E S Parking Enforcement LTD (ESPEL) PCN through the post

Mr.t_2

E S Parking Enforcent LTD has Issued me with a PCN which has been recieved through the post, no windscreen ticket was issued, I was inside the car when the incident took place and left the car at no point/unattended. This being a LTD company raises suspicion and that its possibly a one man ban going around ripping people off.

The Company E S Parking Enforcement LTD does not seem to be part of the BPA and is not listed on BPA's approved list, i could not see the company listed on their approved operators list. What difference can this make? Does POPLA appeals still apply if they are not part of BPA?

The PCN is demanding £100 or £60 for early settlement for stopping/parking at a location, it says the vehicle is liable for the charge. It also has a section to fill out of transfer of liability if i wasnt the driver at the time of the incident.
Upon investigation further down the road there are small signs on lamposts by E S stating "No Stopping" but i havent yet read the full thing. On the exact location of where the photo was taken there are no signs. There are double yellow lines there but not visible in the photo as left side of photo is cut out.

Now that this is my first ever PCN i will be appealing for, i need some advise as to how to approach the appeals process/letter.

Some key points which may be relevant:

They have a picture of my car with a time stamp, but no brake lights or indicators are ON, the way the photo is set, i could just be driving down the road when the photo was taken as the car was not left unattended at any point. Cannot even see the pavement in the photo or the very left side of my car (photo taken from rear). But can see the registration number of the vehicle and part of the left rear light.

Also I have a suspicion that the photo was taken by an unmarked car (predatory tactics), as the photo is taken from inside a vehicle what appears in the bottom left corner of the photo as a tiny section of the dashboard or the rear view mirror, but there is something in the corner. Not obstructing the actual picture of the car which is in clear view, but there is a corner of something in the bottom corner of the photograph. But I have no way to prove this was an unmarked car. I have read of an unmarked car in the same area tried to fine a delivery driver, but the dash cam in the delivery car proved it was an unmarked car and the charges were dropped.

POPLA states the PCN or the ticket issuer must state the period of the incident. What is classed as the period? I would assume period means the start time of the incident and the finish time (untill the car moved off), but in the PCN it only states the time of incident (which the PCN is reffereimg to as 'period of incident') and a single time stamp. As stated before I could just as well be driving down the road when the photo was taken, nothing to indicate i was stopped/parked.

The PCN recieved only states time of incident and single time stamp, so justification of £100 can.i request that? Also i myself can not recollect if i was stopped there and for how long, as it still isnt proven in the PCN.

What key points should I mention in my appeal letter/could include as well as the draft letter in the other sticky post on here to help my case?

• POPLA 2012 states a time period needs to be indicated. To progress with this charge, can you provide photographic evidence of the exact period, start to finish the vehicle was present there. As the only stated item in the PCN is one time stamp which does not provide sufficient evidence to prove the car was parked/stopped, the vehicle may be being driven/moving unless proven otherwise.
  
• Once your company has proven the actual period of the incident start to finish, can you please justify the sum of charges demaded in the PCN.
  
• Could you please inform me of the location of the marked camera, as I am struggling to understand what the black thing is in the bottom left hand corner of the photo, to try and understand this photo wasnt obtained by predatory means by an unmarked vehicle.
  
• If this appeal is rejected, can you please supply me with a POPLA code for the case to be futher investigated.
  

From my situation stated above, is there any other key points I should mention in the appeals letter?

They are not member of the BPA Bristish Parking Association, what would this mean and can I use this to my advantage?

I was inside the car when.the photo was taken, but as the pic was taken from the rear cannot see myself in the car. I have NEVER left my car unattended at the location of the photo.

Do I send the appeals letter direct to E S Parking Enforcement. I will be sure to post it via recorded delivery and keep the proof of postage. I will wait until day 23 to post the letter as well.

Any help or guidance will be much appreciated to beat these low lifes.

Mr.t_2

Unaure how to edit my first post, but just researched and fou d out they are part of the IPC.

Coupon-mad

What key points should I mention in my appeal letter/could include as well as the draft letter in the other sticky post on here to help my case?

You can't. There is no point adding anything for an IPC appeal, it WILL be rejected and then you WILL ignore them and not try IAS. Come back if you get a LBCCC or court papers but not all the time it's just silly letters demanding money.

Don't send your appeal Recorded Delivery. No-one here tells you to ever post Recorded Delivery to a PPC. Get (and keep) a FREE cert of posting from a PO counter instead, for a normal 1st class letter if there is no option to appeal online (that's best).

Then ignore the idiots.

Mr.t_2

Many thanks for the reply coupon-mad��.

So best course of action for me to take is send in the copied n pasted letter from the sticky thread to the PPC with a free over the counter cert. Once rejectes as expected by IPC, await a POPLA code which is requested in the letter if its rejected. Then appeal through POPLA, otherwise ignore if they dont send a POPLA code until a LPCCC drops through the post.

Many thanks for the info. It has cleared alot up for me in terms of the stages/process to follow and what to expect.

Then appeal through POPLA, otherwise if they do not respond just ignore from there on utill a LBCCC is sent out.

fisherjim

You will not get a POPLA code, as you have stated they are not in the BPA, POPLA is not applicable, it's the IPC'c kagaroo court the IAS which is arguably a waste of time.

I don't know why you keep emphasizing that you never left the car?

Mr.t_2

If I appeal to the PPC, i cannot ask for a POPLA code, so in my case they will direct me to IAS or do i request IAS?

If breifly read up on IAS, So am i stuffed either way??

Or after the IAS responds, wait for a LPCCC before i take any futher action?

Mr.t_2

I will not go through IAS as mentioned by coupon-mad. I will write an appeal letter to the PPC, then just wait for a LPCCCA. As they have not yet proven if i was/wasnt stopped on the road or not. Which they possibly will struggle to prove in court.

The_Deep

CM feels that appealing to the IAS is a waste of time, I do not.

A rejection from the IAS will almost certainly be anonymous, perverse, and heavily favour the PPC. It can be used against them in court.

System

A rejection from the IAS will almost certainly be anonymous, perverse, and heavily favour the PPC.

... and persuasive to some judges who don't bother to go back to the original facts. Case last week where it happened.

No point in contacting the IAS at all.

Quentin

The_Deep wrote: »

CM feels that appealing to the IAS is a waste of time, I do not.......
.

Thing is regarding your "feelings".......how many bunches of flowers have you had off happy newbies here in thanks for your advice compared to CM?

Mr.t_2

As i will be writing to the ppc as late as possible. My first port of call will be get in touch with the company who has employed the PPC. I will try and find out who has employed them and see what they have to say.

With the PPC in question E S LTD. They have not long ago been in the newspapers for using predatiry tactucs, where they try and take photos from unmarked cars whilst driving past. I believe similar has happeed to me, but i have no way of proving it. I also have no faith and do not truat the work ethics in E S supplies from their orevious stunts from what I have read in the papers.