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Court! Wright hassall, wing parking

13

Comments

  • Hi carthesis,

    My grandmother is a tenant not a home owner. Im not sure how long wing have managed the parking at the location. It does not state anything in the tenancy agreement or tenancy pack my grandmother has as we looked at that early last year trying to find some info for wing parking..

    The estate is medium sized i would say and as far as i am aware there is only 1 maked disabled bay.

    If you look on google maps or google street view.. "waterway avenue , lewisham, london

    You will see a red Renault people carrier, with a sign above marked "disabled bay"

    Other than that i have never seen another bay marked disabled bay but wing conditions state blue badge must use that bay and are not exempt..


    As for the WH reasonable adjustments that is hilarious yet they choose to go blind against that when they want

    Thankyou again :-)
  • salmosalaris
    salmosalaris Posts: 967 Forumite
    edited 1 December 2016 at 4:28PM
    This sounds easily defendable and IMO it's unlikely a claim will be issued .
    The fact your "independent" appeal was carried out by the firm that has now issued the LBA ( if I'm reading this correctly ) proves what a complete joke these lot are .
    Have you replied to the LBA properly ? If not you need to .

    can you explain how your Gran had a permit and who issued it ?
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    chances are that the council have contracted it out to WING as an ALMO which seems to have happened to a few like this one

    I suspect the tenancy agreement will override anything WING bring up

    question is , who will issue the MCOL , WING ? or the stupid council (or Housing Association if its not the council)

    maybe contact the BMPA and ask if they are willing to help ?
  • pappa_golf
    pappa_golf Posts: 8,895 Forumite
    1,000 Posts Combo Breaker
    OP , do you still have the refusel from Popla - AKA wright hastle , as solisitors they are supposed to understand the laws of the land and act accordingly , the page from thier own website sets out the laws regarding equality , see : https://www.wrighthassall.co.uk/knowledge/legal-articles/2012/11/16/obligations-relating-disabled-parking-facilities/

    please reply with there denial (word foe word) and the name of the adjudicator
    Save a Rachael

    buy a share in crapita
  • Carthesis
    Carthesis Posts: 565 Forumite
    Right. Then as Redx says, the tenancy agreement should have primacy of contract over whatever the PPC have.

    Odds are you won't be forking out a penny.

    This should fill you in: http://parking-prankster.blogspot.co.uk/2016/11/residential-parking.html
  • Carthesis
    Carthesis Posts: 565 Forumite
    Oh, so it's effectively on-street parking?

    That's curious.

    Is it a private road?
  • Hi pappa golf,

    Here is word for word the response letter i and wing parking recieved from popla..


    "We have no reached the end of the appeal process and have come to a decision.

    The acessor has considered the evidence provided abd has determined that the appeal be refused.

    Reasons for the assessors determination: by parking on private land a motorists accepts the terms and conditions of the land.

    The operator has provided photographs of signage at the location which outlines the terms and conditions to state,

    A VALID PERMIT FOR THIS ESTATE MUST BE CLEARLY DISPLAYED IN FRONT WINDSCREEN AT ALL TIMES

    photographs have also been provided by operator which shows the appellants vehicle was observed parking without displaying a valid permit.

    Within the appellants response they have stated they were helping their disabled grandmother into their house. They have stated due to assisting them it took atound sixteen minutes to go into the house and get a vakid permit to display in their vehicle.
    While i acknowledge mitigating circumstances may have prevented the appellant from complying with the terms and conditions of the site. Mitigating circumstances do not fall within POPLAs remit.

    The purpose of POPLA is to assess whether a parking charge has been issued correctly, in accordance with the terms and conditions of the site.
    We are not able to consider Mitigating circumstances, even in cases where they are particularly compelling.

    While i note the appellant may have only briefly left their vehicle, by parking on the site while getting a permit the appellant has accepted the parking contract. If the appellant was not able to comply with the conditions alternative parking arrangements should have been made.

    The appellant has provided time stamped evidence to demonstrate they had a valid permit. However from the operator's evidence at the time of the alleged contravention a permit was not on display.

    Unfortunately it is the responsibility of a motorist to ensure they comply with the terms and conditions when accepting a parking contract.

    I am only able to conclude the pcn has been correctly issued.

    Accordingly i am rejecting the appeal


    Yours sincerely,

    Rebecca Etim
    Popla assessor
    LT6109/003





    ((1 week later wing parking sent a letter highlighting popla refused my appeal and that payment was due.. i ignored that and then ZZPS got involved and now WH))
  • Hi carthesis,

    Its is on street parking on an estate which on wings signage states "PRIVATE LAND"

    So i believe it is a private road
  • pappa_golf
    pappa_golf Posts: 8,895 Forumite
    1,000 Posts Combo Breaker
    "Within the appellants response they have stated they were helping their disabled grandmother into their house. They have stated due to assisting them it took atound sixteen minutes to go into the house and get a vakid permit to display in their vehicle.
    While i acknowledge mitigating circumstances may have prevented the appellant from complying with the terms and conditions of the site. Mitigating circumstances do not fall within POPLAs remit."


    ahh, so POPLa overrides the equaliy act!


    let this go to court win it , then take the BPA , WH and wing to court for blatent disregard of the equality act
    Save a Rachael

    buy a share in crapita
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