ES Parking Enforcement Ltd rejected my appeal

jg147

Hi
I have been advised to join this forum to get advice. I apologise in advance that I haven't yet read through the previous posts but I am up against the clock and would value any advice soon...
On 31 March I was issued a parking charge notice from ES Parking Enforcement Ltd when parked on a car park in Warrington Centre. I paid for an all day ticket but as I closed the driver's door the ticket must have flipped over (in those awful winds we had). I found a notice attached to the windscreen noting that ticket was upside down. I immediately wrote to them enclosing a copy of my ticket and a local weather report!! The car is a courtesy car due to a non-fault accident and I wanted them to write to me and not the hire company.
They have replied on 8 April rejecting my appeal:
"photographic evidence shows you didn't display your ticket in view in the front windscreen + signage in car park clearly states you must have valid ticket & must be displayed clearly". I have to pay £50 before 14 April or it increases to £100.
I can pay or appeal to IAS. I have taken a photo of the car park sign which does state the ticket must be displayed clearly in your front windscreen - could I argue it was clearly displayed albeit it had flipped over as I closed the door?
I am prepared to risk the £100 fine if anyone thinks I have a case to appeal. thank you in advance

Herzlos

Always appeal. There's a newbies thread in here that'll give you an idea of what to do.

As it's the IAS, you'll need to write your own custom one and provide more evidence (do you still have a copy of the all day ticket or evidence you paid?). Note though that it's a total kangaroo court and they'll most likely reject it whatever you say.

However that doesn't mean you have to pay up, as their claim is totally baseless in law, so you'd win (with some research) if they tried to take you to court. The reason for the IAS appeal is to make you look more reasonable and show up how dodgy they are if they take it to court.

If you're the 20% that are accepted, then it's done. If you're in the 80% that get rejected, just ignore anything else you get them from unless it comes from a court.

RICKY_LIAR

Ha ha ha.....! Oh jg147, Have we got news for you in respect of ES Parking.......?!? Have no illusions whatsoever, you really have noting to worry about....I will keep you informed!!!!!

jg147

Thx both for your responses, the forum is valuable, but I'm not confident enough to write a legal based letter, the signs on site do seem to comply.. as per a different post, I've looked at Parking Cowboys & would rather pay them £15 to do it for me.

waamo

No point in paying anybody. The appeal will be rejected by the IAS.

To reassure you a bit here is a list of the IPC members that actually too court action last year http://4.bp.blogspot.com/-9R9lOuf-Ysw/VQNGguWP6-I/AAAAAAAADLU/NIO3qscetdE/s1600/ias.jpg

Do you see your company on it? That gives some indication how likely they are to bother doing anything than send scary letters.

jg147

to know that I'm going to recieve debt collecting letters makes me want to just pay the fine.

waamo

Why? That's all you get is letters. Debt collectors have no powers other than to send letters. They cannot affect your credit file. They cannot take you to court. They cannot do anything other than recommend their client takes further action. That's often the actual phrase they use.

Are you really terrified of a letter?

jg147

I suppose I am as I haven't had this before. I get what you're saying though, thank you

The_Deep

This is an IAS affiliated company, and they are probably claiming that this sum is an agree contractual charge, there is the matter of v.a.t. which they may be trying to avoid.

http://forums.moneysavingexpert.com/...7925&highlight=

http://forums.moneysavingexpert.com/...3796&highlight=

http://forums.moneysavingexpert.com/...5195437&page=4

It follows therefore that, if there is no accounting for vat it can be argued that they are in fact probably claiming for liquidated damages for a breach of contract, and the amount invoiced has to be a genuine pre-estimated for their losses as a direct result of the event.

Hekterskelter

Hello the exact same thing happened to me in that car park a week ago. The tickets dont have any glue on do they? i park there everyday and pay religiously and my ticket blew off in the foot well. How did you get on?? i appealed to the company which they obviously rejected. would love to know as im in exact same situation. regards

fisherjim

Hekterskelter wrote: »

Hello the exact same thing happened to me in that car park a week ago. The tickets dont have any glue on do they? i park there everyday and pay religiously and my ticket blew off in the foot well. How did you get on?? i appealed to the company which they obviously rejected. would love to know as im in exact same situation. regards

The poster has not been on here for two months, please do not hold your breath waiting for an answer!
Or you could look in the newbies thread and start your own if you actually do want help!;)