ES Parking Enforcement NTK response advice

broughsupn

Hi,

Looking for advice on my response to a NTK letter, is this OK? Thanks Reggie :-

Dear ES Parking Enforcement LTD

Re PCN number:

I have received your NOTICE TO KEEPER ‘NTK’ letter, I am the keeper of the vehicle, and the address you have used is the correct one for the owner. I am aware of your purported 'parking charge'. I was not the driver of the car on the date in question I cannot say who was driving. I require the following information so that I can make an informed decision on how to proceed.

1. Your letter clearly states “The driver of the above vehicle is liable for a Parking Charge” As I have stated I was not the driver of the car, I have documented proof of this fact. I cannot say who the driver was as it could be one of several people. As your letter states “The driver of the vehicle is liable” why are you harassing me as again I was not the driver?

2. Who is the party that contracted with your company and are they the landowner?

3. Is your charge based on damages for breach of contract? Answer yes or no.

4. I have viewed the photos of my car on your website, none show the clear signs that you say in your letter were on site, please supply a copy of photos of these signs. Please provide proof that the picture of the out of date ticket on a car dash, is actually on the dash of my car. As from the picture I have seen on your website it could be the dash of any car.

5. Please confirm the photos of my car on your website are all photographs taken of this vehicle.

6. I have visited the parking site in question and noticed it is a requirement to enter your car registration number to receive a paid for parking ticket. Please provide proof that the timing of any camera used to take pictures of the parking ticket and my car, that were uploaded to your website, or any timer used was synchronized with all other cameras and/or systems & machines / ticket machines. Please also provide evidence that the timing / date on the camera used are verified, independently calibrated and accurate.

7. As already mentioned above, you have to enter your cars registration number in order to obtain a parking ticket from one of your machines, therefore, you should have a record of all such transactions. Please confirm that no valid ticket for my car registration was issued by one of your machines covering the time
8. Your letter mentions a couple of times, in one case highlighted in red “additional charges arising from debt recovery and / or court action may be incurred.” Please do not send debt collector letters and do not add any costs, which would be a thinly-veiled attempt at 'double recovery'. 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.

9 Please confirm you are still a member of the IPC.

You have obtained the registered keeper's data from the DVLA (therefore if you do not fully comply with the IPC Code of Practice in terms of signage at this site, as seems likely based on my research) please take this as formal notice that I reserve the right to pursue your company and the landowner/principal, for a sum not less than £250 for any Data Protection Act breach.

Your aggressive business practice and unwarranted threat of court for the ordinary matter of a driver using my car without causing any obstruction nor offence, has caused significant distress to me. I do not give you consent to process data relating to me or this vehicle.

I am keeping a documented record of all time, expenses and stress, in dealing with this matter. If you’re multiple threats of court action against me do materialize and I am successful in defending the charges, which my research on previous cases involving similar scenarios leads me to believe I will be, I will be seeking to recover these costs from your company.

I deny liability for any sum at all and you must consider this letter a Section 10 Notice under the DPA. You are required to respond within 21 days. I have kept proof of submission of this letter and look forward to your reply.

Yours faithfully,

KeithP

Is this related to your other thread from early December?

Conflicting advice on if the car owner is responsible for a PCN


You would be wise to remove your car's reg no from your post.

Quentin

The ppcs monitor this forum and can use your posts against you


You need to edit out details in your post that identify you (exact times/reg number/name etc)


Everyone is politely asked to read up on this in the newbies faq thread near the top of the forum before posting


Go there now for advice on initial appeals to IPC companies (there is a template letter there, and note that appeals are futile - the template is intended to show a court in the future, (should it come to that), you didn't simply ignore the issue

broughsupn

KeithP wrote: »

Is this related to your other thread from early December?

Conflicting advice on if the car owner is responsible for a PCN


You would be wise to remove your car's reg no from your post.

Sorry thought I had removed everything thanks.

KeithP

Starting a new thread makes it more difficult for others to find background information. Some helpers may decide not to bother to try.

You should ask a board guide to merge your two threads.

KeithP

Your old thread fizzled out when you were about to send the template appeal from the NEWBIES thread.

You never confirmed you sent it.

You didn't report any response.

broughsupn

Quentin wrote: »

The ppcs monitor this forum and can use your posts against you

KeithP wrote: »

Starting a new thread makes it more difficult for others to find background information. Some helpers may decide not to bother to try.

You should ask a board guide to merge your two threads.

I was a little naive in my first thread as this is the first time I have had to deal with anything like this.

Keith, I fully appreciate yours comments, on reflection, the first thread was started by me in a panic somewhat prematurely, and contained information that a monitoring ppcs may have used against me so thought it prudent to start a new thread in response to the NTK.

KeithP

So did you send an earlier appeal?
If so, have you received a response?

broughsupn

KeithP wrote: »

So did you send an earlier appeal?
If so, have you received a response?

No appeal sent yet, I received an NTK letter on Friday as I am the owner of the car.

KeithP

Then I would suggest you send the template appeal from the NEWBIES thread - unchanged.

broughsupn

KeithP wrote: »

Then I would suggest you send the template appeal from the NEWBIES thread - unchanged.

Thanks, it was just some of it did not seem relevant for example "Please provide photos of the signs that you say were on site, which you contend formed a contract with the driver."

There does not appear to be any mention of a contract on my NTK letter.