are a long way from this , so sit down , take stock , and get details of what the tenant is allowed and any visitor rights for parking , especially since the JOPSON versus Homeguard case clarified a lot of this recently

also consider that a counter claim under the EA2010 may be an idea, if this person is disabled etc like you say she is

so a lot of research to do for now

Pleasehelp87

Hi carthesis,

Unfortunately in my appeals i did say i parked, i then proceeded downstairs with the permit and i also said i then showed the attendant who then said it was too late and best to appeal.

I guess i have admitted i was the driver.

At the time this is my first and only parking ticket i recieved so was not sure how to appeal. I ended up telling the truth and also sending a picture of the permit clearly time stamped at near enough the exact time i was booked by the attendant.

I did this in honesty in hope of some understanding in the matter regarding my grandmother and her condition etc..


Thankyou for stating the equalities act as i was not at all aware of that. Infact im not aware of anything in regards to rights/acts/laws etc.

Also i am having a google and a read on the jopson v homeguard case at the moment to try and clue myself up.


Cant help but think of the worst especially at a time i have lost my job and only income.

Just hope new year isnt a start of a bad year thanks to these cold hearted turkeys.


Again thanks so much your helping me alot. God bless you sir