ES Parking Enforcement Ltd. Spinningfields

rik11

I received a private PCN from the company above in Manchester Spinningfields on 7/7/16

Situation very similar to that written here on moneysavingexpert post (showthread.php?t=5465811) (sorry cannot post links)

As per the Newbies advice thread, I have waited until the first NTK which I received on 12/8/16.

As the company is listed on IPC but not BPA, I have responded with the relevant template letter provided (as below) on 19/8/16.

I am now awaiting their response.

I will update the thread upon receipt of correspondence from ESPEL. If anyone has anything to add at any time, please do so.

Cheers.


Dear ES Parking Enforcement Ltd.

Re PCN number:

I am not ignoring your charge for a purported parking infraction. As this is purely a charge, issued under an alleged contract and the driver has not been identified, I require the following information so that I can make an informed decision:

1. Who is the party that contracted with your company? I require their contact details.
2. What is the full legal identity of the landowner?
3. As you are not the landowner please provide a contemporaneous and unredacted copy of your contract with the landholder that demonstrate that you have their authority.
4. Is your charge based on damages for breach of contract? Answer yes or no.
5. If the charge is based on damages for breach of contract please provide your justification of this sum.
6. Is your charge based on a contractually agreed sum for the provision of parking? Answer yes or no.
7. If the charge is based on a contractually agreed sum for the provision of parking please provide a valid VAT invoice for this 'service'.
8. Please provide a copy of the signs that you can evidence were on site and which you contend formed a contract with the driver on that occasion, as well as all photographs taken of this vehicle.

If you believe you have a cause of action, send a Letter before Claim within the next 21 days and I will take advice and will respond.

However, in my opinion, there is a better alternative than legal proceedings, namely that we utilise the services of a completely independent ADR service suited to parking charges. This does not include the IAS appeal service - which lacks any transparency and possibly any independence from the IPC - unlike the alternative offered by the British Parking Association, POPLA, which is transparent and has been shown to be independent.

Do not send debt collector letters and do not add any costs or surcharges. I will not respond to such contact and to involve another firm would be a failure to mitigate your costs which are not my liability because the POFA 2012 can only potentially hold a registered keeper liable if certain provisions have been met and even then, the 'amount of the parking charge' is the only amount pursuable.

Yours faithfully,

Redx

its really great to see a post where somebody has took the time and trouble to read the forum, check the facts , research the topic , find previous advice and follow it

congratulations and I wish you well

if you can do what you have done , although it may take some effort you stand a good chance of seeing off those idiots at ES over this manchester centre sc@m

The_Deep

Well done. If they fail to address all of these questions, (which is highly likely), should it get to court, they would have little chance of convincing a judge that they have a case.