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PCN From Wing Parking

13

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  • Lucky_Lee
    Lucky_Lee Posts: 45
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    Update on my appeal....

    I need urgent help on what to do next please...

    After I waited the 25 days I’ve sent them the Newbies thread template. I haven’t heard from them for 2months, so I called them up yesterday and they’ve informed me that they did reply to my email the following day rejecting my appeal. (BTW I didn’t receive any emails from them at all - Ive even checked my junk mail nothing). So what do I do now, please advise?
  • KeithP
    KeithP Posts: 37,432
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    Patience Lucky Lee, patience.
  • Coupon-mad
    Coupon-mad Posts: 130,634
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    Ask them to re-forward that email.

    If they can't, then report them to the BPA.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Lucky_Lee
    Lucky_Lee Posts: 45
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    Yes I did ask them to forward that email and they have.

    Funnily enough I didn’t receive it into my inbox straightaway. So what happen to their first one? :mad:
  • Redx
    Redx Posts: 38,084
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    so what does it say about further appeals and is it in time to appeal to whoever is next

    nb:- this is like pulling teeth! or blood from a stone !!
  • Coupon-mad
    Coupon-mad Posts: 130,634
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    edited 4 April 2019 at 10:29AM
    Was the first one sent to the right email addy? Does it include that line or have they deleted (or maybe altered) it?

    If you suspect the latter, then send the PPC a SAR for all photos and all communications sent. Hopefully their data protection bod will send you the ACTUAL email showing the original (non altered) email addy they used.

    Try to expose lies.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Lucky_Lee
    Lucky_Lee Posts: 45
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    Redx wrote: »
    nb:- this is like pulling teeth! or blood from a stone !!
    It’s not intentionally I can assure you :o
  • Lucky_Lee
    Lucky_Lee Posts: 45
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    Okay this is what the letter said....

    —————————————————————————————————————————

    Thank you for your recent letter regarding the above; we have noted your comments. We have reviewed the case considering your appeal and we confirm that the vehicle concerned was parked in an area where parking is restricted and that the area is adequately signed to that effect.
    We also confirm that the Parking Charge Notice was issued because the vehicle was Not Clearly Displaying a Valid Permit.
    The warning signs on display in the area clearly inform drivers that a valid parking permit for the estate must be clearly displayed in the vehicle windscreen in order to allow users to park. On this occasion, at the time that the Notice was actually issued, no valid estate permit was on clear display.
    Your appeal is based on the following grounds:
    1. You deny liability of contractual agreement.
    2. There are no admissions to who the driver is.
    3. Request of records of payments made showing partial VRNs
    4. AnexplanationofthereasonofthePCN
    5. Evidenceofgivengraceperiod
    6. Request to provide “close up of actual photograph of the sign” and “was at the
    location on the material date”
    1. We totally dispute your suggestion that no contract was formed. It has been a long- established principle that instructions and information clearly displayed on warning signs are sufficient to constitute a contract, even in the absence of any monetary consideration or individual negotiation of terms. Your vehicle was parked in clear view of such a sign and therefore we are satisfied that a legally binding contract was entered into. Such an opinion is also clearly held by all relevant parties including our clients, the BPA, POPLA, the County Courts and the Court of Appeal. Whether or not liability exists, it is not sufficient motive to cancel a PCN.
    2. Even though there are no admissions to who was driving, it is currently of no direct relevance to this infringement. By considering an appeal we are simply considering whether or not the PCN was correctly issued and not assigning blame to any particular individual. Although there are no admissions to who was driving, does not mean that the breach did not occur. To accept this argument as genuine and reasonable grounds
    Wing Parking Limited Registered in England: No 7469549
    Registered Office: Queen's Chambers, Eleanor's Cross, Dunstable, Beds, LU6 1SU

    for cancelling the PCN therefore clearly cannot be accepted. By failing to declare who was driving you are in no way negating the validity of issue of the PCN. It merely means that whoever is sought to eventually make payment of the charge will need to prove that they are not liable.
    3. Records of payments or VRNs data is subject to Data Protection so there is no legal requirement for use to disclose this to you.
    4. We trust that no valid parking permit was on clear display on the front windscreen of the vehicle as instructed by parking instruction on estate signs. It is the sole responsibility of the driver to ensure that they permit is displayed and valid on the vehicle front windscreen at all times. If for any reason you cannot park with a valid parking permit, we are sorry but you could not park in the estate on this occasion.
    Furthermore, we are satisfied that the area is adequately signposted as the photographs that were taken of the vehicle at time of the incident clearly shows the vehicle parked within close proximity of a parking warning sign which advises drivers that such restrictions are in place. Given the distance of your vehicle and the sign, we are satisfied you would clearly acknowledge the parking restriction sign while exiting the vehicle. The sign states: “Private property. Parking conditions apply at all times. Parking for permit holders only. A valid permit for this estate must be clearly displayed in front windscreen at all times.”
    The issue of the Notice was in accordance with our instructions from our clients as we have been instructed that vehicles are not entitled to parking on the estate unless they are clearly displaying a valid permit. Having reviewed your comments along with the evidence in relation to this case it is clear that the vehicle did not comply with the estate’s parking restrictions on this occasion.
    6. Some photographic evidence will be attached below for a quick consultation but you are able to check all the images on our website at any time. The reason for the issue of the Notice is supported by photographs taken at the time and these also support our actions. If you wish to view images of your vehicle at the time of enforcement, you can do so on our website. Please select the link that says "Enforcement Images" and follow the instructions. You will need to enter both your registration number and the reference number of the Notice you were issued in order to view the images. However, please note that you DO NOT have to make payment or enter any personal data or credit card details to view the images.
    We have thoroughly reviewed this case and whilst we appreciate your comments and circumstances, we have acted in accordance with the instructions from our clients and the warning sign that was on display prior to the issue of the Notice. The Parking Charge Notice was correctly and legally issued and therefore the Notice and the charges must stand.
    We trust the above clarifies the situation. We will allow a further period of 14 days from the date of this letter during which you may pay the discounted charge of £60.00 and thereafter the full charge of £100.00 will be due. Your account has already been amended
    5. Our records state 9 minutes of observation time. You have exceeded the grace period allowed in the estate as 3 minutes is the maximum period specified by the landowner and is therefore must be strictly enforced.

    to reflect the lower charge and full details of how to pay are shown on the rear of the PCN or on our website,
    We hope that we have addressed the issues raised in your appeal, but if you are dissatisfied with the facts outlined in the reply, you have the option of taking your complaint further, to Stage 2, by writing directly to our clients within 14 days. If you wish to make a Stage 2 appeal, please address your correspondence to:
    London Borough of Brent Corporate Service Team Brent Civic Centre Engineers Way Wembley
    Middlesex HA9 0FJ
    Or alternatively you can email: housingmanagement@brent.gov.uk
    The Stage 2 appeal must be made within 14 days of the date of this reply and must state why you are not satisfied with the 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 appeals will not be dealt with by telephone.
    If you do opt to make a second stage appeal, you must appreciate that the overall entire appeals process may take longer than the 35 days specified in the BPA Code of Practice, but we would not expect it to take any more than an additional 21 days. However, your case will remain “on hold” throughout this time.
    Please also note that if you choose to submit a Stage 2 appeal to our clients, and you do not receive a reply within 28 days, you must contact us to notify us that your appeal reply is still outstanding so that we can look into why your appeal has not been processed. If you do not contact us, and a reply has been sent to you, it is likely that the case will be recorded as outstanding and further debt recovery action will be taken that will incur you in additional costs.
    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 then rejected, you will then be given a final opportunity to appeal a third time to an Independent Appeals Service (POPLA)
    Please note that an inability to pay the charges is not a reason for which we can cancel the PCN. If you are experiencing difficulties in being able to make payment, free debt counselling and/or legal advice is available through various organisations. You can contact your local Citizens Advice Bureau by finding their contact details through their national website, or other organisations such as the National Debtline (0808 808 4000 or although numerous other such organisations exist.
    Wing Parking Ltd is the Data Controller for this matter, and our full Privacy Notice can be found at.. You may contact our Data Protection Officer at office@wingparking.co.uk or by post or phone using the details provided above. Personal data may be obtained to ensure compliance with contractual obligations and other legitimate interests in respect of this matter. We may process, retain and share the data with third parties for car park management and enforcement purposes, including debt

    recovery. You have rights to request details relating to information we hold on you, including: how and why it is processed, objecting to our processing, restricting our use of it, giving you access to it, correcting errors, deleting it and transferring copies to other parties. Under data protection laws, we must confirm your identity before providing you with any information, and we will provide an explanation if we do not agree with any request you make of us. You have the right to complain to the Information Commissioners Office at
    Yours sincerely,

    —————————————————————————-
  • Umkomaas
    Umkomaas Posts: 41,256
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    Lucky_Lee wrote: »
    Update on my appeal....

    I need urgent help on what to do next please...
    if you are dissatisfied with the facts outlined in the reply, you have the option of taking your complaint further, to Stage 2, by writing directly to our clients within 14 days. If you wish to make a Stage 2 appeal, please address your correspondence to:
    London Borough of Brent Corporate Service Team Brent Civic Centre Engineers Way Wembley
    Middlesex HA9 0FJ
    Or alternatively you can email: housingmanagement@brent.gov.uk
    The Stage 2 appeal must be made within 14 days of the date of this reply
    Which part of this didn’t you understand? We had already told you this would be a 3 stage process.

    So just use the same initial appeal template you used for Wing, open it by stating that you are dissatisfied with the reply from Wing and you are now invoking the next stage of the appeals process.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Coupon-mad
    Coupon-mad Posts: 130,634
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    Okay this is what the letter said.

    I know what it said but due to them not emailing it, you are too late to take it to the second stage.

    This is not what I asked, I didn't want to know what the email said:
    Was the first one sent to the right email addy? Does it include that line or have they deleted (or maybe altered) it?

    If you suspect the latter, then send the PPC a SAR for all photos and all communications sent. Hopefully their data protection bod will send you the ACTUAL email showing the original (non altered) email addy they used.
    DOES IT INCLUDE THE RECIPIENT LINE FROM WHEN THEY ALLEGE THEY EMAILED IT?

    Do the SAR suggested above to try to expose lies.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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