ES parking enforcment

Llewelynlad

Hi.
I have looked through all the advice and there are, i think, a few differences in my case.
If anyone can help i'd be grateful.
25th June parked outside a closed shop at 9:30 AM for 20 minutes
Get a PCN through the post (Not NTK) dated 24th July. No notice put on the car. My company is the keeper
Tried the online appeal. it wont allow as its older than 21 days!
Main objection is that the charge does not represent their loss as the shop was closed!
Many thanks in advance

Fruitcake

I can't see any difference between your case and the vast majority of cases we see here every day.

To whom was the PCN sent? If it was sent to the keeper then by definition it is a NTK.

What was the date the keeper appealed? The keeper did appeal didn't they, (the day to day keeper or the registered keeper) not the driver? Please tell us the driver didn't appeal.

No loss is a dead duck since the Beavis case in the Supreme Court in 2015.

Since the PPC is an IPC member that's all you can do now except wait to see if real court papers arrive.

All the information you need is in the NEWBIES about what happens next.

Llewelynlad

The notice arrived 27th July and was sent 24th July. The keeper is my company. I (as a director) tried to appeal this morning online. It wont let me as it says its older than 21 days.

The notice does not refer to IPC at all except in the useful info section at the rear. It refers to IPC in respect of appealing. . It does display the BPA logo on the front of the notice.

I'll look through the Newbie stuff.

Thanks for your help

Redx

the BPA logo is the corporate member logo, not the AOS logo

they are IPC members , so send in the IPC template appeal , not naming the driver, in response to the postal pcn (this is the NTK)

they are unlikely to cancel, so then its front it out for 6 years and only respond to an LBC or an MCOL in the post (not debt collector letters)

your case is no different than all the other IPC cases on here

ES PARKING are listed on the IPC AOS website (look it up) and have been so for 2.5 years

Guys_Dad

In a case like this,I believe it wrong to make a mountain out of a molehill. For POFA to make the Registered Keeper liable, they must get the NtK to you within 14 days if no windscreen ticket. If not, then no keeper liability, so no admission as to who was driver.

As your company is the keeper, then it makes it even more difficult for them to try to make the assumption as to who was driving.

Appeal as director and Keeper, stating that it is a company vehicle with multiple drivers and, after nearly a month, it is impossible to remember who was driving at the time. As they failed to adhere to the POFA timescales (read up on it), they can not pass liability to the Registered Keeper.

"Cancel notice or see you in court"

Llewelynlad

Last correspondence from these people was in September last year. Quite prepared to go to court as very confident on a win. We moved business premises in October 2017 mail divert until May this year.

Judgement for ES Parking as we didn't reply to the claim form! Claim has been made around a year later and gone to our old address.

Anything to be done? i'm extremely cross as i was quite prepared to see them in court. Its the principle isn't it.

Coupon-mad

Set aside, as explained in the 2nd post of the NEWBIES FAQS thread.

Llewelynlad

Thanks Coupon-Mad I hate to say this but its less hassle just to pay it!

Thanks

Coupon-mad

Well, think hard about those options.

If you ignore it you are open to a bailiff knock one day, if the C decides to enforce it.

''Paying it'' leaves a CCJ on your records for 6 years. Does your company want a wrecked credit rating (a satisfied CCJ is still a blight)?

I think setting it aside and reclaiming the set aside fee (as people do here all the time) is worth the time, and as you say, it's also the principle. It costs £255 up front - a couple of forms and a short hearing - search set aside draft order £255 and you will find loads of successful threads and some where the Judge ordered the court fee to be refunded by the meritless claimant.

Castle

Llewelynlad wrote: »

Last correspondence from these people was in September last year. Quite prepared to go to court as very confident on a win. We moved business premises in October 2017 mail divert until May this year.

Judgement for ES Parking as we didn't reply to the claim form! Claim has been made around a year later and gone to our old address.

Anything to be done? i'm extremely cross as i was quite prepared to see them in court. Its the principle isn't it.

Did you change the Company's registered address at Companies House?

Llewelynlad

''Paying it'' leaves a CCJ on your records for 6 years. Does your company want a wrecked credit rating (a satisfied CCJ is still a blight)?

Not if paid within one month of the judgement. The entry is cancelled