ES Parking Enforcement - appeal to company or IAS?

craynerd

Yesterday night at 6:30pm Our car got a parking charge for "parking without a valid permit". There are a couple of threads on here about ES talking about them as a sham one man band but regardless of who they are, I'm taking these all the way until they do me or drop it! - the situation and length of time The car was away is an absolute scam!

The notice says appeal to Es first and if rejected go to IAS. Can someone please confirm that this is the case? I expect ES will reject immediately so can I go direct to IAS to get the ball rolling. ?

Look forward to your advice

Fruitcake

Read the Sticky thread for NEWBIES at the top of the page. This explains everything you need.


Do not pay, do not ignore, do not reveal who was driving.


General rules are, don't appeal to a windscreen ticket, wait for the NTK to arrive. You can't appeal to the ATA until an appeal to the PPC has been rejected.


This assumes the event was in England or Wales and wasn't a hire or lease vehicle. Advice is different otherwise.

Redx

craynerd wrote: »

1) The notice says appeal to Es first and if rejected go to IAS.

2) Can someone please confirm that this is the case? I expect ES will reject immediately

3) so can I go direct to IAS to get the ball rolling. ?

Look forward to your advice

1) yes, if you were appealing as driver or keeper

2) yes its the case, yes they will reject, they just want your money

3) definitely not

BUT

always wait for the NTK in the post, unless its a company/hire/lease vehicle - then appeal it to the PPC

do not reveal the drivers details either, any later appeal (to the NTK or to the IAS) is as KEEPER

if its in Scotland or N.Ireland , then its different , so read the newbies sticky thread

Half_way

read the newbies thread and wait for them to get in touch with you, then
Complain to both ES and the landowner.
See it more of a complaint or a challenge to the speculative invoice issued by ES ( or the landowners agents , es parking )
instead of calling your letter / email etc to the parking company Appeal to PCN #XXXX you could call it : Formal rejection of speculative invoice PCN #XXXX

craynerd

Still waiting but nothing has come through the post yet!

Can anyone tell me why this will have to go through IAS and not POPLA? What's the difference?

Thanks. Chris

Coupon-mad

Because there are 2 rival trade bodies in this 'industry'.

POPLA - you win.

IAS - you lose. Don't bother! I am not staying ignore the PCN (in fact I recommend an appeal around day 20, using the template in the Newbies thread but expecting a rejection as a reply) but I am saying don't bother with round two.

Umkomaas

When are you expecting the NtK?

Windscreen ticket? You shouldn't get this until day 29 and no later than day 56 after the windscreen ticket (all in the NEWBIES sticky - have you read it yet, as per advice in post #2?). The more you understand this stuff, the better you will be able to deal with it; we can't spoon-feed you if you're not prepared to follow advice and put in your own legwork to deal your problem.

If the PPC is an IPC member - it's the IAS for the second stage appeal.

If the PPC is a BPA member - it's POPLA for the second stage appeal.

ES Parking Enforcement is an IPC AOS member.

craynerd

Hi guys, I can see ive been slammed a few times for read the newbies thread and I've spent a few hours doing so. So it's been 20 days now and based on the newbies thread I should now:

1. Write a letter of appeal to the PCN - as guidelines suggest, no names, addresses..... This will be rejected
2. Don't bother appealing to the IAS (according to 2015 advice in newbies thread!?)
3. Be subject and ignore further debt letters

I do appreciate I'm just rewriting the newbies thread but there is a lot of info in there and I do want to make sure I'm doing this correctly!!

craynerd

Sorry to bump but before I do anything, and we are now on day 21, I'd appreciate advice or confirmation of my understanding.
Other than the letter of appeal to the Parking company, because these are with the IAS, the advice seems very much like the old advice of ignore!!

Umkomaas

You need to definitely wait for the NtK before responding, as this is an IPC PPC.

On receipt of NtK it needs to be checked for 'holes' (and it's likely to be like a colander!) against PoFA 2012 requirements. Use this checklist:

http://www.parkingcowboys.co.uk/keeper-liability/

If the NtK does not comply they can only chase the driver. POPLA would uphold in your favour against PoFA non-compliance, but unfortunately you're up against the IAS who uphold very little, and definitely not PoFA non-compliance. But knowing there is no keeper liability will be helpful should this (unlikely on current performance) get to a court stage.

There are two schools of thought in regard to appealing or not to the IAS.

Coupon-mad, who is one of the most knowledgable in the country on private parking issues advises not to as you have no chance, so don't waste any time on it.

The other school of thought is that you go through the motions of the appeal to the IAS, as a signal that you have engaged with the whole appeals' process, should it ever get to court stage.

Whichever route you take, it's almost inevitable you'll be getting debt collector letters - so your choice, no real damage whatever you decide.

HTH