ES Parking Enforcement NTK response advice

claxtome

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

It probably wouldn't mention it - quite normal.
The signage is the contract. When you pay for parking and buy a ticket (or park in a free car park) you are agreeing to the contract and are effectively signing it.

Umkomaas

broughsupn wrote: »

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.

But you were intending to send this (as per your opening post) .....

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 Please provide proof that the picture of the out of date ticket on a car dash, is actually on the dash of my car.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.

Can you confirm that it is a P&D car park with a need to enter a VRM? ESPEL are often a ‘Permit Holders Only’ or ‘Tyre over the White Line’ outfit. Just checking your statement wasn’t just simply a copy and paste of Reggie’s without thorough proof reading.

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.

If you use the template appeal from the NEWBIES FAQ sticky, post #1 without changes, you won’t make basic spelling errors.

If you’re multiple threats of court action against me do materialize and I am successful in defending the charges

broughsupn

Umkomaas wrote: »

Can you confirm that it is a P&D car park with a need to enter a VRM? ESPEL are often a ‘Permit Holders Only’ or ‘Tyre over the White Line’ outfit. Just checking your statement wasn’t just simply a copy and paste of Reggie’s without thorough proof reading.



If you use the template appeal from the NEWBIES FAQ sticky, post #1 without changes, you won’t make basic spelling errors.

Sorry I seem to have confused things somewhat, to answer your question, it is a pay and display car park, I have a valid pay and display ticket with the cars reg for the time of the alleged offense.

In light of the advice given, and to avoid my causing any further confusion I will send the template appeal verbatim as suggested.

Thanks

Umkomaas

broughsupn wrote: »

Sorry I seem to have confused things somewhat, to answer your question, it is a pay and display car park, I have a valid pay and display ticket with the cars reg for the time of the alleged offense.

In light of the advice given, and to avoid my causing any further confusion I will send the template appeal verbatim as suggested.

Thanks

So what ‘offense’(sic) are they alleging?

broughsupn

Umkomaas wrote: »

So what ‘offense’(sic) are they alleging?

From the NTK

"Reason of issue: Did not pay and display a pre paid voucher or place it in view..

The driver of the above vehicle is liable for a Parking Charge in the above amount which, at the date of this notice, remains unpaid in full and for which the Balance Due remains outstanding."

Only amount "due above" is £100.00 in a box titled PARKING CHARGE DETAILS with the car details and time / date of issue.

They have a picture of an out of date parking ticket with my car's registration on, for the same car park that was on the dash of a vehicle.

nosferatu1001

Was the valid P&D ticket displayed?

broughsupn

nosferatu1001 wrote: »

Was the valid P&D ticket displayed?

I have no proof it was, I was not the driver (I can prove I was elsewhere at the time ) and did not purchase the ticket, or place it in the car. Due to an incident our son had regarding parking a few years ago we always now keep our old car parking tickets in our cars for a few weeks that is why I have it.

Their photos of the car only show part of the dash so it may have been on there, or it may have been elsewhere in the car, they just didn't see it or bother to look when they thought they had a result.

Also as an aside which may be relevant, the main signs in the car park say must display a valid ticket or words to that effect. These signs are about 10ft up lamp posts, underneath in very small writing that can hardly be read it says "displayed on dash"

Quentin

Keeping tickets "few weeks" isn't long enough!

(,Bearing in mind that they have 6 years to pursue legal action against you)

broughsupn

Umkomaas wrote: »

If you use the template appeal from the NEWBIES FAQ sticky, post #1 without changes, you won’t make basic spelling errors.

Just trying to make sure I get this right, has the appeal template for IPC members been changed recently, some of the information in it previously appears to have been cut and some of the wording changed to this.


Dear Sir/Madam,

Re PCN number:

I am the keeper of the vehicle which received this purported 'parking charge'. There will be no admissions as to who was driving and no assumptions can be drawn. I am not liable and I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Your unremarkable and obscure signs are in small print and the onerous terms are not readable.

Should you fail to cancel this PCN immediately, I require the following information with your template rejection:

1. Does your charge represent damages for breach of contract? Answer yes or no.
2. Please provide dated photos of the signs that you say were on site, which you contend formed a contract.
3. Please provide all photographs taken of this vehicle.

I am alarmed by your contact and I do not give you consent to process any data relating to me, or this vehicle. I deny liability and will not respond to debt collectors. You must consider this letter a Section 10 Notice under the DPA, and should you fail to respond accordingly, your company will be reported to the Information Commissioner.

I have kept proof of submission of this appeal and will also be making a formal complaint to your client landowner.

If you are a current BPA member, send me a POPLA code. If you are an IPC firm, cease and desist with all contact.

Yours faithfully,



As I don't know who the client landowner is, should it also contain as previously,

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

KeithP

Yes, the text was changed last night.

Use either version unchanged, but preferably the 'new improved' one.