PCN from ES Parking Enforcement

northernt01

UPDATE: Case was discontinued 2 days before court hearing

NTK from ES Parking Enforcement

'Permit Holders Only' Sign

Coupon-mad

See my signature below for where to click (you should have read the top thread 'NEWBIES PLEASE READ THESE FAQS FIRST' rather than clicked 'new thread' first).

ES Parking use Gladstones to (very badly) attempt court claims, so get ready for a court defence later this year. We win almost all of them and this is NOT an excuse for you to get scared and pay, ''for an easy life'' (yawn, no!). You can do this, you are in the right place.

DO NOT SPONSOR & FUND THIS SCAM AGAINST THE NEXT VICTIMS.

See the NEWBIES thread for the challenge to send but it won't go away till the fat Judge sings.

NorthWestITConsultant

I've been dealing with ES Parking scumbags for the last year. I'll help as much as I can. There are others on these forums who I'm sure will also be willing to help. Make sure to read through all the other threads which deal with similar cases so you know how to beat them

Coupon-mad

Yes the advice in the NEWBIES thread is current, so follow what it says for IPC firms.

northernt01

the signage at the site states that 'breach of any term or condition will result in the driver being liable for a parking charge of £100'. can they still claim against the registered keeper even though the sign only states the driver?

Coupon-mad

Yes if they follow the POFA 2012 and the signage is deemed 'adequate notice' of the £100 charge. Because it is true to say that the liability lies with the driver at the time of parking (if the signs are clear and the PPC has the authority, etc).

Liability can only be transferred to the keeper weeks later, in a Notice to Keeper. Either wait for that to arrive, OR send the template appeal from the NEWBIES thread within 15 -18 days of the windscreen PCN (not NOW, not too soon, forget the 14 day *discount* bribe!).

And remember that ES Parking use Gladstones to (very badly) attempt court claims, so get ready for a court defence later this year.

Mainly remember that we win almost all of them and that this scam industry is simply not worthy of your 'help I'm scared' money!

northernt01

Hi,
A letter before claim has been issued in this case. I have read over the newbies thread and also pepipoo but I'm struggling with how to construct my response as I can't find a case that is similar to mine

Any help much appreciated
Thanks

Fruitcake

Did you appeal the notice to driver as advised or did you wait and then appeal the NTK?

You need to go back to the NEWBIES which covers your case exactly, and follow the link by bargepole on how to deal with court. This takes you through a step by step guide on what to do and when, and also filling out some of the forms.

You need start by robustly responding to Gladrags. Do a "search this forum" for ES parking, gladstones, and LBC etcetera. You should find plenty of other cases similar to yours.

northernt01

I did not appeal at either stage which I'm guessing will not help my case now. I will go back over the threads and construct a response.

nosferatu1001

Post it here for critique
Stop presumign you need an exact match. This is always predicated on contract law, so will always have points to challenge - standing to offier contracts, signage being unable to offer a contract , and the core pricet erm (PCN charge) not being sufficiently prominent. You then add in, if required, lack of POFA compliance and as such the Keeper has no liability. If you can state at THIS point tha tthe Keeper and Driver are not the same individual, all the better!

northernt01

Will the response below suffice at this stage? by not appealing at the early stage will this reduce my chances of defending this?

Dear Sir

Ref : ****

I have received your Letter Before Claim dated xxxxxx.

I deny any debt to ES Parking Enforcement Limited

The driver is not identified in your letter and your client has failed to meet the requirements of The Protection of Freedoms Act to pursue me as keeper.

Please confirm as to how the alleged £100 charge was transparently communicated to the driver and how does your client evidence that sum was 'agreed', given that PCM's signs have been held by a court to be prohibitive.

You also cannot presume that I possess all the documents referred to in your letter. Please send me copies of all the documents sent by the client including the windscreen notice if one was attached to the vehicle.

When these are supplied, please also confirm whether the intended action is founded on a contractual charge, a breach of a contract or trespass.

Please confirm that your client's contract with the land-holder includes specific authority to take legal action and that this will be produced for the court.

How and where the alleged £60 'indemnity costs' were communicated to the driver, given that you would contend that £60 was not stated in any sign at that location.

A breakdown of how these indemnity costs arose and when they were added to the charge and proof that the sum of £60 was paid by your client and to whom and for what service.

When I receive the documents and your explanations I will be in a position to make a more detailed response, It would be unreasonable to proceed with litigation before you have clarified your client's cause of action.

I look forward to your response

Yours Faithfully