ES Parking charge - items to include in appeal letter

ABowman · 2 June 2016 at 1:12PM

I have read the forums here and the relevant threads. I am writing my appeal letter as per the template provided. I received an ES parking Charge for 'parking' on the Spinningfields estate.

I had parked in the NCP car park on the estate and on exiting the car park I paused to check I was ok as I had fallen over in the car park. The engine was running and I was there for a around 1-2 minutes. I saw no signs but I did see a man acting suspiciously behind my car but when I turned to look at what he was doing he stood up and pretended not to see me. I then drove off and thought no more of it.

My ask is for some help with the letter and the grounds for the appeal, are these acceptable items to include?

1. The driver reports that a man was seen acting suspiciously behind the car at the time of the photo being taken but pretended not to see the driver. The driver believes that this person took the photo included in the letter.
2. There are no adequate signs on the street which can be read by drivers.
3. No period of parking is stated in the letter, there is nothing to suggest that car was parked at all. (incident time is noted as (15:31)
4. The driver had no need to park in this location and has a receipt for parking in a nearby car park which would have covered the time given if chosen,

I'm not sure how much to say in the actual appeal - if anything at all?!

System · 2 June 2016 at 2:27PM

They will ignore you and tell you to appeal to the IAS who will find in their favour. So to save you any hassle, why not ignore from the off.

This is Water Street?

Coupon-mad · 2 June 2016 at 9:30PM

I agree, you could ignore them unless you get court papers. Keep ALL letters, just file them safely in case they pursue it in the small claims track later, within SIX years.

OR you could send one challenge and that's already shown in the NEWBIES thread for you. THEN ignore them, of course, debt collector letters mean nothing. Don't ignore a small claim, come back if that happens and do not think the 'appeal' will work. It won't. The point is merely to appear reasonable in case it later goes to a small claim.

Same advice as here, same for ANY small, basically non-litigious IPC parking firm:

http://forums.moneysavingexpert.com/showthread.php?t=5472585

HTH

ABowman · 3 June 2016 at 6:32AM

Yes iT is Water Street, I read the advice as not to ignore the letter, send the template one back to them then expect to be ignored? So I shouldn't reply at all?

Umkomaas · 3 June 2016 at 7:20AM

ABowman wrote: »

Yes iT is Water Street, I read the advice as not to ignore the letter, send the template one back to them then expect to be ignored? So I shouldn't reply at all?

For the sake of a quick copy and paste of the appeal template, then do just that. It won't have any immediate positive impact, but should this, in the very unlikely case of court papers being served, at least will show you to have engaged with the initial process.

Chances of going to court? - well it would cost them £250-£300 to pursue you in order to recover £100 - you do the math! Plus it would require a decent degree of grey matter to work up a claim, something ESP have so far shown not to have an abundance of!

Coupon-mad · 4 June 2016 at 7:54PM

ABowman wrote: »

Yes iT is Water Street, I read the advice as not to ignore the letter, send the template one back to them then expect to be ignored? So I shouldn't reply at all?

We gave you a 'do this or do that' scenario. Your choice but you will end up ignoring them.

ABowman · 6 July 2016 at 9:10PM

I sent the template letter back to es and got an immediate rejection. I have now received a request for £125. I went back to the area as I don't live there and took some film and photos. There is nothing on the way into the road and the signs could not be read without getting out of the car and very close. There are no cameras there and on the day other road users were stopping unhindered.

My query is, should I still appeal to the IAS though I know it will be fruitless, how much would it cost me should it go to court and I lose and is there anything we can do as a collective to challenge this stupid circus? MPs etc?

Umkomaas · 6 July 2016 at 9:47PM

The 'collective' is here, and PePiPoo, and CAG, and Leagle Beagles, and NoToMob, and Parking Prankster. It's been ongoing for years.

If anything is 'fruitless', why would you bother?

Max a court could award is the initial charge (£100) plus filing fee (£25) plus capped solicitor fee (£50) plus possibly a bit of travel cost for the PPC. That's it!

Chances of going to court - based on current performance - NIL (but no guarantees as they have six years to pursue).

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

ABowman · 27 August 2016 at 1:48PM

I have today received a claim form from the county court business centre. It doesn't make clear in the letter what I need to do except pay up. I have no intention of paying and will go to court if needed. In order to get to that stage should I be completing this paperwork to show I intend to conteSt it?

Redx · 31 August 2016 at 7:25PM

yes , you acknowledge and contest it

there are plenty of similar court claims for that location and PPC at the moment on here , so please read them

Umkomaas · 31 August 2016 at 8:16PM

Who is the claimant on the court papers?

Are any solicitors involved?

When you acknowledge service, which you do right away, you mustn't put anything at all in the Defence box. Your defence will come later.

ES Parking charge - items to include in appeal letter

Comments

Categories

Get our FREE Weekly email full of deals & guides - and it’s spam-free