Help need reassurance.

aquabuddy15

I received a PCN from ES Parking in Warrington last April. (The ticket blew off the dashboard!) To cut a long and predictable story short, both my appeals were turned down (IAS stating I had broken the contract and only used mitigating circumstances in my argument.)
After finding this amazing forum I sent a further more legally worded letter to which they did not reply. Then arrived the ZZPS letters (two). The first I responded to as your forum advises. I have now received the expected Wright Hassal letter and the charge has gone up to £190!
I am about to prepare my response as lazydaisy advises but I just wondered if anyone out there could offer me reassurance that they wont take me to court! ES Parking is a newish company so there isnt a full years record of their activities. Also I have proof of payment and proof of a legitimate reason for parking there.

Redx

anybody can take somebody to court, so never say never

past performance cannot guarantee future decisions either

yes they could try a court claim, quite a few have already done so over the last few years, with figures of between 30 thousand and 50 thousand court claims last year alone (but not necessarily this scumpany)

they had the right to try a court claim ever since they sent you the initial invoice as could a plumber or window company etc ,, they have 6 years to do so, none of this is under your control

all you can do is deny the alleged debt and defend yourself in court if they try it on

you would assume that Barry Beavis thought no court claim would happen 2.5 years ago when he parked his car in a PE controlled car park, he is still awaiting his Supreme Court decision after going to court 3 times

aquabuddy15

Thanks for the positive comments. Most court cases I've read about appear to be because the driver overstayed or parked obstructively/dangerously. I actually paid the fee so there is no financial loss to the company. When I chatted to a solicitor he seemed to think it would be laughed out of court. Does any one out there have any advice for me?

enfield_freddy

most solicitor's do not specialise in private parking laws , and probably know less than you


heck , even the solicitor's used by the IPC in appeals do not understand the laws

Umkomaas

As you are well past any appeal stage you have to wait and see if there is any 'next move' from ESP. There'll probably be a lot of froth to come from ZZPS and Right Hassle (use the forum search engine to check out previous cases) which you have to ride out. Obviously use the great advice from LazyDaisy and see where that takes you.

No one can provide the reassurance that ESP won't pursue this via the county courts, as they have six years in which to do so, and anything could happen in that time. The Beavis case could kill a lot of this stuff off (if he wins) or accelerate what might become a feeding frenzy (if he loses). We are at a critical point as the decision on Beavis is likely in November.

All we can say re ESP is that they are new kids on the block, no doubt encouraged to set up quickly in order to get their snouts into the feeding trough containing millions of pounds. They have no history, one way or the other, to work from to give you any idea as to their potential litigiousness.

aquabuddy15

Thanks for the comments. This whole thing is stressing me out but I dont want to give in to their greed. I'll keep posting as I'm sure I'll be needing more advice and opinions as things progress!

elynne

Did anything further happen here as I have a similar situation?

Fruitcake

elynne wrote: »

Did anything further happen here as I have a similar situation?

Too much has happened since then and many things have changed.

Please read the Sticky thread for NEWBIES then start your own thread if you need further help.