ES Parking Enforcement Ltd Appeal (I bought a ticket!)

ianwillo

Hi All,

I bought a ticket at a car park and come back to a PCN from ESPEL. As well as the ticket saying i can view the evidence online - which I cant - I actually bought a ticket but it looks like it blew off once i closed the door. Ive adapted the letter in the sticky thread to that of below, can anyone provide any advice?

And i did only get this PCN on Friday (18/11).

Thanks in advance!

---

Dear ES parking Enforcement Limited,

Re PCN number:

I am not ignoring your charge for a purported parking infraction. As the driver has not been identified, and a valid pay and display ticket was clearly paid for and placed in the window screen at the time the vehicle was left 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 and the full identity of the landowner.
2. Is your charge based on damages for breach of contract? Answer yes or no.
3. If the charge is based on damages for breach of contract please provide your justification of this sum.
4. Is your charge based on an agreed 'fee' for the provision of parking? Answer yes or no. If so, please provide a valid VAT invoice for this 'service'.
5. 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.

Do not send debt collector letters and do not add any costs which would be a thinly-veiled attempt at 'double recovery', specifically prohibited by the POFA 2012 Schedule 4. I will not respond to debt collectors and to involve a third party would be a failure to mitigate your costs as well as deliberate and knowing misuse of my data. For the avoidance of doubt, I do not consent to my data being shared or processed by you or your agents.

I contend you have failed to establish keeper liability. So, to continue to process my data now that you have exhausted your only DVLA-allowed purpose (i.e. to invite me to name the driver, which I decline outright) would be wholly unreasonable and contrary to the Data Protection principles. To share, sell, store or process my data at all now you are aware that you have no further excuse or reasonable cause, will be data misuse and I will report you to the Information Commissioner.

I deny liability for any sum at all and you should consider this letter a Section 10 Notice under the DPA. You are required to respond within 21 days.

Yours faithfully,

Fruitcake

If you are going to include the bit about the driver buying a ticket, then you should also say it is obviously not fit for purpose because it as not self adhesive.
If you go back through some of the recent Parking-Prankster blogs you will find a court case where a judge actually says this.

Otherwise the template is ready to send, but not yet. You need to wait until as near as possible to the appeal deadline which will be either 21 or 28 days. You need to check. The NEWBIES thread explains why.

This is the item listing the court case I mentioned above from the Parking-Prankster's blogspot.

Gladstones pick Link Parking's pocket twice. Claim dismissed for upside down ticket

C8GF30W7 Link Parking v Mr H. !14/11/2016 Port Talbot!

Mr H parked and purchased a valid ticket which he displayed on the dashboard. When he returned to his car he found a parking charge because at some time the ticket had turned upside down. This was the second hearing. The first was adjourned.

The judge dismissed the claim. He ruled that it was the responsibility of the parking company to provide sticky backed tickets and that he had already thrown out 6-10 of these type of cases which Link Parking had brought.

You should definitely add this to your letter. Different parking company, but we now have evidence of over half a dozen cases that would be persuasive to another judge if the PPC are stupid enough to try court.

ianwillo

Thanks Fruitcake for the info!!!

Would you still wait the 21 days before appealing, or just go for it with the below?

Thanks

Marktheshark

Why would you disclose fact that are of use to the claimant.
It is part of a defence to conceal undisclosed certain facts.
Parking firms would be bankrupt if they did not.

State your purchased and displayed the ticket and include a copy of the ticket AND SHUT UP !

ianwillo

Marktheshark wrote: »

Why would you disclose fact that are of use to the claimant.
It is part of a defence to conceal undisclosed certain facts.
Parking firms would be bankrupt if they did not.

State your purchased and displayed the ticket and include a copy of the ticket AND SHUT UP !

Sorry Marktheshark, not sure what you mean?

ianwillo

Hi All,

Just been reading the newbies thread. On my PCN my appeal must be received within 21 days, but the thread says;

In the case of AOS MEMBERS ONLY, AS LONG AS THEY ARE NOT BANNED FROM GETTING DVLA DATA appeal online or by email at around day 26 after a windscreen PCN but as the KEEPER, not driver, using the template below.

They are part of the IPC.

Should i appeal before 21 or 26 days?

Thanks

ianwillo

Oh and i have also added this to my letter should i need to send if anyone can comment?

I am not ignoring your charge for a purported parking infraction. As the driver has not been identified further information is required from yourself so that an informed decision can be made. Please review the details below and provide confirmation that the PCN has been appealed successfully.

You should also be aware that;
1. A valid pay and display ticket was clearly paid for and placed in the window screen at the time the vehicle was left

2. It has not been possible to view the photographic evidence online, as stated in your PCN as there is no link to do so

3. Please review case C8GF30W7 Link Parking v Mr H. !14/11/2016 Port Talbot! which a claim was dismissed due to a ticket that had turned upside down. The judge dismissed the claim and ruled that it was the responsibility of the parking company to provide sticky backed tickets and that he had already thrown out 6-10 of these type of cases.

If you decide not to uphold the appeal, please provide the following information;

1. Who is the party that contracted with your company? I require their contact details and the full identity of the landowner.............(standard template from here)

Umkomaas

You appeal exactly as defined in the PPC's NtK. Both timescale and the medium by which the appeal is to be made. If by post, use first class with free certificate of posting.

What you've added creates no problems for you, but won't alter the fact that your appeal will in all likelihood be rejected. You will need to adjust the numbering in the letter as you now have two sets of paras 1, 2 and 3.

Fruitcake

ianwillo wrote: »

Hi All,

Just been reading the newbies thread. On my PCN my appeal must be received within 21 days, but the thread says;

In the case of AOS MEMBERS ONLY, AS LONG AS THEY ARE NOT BANNED FROM GETTING DVLA DATA appeal online or by email at around day 26 after a windscreen PCN but as the KEEPER, not driver, using the template below.

They are part of the IPC.

Should i appeal before 21 or 26 days?

Thanks

If they give you 21 days, then you should appeal just before that date. If you appeal after 21 days they will probably tell you that you are too late to appeal. It won't matter because it will be rejected, but if the scammers decide to go to court you can at least show you were reasonable and tried to resolve this with the PPC.

Coupon-mad

Yes, appeal a bit earlier so you are sure they get it before day 21 then.

If they write and ask who was driving, don't tell them. They won't cancel this but the point is to challenge it with reasonable wording asking questions as keeper. Then ignore.