Parking Charge Notice from Wing Security
My car was parked in a private car park for residents of the estate I live on. The council for a reason unbeknownst to any of the residents contract Wing Security to enforce parking here. The car park is behind a locked gate, and only residents with keys can access it. Residents must also display a (free) parking permit that can be obtained from the council.
In March earlier this year, I received a second PCN (the first had been issued by Wing Parking, I disputed it, lost, and paid). This time around, Wing Security rather than Wing Parking were listed on the PCN as the Creditor. On the PCN, which is shown below, it claimed I needed to log on to www.ipaymyPCN.com to pay the fine. This website redirects to www.paymyparkingcharge.com, which I understand through looking at their Terms and Conditions is owned by ZZDS.
My permit had fallen onto the floor of my car. As a result, I emailed (On March 10th) [email protected] with the below, along with supporting images of my permit visible through my car window on the floor of my car. In the supporting photos provided by the parking warden, he photographs do not show the floor of my car where the permit had fallen down on to. The permit is quite big - much bigger than a regular parking ticket you'd obtain from a machine.
On April 20th I was responded to by someone from Parking Admin Centre, which is run by paymyparkingcharge.com who as far as I can tell work on behalf of Wing Security. They asked me to confirm my name and address in order to process the appeal, which I did.
On June 2nd, I received the below:
Wing Security Limited
Vehicle Registration No.
Total Amount Due:
Thank you for your appeal against the above Parking Charge. We have carefully considered your appeal however after full consideration of all details pertaining to this matter; Upon consideration of your appeal, we have concluded that this Parking Charge has been issued correctly. Whilst we understand you have a permit; this does not authorise you to park. You are only authorised to park by displaying your permit. Going forward, please ensure your permit is still on display when exiting your vehicle to avoid future Parking Charges. The signage on site is sufficient in notifying motorists of the Terms and Conditions on site. As your permit was not displayed, we are unable to accept your appeal.
For your further information, in the case of ParkingEye Limited –v- Beavis the court of appeal unambiguously clarified the common law's position on both the nature and enforceability of parking charges.
It is now clear that a Parking Charge having the predominant purpose or intention to deter is not sufficient in itself to invalidate the charge so long as it is not extravagant and unconscionable; thus, this Parking Charge is fully enforceable under the rules about contractual penalties.
The Court made reference to indirect losses that parking contraventions can cause to operators, the need for large charges to deter breaches, the benefit to the community that such deterrence can create and the intention of Parliament for such charges to be enforceable.
Following the ruling in Beavis, it is without doubt that your Parking Charge is wholly valid and fully enforceable."
I am also provided with options to take the appeal to Stage 2:
"We hope that we have addressed the issues raised in your appeal, however if you are dissatisfied with the facts outlined in the reply, you have the option of taking your complaint further, to Stage 2, by submitting a further appeal within 14 days. Please ensure you quote your Parking Charge Notice reference number as it will make it easier to match the correspondence to your Stage 1 appeal.
If you wish to make a Stage 2 appeal, please address your correspondence to: Wing Security Limited, Appeals Department, 483 Green Lanes, London, N13 4BS.
Alternatively, you may email: [email protected]
The Stage 2 appeal must be made within 14 days of the date of this letter and must state why you are not satisfied with the Stage 1 reply and must include any relevant new evidence. Please remember to quote your vehicle registration and the PCN reference number. Please note that enquiries about Stage 2 appeals will not be dealt with by telephone.
You may pay the charges, or you may appeal further. You cannot do both. If you do choose to appeal further, and your Stage 2 appeal is rejected, then the charges will be due. There is no further appeal process after our Stage 2 appeal."
One of the things that I've noticed in my research so far is what Wing Security are not listed by the BPA nor the IPC. Is there anything in this that can support me fighting this in Stage 2?
Currently, on the paymyparkingcharge.com website, it claims that I haven't lodged an appeal and that the fine is now £100. I have also not confirmed to them at any stage that I was the driver of the car.
Any advice on how best to proceed is much appreciated.
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