Spinningfields, manchester ES Parking Enforcement Ltd Gladstones Court claim defence

Sparklepower

Hi all,

I am hoping you can help me. I received a parking fine from ES Parking Enforcement Ltd through the post in May for parking in Spinningfields (like other forum users) next to the peoples history museum. The road isn't clealry signposted - i believed that it was a public road and I was parked in a break of the yellow lines. I now have a court claim form and am writing my defence. I just wanted to see if there was any advice for what I have written. I have read through what seems like thousands of topics on this but my head is still struggling to get round everything! I have photos of the street in many different views. Cars continue to this day to park where my car was photographed which indicates to me that the signage still isn't clear enough (there is not any signs at all on the side of the road that I was parked on).

Many thanks in advance xxx

My defence….

The Defendant denies any liability whatsoever to the Claimant.

There is no clear signage to indicate that the road that the vehicle was parked on was on private land.

The vehicle was parked on a break in double yellow lines within the road. As other vehicles were parked in the same area it is clear that the signage is not deemed acceptable to follow.

If the Claimant is intending to pursue this claim against the Defendant on the basis that the Defendant is the registered keeper then the Claimant has failed to show that the conditions for recovering this charge under Schedule 4 of the Protection of Freedoms Act 2012 have been met. The Defendant disputes that any of the conditions necessary for a claim to be pursued against the keeper of the vehicle have been met.

No evidence has been provided to show a valid Notice to Driver was given to the driver in accordance with Paragraph 7, Schedule 4 of the Protection of Freedoms Act 2012.

Where a Notice to Driver was given no evidence has been provided to show that a valid Notice to Keeper was served in accordance with Paragraph 8, Schedule 4 of the Protection of Freedoms Act 2012.

It is believed that the Claimant has no standing to bring this claim. The proper Claimant is the landowner. The claimant has failed to establish their legal right to bring a claim either as the landholder or the agent of the landholder. Strict proof is required that there is a
chain of contracts leading from the landowner to ES Parking Enforcement Ltd. The Defendant claims that the Claimant does not have the authority to issue charges on this land in their own name and that they have no locus standi to bring this case.

The Claimant did not display clear signs within the site that were capable of being read and/or form a contract. There is no prominent signage at the entrance of the street or on the street itself particularly where the vehicle was parked . Other signs are raised high up with small text which is difficult to read. The signage is not lit. The amount of charge is non prominent in the wording on the signage.

The signage did not meet the British Parking Association (BPA) Code of Practice or the Independent Parking Committee (IPC) Code of Practice. The Claimant was a member of the IPC, whose requirements they also did not follow. Therefore no contract has been formed with driver and the notices do not provide the 'adequate notice' of the parking charge which is mandatory under Schedule 4 of the POFA.

There are no parking cameras in this location and therefore the photo supplied of the vehicle was taken manually, close to the vehicle which amounts to predatory tactics as previously documented in the media in this area of Manchester.

The Defendant also disputes that the Claimant has incurred £50 solicitor cost. The Particulars of Claim are incompetent in disclosing no cause of action.

The Claimant has not complied with the pre-court protocol. The Particulars of Claim contains no details and fails to establish a cause of action which would enable the Defendant to prepare a specific defence. It just states “parking charges” which does not give any indication of on what basis the claim is brought. There is no information regarding why the charge arose, what the original charge was, what the alleged contract was nor anything which could be considered a fair exchange of information. The defendant contacted the claimant's solicitors requesting information on the parking charges as a Part 18 Request for Further Information. The claimant has not responded. The defendant therefore asks that the court orders the case to be struck out for want of a detailed course of action and/or for the claim as having no prospect of success.

Images attached to this defence include google street views and personal pictures of the site. It is noted that vehicles continue to park in this area which indicates that the signage is still not clear to other road users.

Coupon-mad

You do not attach images to the defence at this stage, that's for later, you will mention the exhibits in your full defence/witness statement to be served to the claimant and the local court some weeks before a hearing date. Then you bring printed out copies of those photos (in triplicate, for ease of handing out evidence for all parties to see) at your hearing.

Your defence needs to have each point numbered.

Bargepole gives this advice about posting a well-set out written defence:

https://forums.moneysavingexpert.com/discussion/comment/71228944#Comment_71228944

...and it has been said before that double line-spacing and Times New Roman (minimum font size 12) is apparently considered to be clearest way to set it out for a Judge to read quickly and easily.

HTH

Sparklepower

Thank you so much. Really appreciate your reply x

System

Contact this lot. (http://www.capitalpropertiesltd.com/) They hired them.

If you are really annoyed pay £25 and counterclaim against Capital for "nuisance" and negligence in their hiring of this company.