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

Coupon-mad

http://www.dictionary.com/browse/cite?

Cite the claim number in the link I gave...

Mr.t_2

I see in my letter....my apologise bit of a blonde moment lol

Mr.t_2

I may have forfotten mention vital information in my previous respone. In the letter recieved by the solicitors which now are claimimg a payment of £150, they have written at the start of the letter " our client instructed us to persue you for tge debt"..... since when did this become a debt? Can they refer it to as a debt. Ive tried searching as to what terms they are and atent allowed to use. They havent used terms such as fines, but used debt.

Umkomaas

They all use that term. They need to prove that it's a debt before it becomes payable. I wouldn't lose any sleep over it. It's not a showstopper for you.

Fruitcake

Mr.t wrote: »

The fact that no NTK was issued and over 114days later....would that count for anything? Or in my favour at all?

Is my response ive listed above doing me any favours? Should i include anything else in my letter?

Coupon-mad, im unsure what you mean by citing the claim number on the link?.....

There can be no liability without a notice to keeper fully compliant with the requirements of the Protection Of Freedom Act 2012. (Quote the relevant part of the POFA)

Since your client has not sent a Notice to Keeper at all, it cannot be compliant with the POFA 2015 and therefore liability cannot be transferred to the keeper.
Only the driver can be held liable, so please contact them.
There is no requirement in law for me to identify the driver, I have not done so, and there can be no assumption in law that the keeper is the driver.

(If they mention Elliot vs Loake then quote the recent case you can find on the Parking Prankster's blogspot where the judge referred to this as bunkum and not relevant in a private parking case.)

Mr.t_2

Many thanks for the information fruitcake. I have just compiled my letter today. It was just a case of printing off and sending to them now. I added the case number coupon-mad mentioned and the info I will be sure to add the pofa 2015 relevant sch aswell as you mentioned.

Coupon-mad

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).

Read this:

https://forums.moneysavingexpert.com/discussion/5550575

Not just because it's the same PPC but also because it's a case where the car wasn't 'parked' either. I've just added a link there to the thread from yesterday about the Jopson Appeal case.

You MUST read that transcript from that hearing, because the Senior Circuit Judge defined 'parking'. You can use that in your defence when you get to that stage (you will). Don't worry. It's defendable.

Mr.t_2

Many thanks for that coupon-mad, will have a thorough read of it now.

Mr.t_2

I have compiled my letter and its ready to be printed and posted out now.

My only concern is how much do i give away to them? As I would not want to arm them wih all my ammunition, if it goes to court then they could be prepared from every angle id be coming from .
In my letter I have basically covered all that i would mention in court, in an attempt to get ES and Gladstne to retract the claim.

If anyone would like to proof read to give their opinion, please pm me your email address and i shall forward you the copy of the letter.

Umkomaas

If anyone would like to proof read to give their opinion, please pm me your email address and i shall forward you the copy of the letter.

No legitimate regular is ever likely to do that. PPCs have in the past responded to naive invites like that.

If you do get any responses, check out the name of the respondent here for authentication.

The only way you are likely to get critique of your letter is to post it here. The PPC is going to see it soon enough.