ES Parking IAS

Tabz123

Here are some of the replies I received after messaging my councillor and Sir Knight...

Slightly disappointing...

RESPONSE FROM COUNCILLOR:

'Dear XXXX - I did try to contact them but received no answer.

Your local MP is Graham Stringer, who can be reached via 0161 202 6600 and graham.stringer.mp@parliament.uk

One other avenue you may wish to try (as well as your own legal advice) is sending your grievance to Trading Standards, who may look into the practices of this company in relation to how it conducts its business based on your complaint. The email contact is trading_standards@manchester.gov.uk

Regards'



RESPONSE FROM SIR KNIGHTS OFFICE


'Dear XXXX

Thank you for your email and I am sorry to hear of the problems you have had with a private parking company.

Although Sir Greg is steering his Private Member!!!8217;s Bill through the House of Commons, due to parliamentary protocol, he is not able to take up individual cases on behalf of people who do not live in the area he represents.

If therefore, you need any further help or assistance with your own particular case, you should contact your own Member of Parliament, who I am sure will be pleased to assist you.

Regards'

Umkomaas

I wouldn't regard the Sir Greg Knight response as 'disappointing'. He was never going to take up your personal case (that is for your local MP), but you can be sure that appraising him of your run in with the PPC will have added weight to the case he is making in his Private Member's Bill - you are fighting a battle, Sir Greg is fighting a war.

Tabz123

Hi All,

I just wanted to provide an update on this matter. So going back to the original case of the overturned ticket, ES have now sent an impressive looking final demand letter with a pretty red 'final demand' mark.

The price now up to £125. They threaten of debt recovery and court case. The court case I await but surely they can't send debt collectors round without a potential CCJ? Please advise...

Furthermore, they have sent pictures of a cars screen the propose to be mine. However this could be any vehicle and they have already been presented with the copies of my ticket that they are aware I purchased and possess.

Is the next plan to sit and wait...???

KeithP

Did you ever get as far as reading post #4 of the NEWBIES FAQ sticky thread?

Coupon-mad

Send a complaint to your own MP if you have not already, and include this line (in the link below) to cast doubt in their mind if nothing else (we NEED to start playing dirty):

https://forums.moneysavingexpert.com/discussion/comment/75001291#Comment_75001291

Please include that suggested sentence by waamo...

BTW, you do realise from reading multiple threads like yours on the forum, we hope, that ES Parking might end up filing a Gladstones claim? And you will know that we have 99% win rate with coached/defended cases.

Tabz123

KeithP wrote: »

Did you ever get as far as reading post #4 of the NEWBIES FAQ sticky thread?

Hi, yes I did review it and mentions that any debt collector letters should be ignored unless your wanting to give a firm response back to them (which they will likely ignore)...

Tabz123

Coupon-mad wrote: »

Send a complaint to your own MP if you have not already, and include this line (in the link below) to cast doubt in their mind if nothing else (we NEED to start playing dirty):

https://forums.moneysavingexpert.com/discussion/comment/75001291#Comment_75001291

Please include that suggested sentence by waamo...

BTW, you do realise from reading multiple threads like yours on the forum, we hope, that ES Parking might end up filing a Gladstones claim? And you will know that we have 99% win rate with coached/defended cases.

The below is the letter I have emailed 'Lucy Powell' whom is the MP for Manchester's Central Constituency:

Dear Lucy

I hope you are well and in the best of health.

I am emailing you in the hope that you can take receipt of my complaint and provide some guidance as this matter has not reached conclusion and is causing me great stress and difficulty. I am contacting you as a resident of Manchester for which area I believe you are our local respected councillor.

A vehicle for which I am the registered keeper had the misfortune of being parked in CCP Parking Gould Street, Manchester. The car park is administered by ES Parking Enforcement Ltd. As the keeper of the vehicle I have been bombarded with invoices to pay an illegitimate fine of first £60 and now £125 on the false premise that the vehicle did not have a valid ticket. A valid ticket was purchased for the vehicle by the driver and has subsequently been presented to the company, but they have chosen to ignore the evidence provided and are now threatening debt collection as well as legal action.

I attach a copy of the 'invoice' and the valid purchased ticket for your reference.

To date there has been much debate by MPs on the unregulated activity of parking companies and I request you to consider any remediation you may be able to offer in your capacity.

These are some of the comments made by the MPs in Parliament concerning the unregulated parking industry (Feb 2018):

https://hansard.parliament.uk/commons/2018-02-02/debates/CC84AF5E-AC6E-4E14-81B1-066E6A892807/Parking(CodeOfPractice)Bill

''Rip-offs from car park Cowboys must stop''; unfair treatment; signage deliberately confusing to ensure a PCN is issued; ''years of abuse by rogue parking companies''; bloodsuckers; ''the current system of regulation is hopeless, like putting Dracula in charge of the blood-bank''; extortionate fines; rogue operators; ''sense of injustice''; unfair charges and notices; wilfully misleading; signage is a deliberate act to deceive or mislead; ''confusing signs are often deliberate, to trap innocent drivers''; unreasonable; a curse; harassing; operating in a disgusting way; appeals service is no guarantee of a fair hearing; loathed; outrageous scam; dodgy practice; outrageous abuse; unscrupulous practices; ''the British Parking Association is as much use as a multi-storey car park in the Gobi desert''; and finally, by way of unanimous conclusion: ''we need to crack down on these rogue companies. They are an absolute disgrace to this country. Ordinary motorists and ordinary residents should not have to put up with this''.

Given some have criminal convictions it's not a far leap to say that they may be involved in funding crime. I would appreciate it, if you could help me in this matter.

My contact details are as follows:
xxx
xxx
xxx

I look forward to hearing from you.
xxxxx

Tabz123

As a final response to the ES deviants I was going to post the following response:

''Dear Sir/Madam:

Re PCN number: xxxxxx

I am not ignoring your charge for a purported parking infraction. As the driver has not been identified, I require the following information so that I can make an informed decision:

1. Who is the party that contracted with your company? I require their contact details and the full identity of the landowner.
2. Is your charge based on damages for breach of contract? Answer yes or no.
3. If the charge is based on damages for breach of contract please provide your justification of this sum.
4. Is your charge based on an agreed 'fee' for the provision of parking? Answer yes or no. If so, please provide a valid VAT invoice for this 'service'.
5. Please provide a copy of the signs that you can evidence were on site and which you contend formed a contract with the driver on that occasion, as well as all photographs taken of this vehicle.

I as the registered vehicle have already sent you images of the ticket that has been present in the vehicle by the driver at the time of the purported parking infraction. The fact that you choose to ignore this fact and have decided to pursue this matter will be duly noted in court. Any previous communications that have been sent to you (including this letter) will be used as evidence to affirm to the courts that you had knowledge of any purchased tickets, but without being able to identify any further losses you have incurred or in fact the identity of the driver, you continued to pursue this matter.

Do not send debt collector letters and do not add any costs which would be a thinly-veiled attempt at 'double recovery', specifically prohibited by the POFA 2012 Schedule 4. 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. For the avoidance of doubt, I do not consent to my data being shared or processed by you or your agents. I as the registered keeper have already sent you a request under GDPR regulations and await your response in line with the stipulated requirements of the ICO.

Please also note that this matter will also be bought to the attention of the MP of the respective constituency. This will be to ensure that the local MP is made aware of your firm's practices. In addition to contacting the MP, the land owner will also be contacted in due course.

I further contend that you have failed to establish keeper liability. So, to continue to process my data now that you have exhausted your only DVLA-allowed purpose (i.e. to invite me to name the driver, which I decline outright) would be wholly unreasonable and contrary to the Data Protection principles. To share, sell, store or process my data at all now you are aware that you have no further excuse or reasonable cause, will be data misuse and I will report you to the Information Commissioner.

I deny liability for any sum at all and you should consider this letter a Section 10 Notice under the DPA. You are required to respond within 21 days.''

KeithP

I as the registered vehicle have already...

Que?


(not to mention the split infinitive - repeated further down too)

Tabz123

KeithP wrote: »

Que?


(not to mention the split infinitive - repeated further down too)

Corrected attempt...

'Dear Sir/Madam:

Re PCN number: xxxxxx

I am not ignoring your charge for a purported parking infraction. As the driver has not been identified, I require the following information so that I can make an informed decision:

1. Who is the party that contracted with your company? I require their contact details and the full identity of the landowner.
2. Is your charge based on damages for breach of contract? Answer yes or no.
3. If the charge is based on damages for breach of contract please provide your justification of this sum.
4. Is your charge based on an agreed 'fee' for the provision of parking? Answer yes or no. If so, please provide a valid VAT invoice for this 'service'.
5. Please provide a copy of the signs that you can evidence were on site and which you contend formed a contract with the driver on that occasion, as well as all photographs taken of this vehicle.

I as the registered keeper of the vehicle have already sent you images of the ticket that was present in the vehicle by the driver at the time of the purported parking infraction. The fact that you choose to ignore this fact and have decided to pursue this matter will be duly noted in court. Any previous communications that have been sent to you (including this letter) will be used as evidence to affirm to the courts that you had prior knowledge of any purchased tickets but continued to incur further costs in pursuit of this claim, knowlingly.

Do not send debt collector letters and do not add any costs which would be a thinly-veiled attempt at 'double recovery', specifically prohibited by the POFA 2012 Schedule 4. I will not respond to debt collectors and so for you to involve a third party would be a failure to mitigate your costs as well as a deliberate and knowing misuse of my data.

For the avoidance of doubt, I do not consent to my data being shared or processed by you or your agents. I as the registered keeper have already sent you a request under GDPR regulations and await your response in line with the stipulated requirements of the ICO.

Please also note that this matter will be bought to the attention of the MP of the respective constituency. This will be to ensure that the local MP is made aware of your firm's practices. In addition to contacting the MP, the land owner will also be contacted in due course.

I further contend that you have failed to establish keeper liability. So, to continue to process my data now that you have exhausted your only DVLA-allowed purpose (i.e. to invite me to name the driver, which I decline outright) would be wholly unreasonable and contrary to the Data Protection principles. To share, sell, store or process my data at all now you are aware that you have no further excuse or reasonable cause, will be data misuse and I will report you to the Information Commissioner.

I deny liability for any sum at all and you should consider this letter a Section 10 Notice under the DPA. You are required to respond within 21 days.''