ES Parking Enforcement NTK response advice

claxtome

Here is a well written defence to a similar case, not the same as yours:
https://forums.moneysavingexpert.com/discussion/5851168/es-parking-ias&page=5#92

The main difference between their case and yours is they have admitted to being the driver. In yours you don't know who the driver is so you are defending as the keeper.

broughsupn

Well after around 4 months they have come back, they continue to avoid answering my questions. I would like some advice on answering the following and even if it is worth answering. They first wrote to me in Jan 2018 so this has now been going on for quite some time.

[FONT=&quot]From Gladstone[/FONT]
[FONT=&quot]
[/FONT]
[FONT=&quot]We respond as follows;[/FONT]

[FONT=&quot]As the charge was not paid within the specified time frame you are in breach of contract. Breach of contract entitles the innocent party to damages as of right in addition to the parking charge incurred. As you didn’t pay the charge the matter was passed to us and the debt has, as a result of this referral risen as our client’s staff have spent time and material facilitating the recovery of this debt. This time could have been better spent on other elements of their business. Our client believes the costs associated with such time spent were incurred naturally as a direct result of your breach and as such claims them as a damage. The costs are a pre-determined and nominal contribution to the actual losses. [/FONT]

[FONT=&quot]Proposed response[/FONT]
[FONT=&quot]Firstly, the charge was not paid as I sent in an appeal (letter on 31/1/2018 mentioned above). Your client then dismissed my appeal but failed to notify me they had, against the IPC code of practice, and also taking away any possibility of my using an independent appeals process which your clients own PCN letter advised I was entitled to do. So, any further costs at that point came about as a result of your clients actions not mine.[/FONT]

[FONT=&quot]Secondly, the addition of an extra £60 by your client on their invoice to me is directly against [/FONT][FONT=&quot]The Protection of Freedoms Act 2012, Schedule 4, at Section 4(5). I have also asked on numerous occassions, for a calculation and an explanation of how this amount was arrived at on your clients’ invoice, as it appears to be an attempt at double recovery.[/FONT]

[FONT=&quot]Alternatively, our client does have a right to costs pursuant to the sign (i.e. the contract).[/FONT]

[FONT=&quot]As the contract is between you and our client, our client does have the authority to enforce parking charges. B[/FONT][FONT=&quot]oth VCS v HM Revenue & Customs (2013) and Parking Eye v Beavis (CA 2015) made it clear that a contracting party need not show they have a right to do what they have promised in the performance of any other contract, nor is (in the case of a parking operators) the agreement between Operator and Landowner of any relevance. In any event, and without concession, our client did have authority from the landowner to operate on the land.[/FONT]

[FONT=&quot]Proposed response[/FONT]

[FONT=&quot]I have no idea if the above is correct so proposed answering with the following :-[/FONT]

[FONT=&quot]If your client has the authority, then it should be no problem providing me with evidence of that authority.[/FONT]

[FONT=&quot]You have requested information about cameras and the pay machine, please be advised that our client is a member of the International Parking Community (IPC) which requires them to comply with their Code of Practice, as such, please specify the reason for your request and evidence in support.[/FONT]

[FONT=&quot]The reason is simple, I have told you on numerous occasions, and sent you as proof a copy of a valid parking ticket for the time covered by your clients PCN to me, I am the registered keeper of the car but did not park it, do not know beyond reasonable doubt who parked it, as I was not in the car when it was parked. However, I can see no valid reason why whoever parked the car would buy a valid ticket but then display an old invalid ticket in the car’s windscreen, it does not make any logical sense. So my only conclusion is that the dates / times on your clients camera and the pictures from it, have somehow got mixed up and therefore I need strict proof that the camera that took the picture was calibrated and checked on the day of the alledged contract breach, with documentation to prove it was showing the correct time and date on that day.[/FONT]

[FONT=&quot]We trust the above explains our Client’s position in relation to why the debt is outstanding and in view of the evidence itself, it is our Client's position that the sum of £160 remains outstanding within 60 days from the date of this correspondence. In the event that neither a substantive response nor payment is made within this time-frame our Client may elect to issue legal proceedings without further notice.[/FONT]

[FONT=&quot]I appreciate you have given me another 60 days before electing to issue legal proceedings but to be quite frank this offer makes no difference to me as I am already anticipating having to go to court. I have great faith in our judicial system, and I believe a very strong case.
[/FONT]

[FONT=&quot]This issue has now been going on for almost 18 months. It has taken up a considerable amount of my time and energy, repeatedly having to ask the same questions to help my defence, only to repeatedly have them unanswered. At present the time I have spent on this issue, amounts to a documented 27 hours, at £20 an hour (which is a figure I believe the courts allow a defendant to claim in costs if they are successful in a case, and [/FONT][FONT=&quot]a [/FONT][FONT=&quot]nominal contribution of my actual losses.)[/FONT][FONT=&quot] amounts at present to £540, I expect this figure to increase.[/FONT]

Coupon-mad

Very good.

Odd that they are giving you 60 days, an have really dragged their feet to reply, almost as if they are unsure of their position!