ES Parking Enforcement Ltd - The driver forgot to buy a ticket

fizzystutter

Hi,

As the title states, the driver forgot to purchase a parking ticket for the car park they use several times a week :sad:

I received the "Parking Charge Notice" on 30/11/2018 and I'm tempted to send the "Template appeal for BPA or IPC members" from the sticky thread, however, the fact that the driver does not have a valid ticket bothers me.

Can anyone offer advise please?

Thanks

nosferatu1001

WEll, when you read that you shoud not reveal the driver, you decided to anyway?!?

Edit your post. THE DRIVER parked and forgot..

We cannot possibly help without some actual details. WHen was the event. WHen did you receive the ticket, etc.

fizzystutter

The event occurred on the 16/11/2018 and the "Parking Charge Notice" was sent on the 30/11/2018.

They have stated £100 within 28 days (28/12/2018), or £60 within 14 days (14/12/2018).

Umkomaas

If the dates you have shown for the issue of the NtK are correct, then for PoFA purposes, 17/11 is day 1 and 30/11 is day 14, then there's a further 2 days for service, but as the 2 days are not working days (Sat and Sun) then Mon 3/12 and Tues 4/12 come into play. The NtK is therefore deemed served on Tues 4/12 - day 18.

The NtK is therefore not compliant with the Protection of Freedoms Act 2012 and the keeper cannot be held liable, provided the driver's identity is not (ever) revealed.

You're going to have to get your head firmly around this stuff as you are likely going to have to argue it in front of a Judge. It's not a get out of jail card at this stage as ESPEL are IPC operators and will plough on regardless.

fizzystutter

Thanks for the feedback Umkomaas, it's much appreciated.

Guys_Dad

Umkomaas wrote: »

If the dates you have shown for the issue of the NtK are correct, then for PoFA purposes, 17/11 is day 1 and 30/11 is day 14, then there's a further 2 days for service, but as the 2 days are not working days (Sat and Sun) then Mon 3/12 and Tues 4/12 come into play. The NtK is therefore deemed served on Weds 5/12 - day 19.

The NtK is therefore not compliant with the Protection of Freedoms Act 2012 and the keeper cannot be held liable, provided the driver's identity is not (ever) revealed.

You're going to have to get your head firmly around this stuff as you are likely going to have to argue it in front of a Judge. It's not a get out of jail card at this stage as ESPEL are IPC operators and will plough on regardless.

I agree.......... except if there was a windscreen ticket. Was there?

fizzystutter

There was no parking charge notice on the vehicle when the driver returned if that's what you mean.

Umkomaas

I've actually made a small amendment to the day count - doesn't materially affect anything.

If this was a postal (first) notification then it's too late for PoFA. If it was a windscreen ticket, the PPC has gone too early to DVLA for Keeper Data. Either scenario, but I believe it's the former, favours the OP - it would have been such an easy slam dunk with POPLA, but ESPEL joined the IPC!

The_Deep

It is the will of Parliament that these scammers be put out of business. Hopefully that will take place in the near future. The Bill has passed through the HOC without hitch, and goes to the Lords soon. In the meantime involve your MP, the poor dears are buckling under the weight of complaints about these scammers. Read this one which I wrote earlier

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of alleged contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors. Is has been suggested by an MP that some of these companies may have connections to organised crime.

Parking Eye, CPM, Smart, (especially Smart}, and others have already been named and shamed in the House of Commons as have Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each week), hospital car parks and residential complex tickets have been especially mentioned. They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

The problem has become so widespread that MPs have agreed to enact a Bill to regulate these scammers.

Sir Greg Knight's Private Members Bill to curb the excesses, and perhaps close down, some of these companies passed its Third Reading in late November, and, with a fair wind, will become Law next year.

All three readings are available to watch on the internet, (some 6-7 hours), and published in Hansard. MPs have an extremely low opinion of the industry. Many are complaining that they are becoming overwhelmed by complaints from members of the public. Add to their burden, complain in the most robust terms about the scammers.