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

Mr.t_2

Many thanks for the response. I would have only sent the letter to reputable regular members of the forum.

The information gathered from this forum is priceless and a fantastic way of helping people fight the scammers.

DoaM

As above, post the letter here (redacting any personal, identifiable details).

Mr.t_2

Yes i will be aure to post up the letter tommorrow. I am away from my computer at the moment due to work. I will be back home tomorrow and il be sure to post it up.

Mr.t_2

A copy of the letter i am intending to post out today.

if there are any changes I should make or any other information I should include, please let me know:-

Dear Sir/madam

REF: xxxxxxxx

I am writing to you in response to your letter dated xxxxxx.

In your letter dated xxxxxx, photographs of my vehicle were enclosed upon my request along with the letter.

IPC’s Code of Practice for parking on private land, Part B section 14 (14.1) Predatory Tactics, states: “You must not use predatory or misleading tactics to lure drivers into incurring parking charges. Such instances will be viewed as a serious instance of non-compliance and will be dealt with under the sanctions system as defined in schedule 2 to the Code.”

The claimant ES Parking enforcement LTD has been known to use predatory tactics in the same Spinningfields estate location as the alleged incident of stopping/parking. ESPEL have been in the Manchester Evening News on 17th May 2016 for predatory tactics. Where ESPEL Parking enforcement officers are concealed in unmarked vehicles when taking photographs. I have enclosed a copy of the link to the article and a print out of the article enclosed (http://www.manchestereveningnews.co.uk/news/greater-manchester-news/delivery-driver-caught-out-secret-11338946).

The photographs supplied by you on xxxxxx of my vehicles clearly represents the predatory tactics used against my vehicle. The First photograph at xx:xx has been taken from some distance away, photograph has been taken from inside of a vehicle and hidden behind another vehicle, as you can clearly see the wing mirror of the car in front, of which the vehicle/enforcer is taking the photographs from is hiding behind.

The first 2 photographs are from the same location, one photograph is zoomed in, the other isn’t, but both photographs clearly showing the wing mirror of the car the traffic enforcer is hiding behind and clearly represents the long distance the photograph has been taken from. This photograph supplied is a clear representation of predatory tactics used by your client to acquire the photographs in a hidden manner to lure the drivers of the vehicles into incurring a charge. I will retain a copy of these photographs supplied, to use as evidence of predatory tactics in a Court of law if your client decides not to retract the case and strike out the claim.

I would like to request further information from the claimant, as to how the photographs supplied on xxxxxx to myself, were obtained of my vehicle by your client? Also as to why your client was hidden behind another vehicle when taking the photographs and from such a distance? I have enclosed copies of your photographs with this letter.

I have noted there are No ANPR cameras present on site. Each photograph appears to have been taken manually by a moving vehicle as photographs of the vehicle are from very different angles, From the front of the vehicle and the rear. I would like to ensure I am not a victim of the same predatory tactics as the gentleman in the Manchester Evening News. As well as the method of the photographs being taken I would also like a signed statement of truth which will be used in Court as evidence, regarding the source and acquisition of the photographs.
I am also willing to request CCTV footage from the Spinningfields estate to ensure there is no predatory tactics or foul play. Which will be used as evidence in a court of law if foul play/predatory tactics has been used.


IPC’s Code of Practice for parking on private land, Part B Section 15 (15.1) states, Quote : “Drivers should be allowed a sufficient amount of time to park and read any signs so they may make an informed decision as to whether or not to remain on the site. “.
A grace period should have been allowed to Stop, read and understand any signs. The manner in which the signs are placed at the location of the incident, also the terms and conditions are stated in much smaller sized lettering, it is near impossible to read the Sign with its terms and conditions whilst driving past. A grace period should be allowed for drivers to stop, read and understand the signage from a vehicle. The vehicle at no point was parked/left unattended as can be clearly be seen in your photographs supplied on xxxxxx, the ‘daytime running lights’ of my car are ON. These are only ON if the car is switched ON. As the vehicle according to your photographs was stopped for 8minutes, Why was no grace period allowed before commencing to take photographs by a hidden camera by your client?

I would like to know why the claimant has not allowed a grace period as stated in the IPC’s Regulations?


I have investigated and visited the site as soon as the letter was received, I have noted at the location of the alleged incident there are no ANPR cameras and no double yellow lines present. Where the Road Traffic Act is applied, which apply to private land also, would mean stopping in an area with No double yellow lines is permitted, which my vehicle appears to be present on no double yellow lines.

ES parking enforcement LTD have Unclear, not visible and hidden signage which as well as “predatory tactics”, the signs displayed does not conform with the Second edition of the IPC’s Code of Practice for parking on private land. Stated in PART E - “You must adequately display any signs intended to form the basis of contract between the creditor and the driver.”. The signs/notices also does not meet with ‘Protection of Freedoms Act 2012’ Paragraph 2 (2) “The reference in the definition of “parking charge” to a sum in the nature of damages is to a sum of which adequate notice was given to drivers of vehicles (when the vehicle was parked on the relevant land).”.

The placement of the signs as shown in my photographs enclosed, clearly show the signs are woefully placed to catch drivers out and incurring charges as inadequate notice is given. The driver cannot be deemed bound by the contract listed on the sign which is not adequately placed/out of view as shown in the photographs enclosed. The notices are not visible to the drivers of vehicles, hidden behind other parking signs and facing the opposite way to the flow of the traffic. It is a ONE WAY road, with signs facing the opposite way to which the driver would be facing, therefore drivers would be unable to decipher the regulations of the private land. Sign cannot be read even if the driver was to be directly next to the sign, as shown in the photographs I have enclosed. Making the signs invisible and hidden from the drivers view.
There are double yellow lines across the estate which according to the road traffic act would mean no parking would be allowed across areas with double yellow lines, however the vehicle is in a location where no double yellow lines are present. These photographs will also be used as evidence in court to represent how inadequately your client has placed signs hidden from the view of the driver which is intended to form the basis of the contract, also representing the vehicle to be present in an area with no clear double yellow lines present.

To make presumptions as to who the driver of the vehicle was, as the driver of the vehicle with the date in question has not been ascertained. You cannot bypass POFA Schedule4, Paragraph “1(1) The driver of a vehicle is required by virtue of a relevant obligation to pay parking charges in respect of the parking of the vehicle on relevant land”. An example of a case where the judge dismissed the claim due to claimant making a presumption the owner of the vehicle was the driver, claim number C8DP37F1 Stockport 31/10/2016. You cannot make presumptions as to who the driver was.

In light of above mentioned evidence, predatory tactics, no grace period, inadequate placement of signs and vehicle present on No Double Yellow Lines I would make recommendations to your client to retract and strike off the charge which has been issued against my vehicle.

I have retained a copy of this letter and the certificate of postage of this letter.

Yours Faithfully

xxxxxx
(Owner of Vehicle)

Coupon-mad

I am also willing to request CCTV footage from the Spinningfields estate. [STRIKE]to ensure there is no predatory tactics or foul play[/STRIKE].

I would just cross out the above bit as your sentences there read better without it.

Nice letter.

I didn't see the Jopson Appeal case adduced, with throwing in that a persuasive view about what constitutes 'parking' has now been handed down at an Appeal case by a Senior Circuit Judge in a Gladstones case so they will be familiar with it (then name it and give the Judge's name and court/date/claim number). Inform them that your defence to any court claim WILL include a copy of that transcript.

Oh and you can also say that Schedule 4 of the POFA requires 'adequate notice' of the terms & parking charge.

And you can ask them to confirm or deny that Manchester County Court has found against ES Parking at Spinningfields, on the basis of 'no grace period' in the last few weeks. And to explain why they persist in pursuing such cases under the circumstances.

And here's an article by the BMPA about Spinningfields which explains that the signs are prohibitive, make no offer so there can be no 'agreed charge' of £100:

https://bmpa.zendesk.com/hc/en-us/articles/211571385-Spinningfields-Manchester

HTH, an absolutely notorious place, so bad that local employers have had to issue their own warnings which is unheard of!

Mr.t_2

Wow many many thanks for the additional info coupon-mad. I shall adjuat my letter and add the information. I'll post the letter out tomorrow now incase i remember any extra details which may work in our favour.