We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

IMPORTANT: Please make sure your posts do not contain any personally identifiable information (both your own and that of others). When uploading images, please take care that you have redacted all personal information including number plates, reference numbers and QR codes (which may reveal vehicle information when scanned).
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
The Forum now has a brand new text editor, adding a bunch of handy features to use when creating posts. Read more in our how-to guide

ES Parking enforcement LTD 'Leaving a site'

adam_ismail
adam_ismail Posts: 3 Newbie
edited 24 January 2019 at 12:41PM in Parking tickets, fines & parking
Hi,

A driver has received a PCN from ES parking enforcement LTD for leaving a site whilst in a 'free parking whilst in premises only' car park.

Someone having read online it seems they reject the appeal, then it goes to IPC which also reject and end up with Gladstone solicitors.

the car was a lease car and the leaser has received the PCN over 28 days after the incident, ES parking contacted the car owners and they forwarded the lease owner details

Any help would be appreciated.
«1

Comments

  • Fruitcake
    Fruitcake Posts: 59,531 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 24 January 2019 at 11:12AM
    We don't recommend anyone uses the IAS appeals kangaroo court.

    Have you read the sticky thread for NEWBIES yet?

    Has the hirer/lessee appealed to the PPC yet? This is your starting point once you have read the NEWBIES. Use the edna basher appeal template for hire/lease cars, not the normal template in blue text.

    You could carefully add that the site boundary is not defined on the signs so the scammers have no possibility of success in court.

    Do not reveal the driver's identity in any correspondence, or on here. Only ever refer to The Driver or The Keeper or The Hirer, who are all different people. You might want to adjust your initial post to remove any confusion. ;)

    Make sure the hire/lease company know (in writing) that you are dealing with this and they must NOT pay the scam charge on your behalf.

    Please also complain to your MP about this unregulated scam.

    What happened when you complained to the landowner?
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Hi,

    I have received a PCN from ES parking enforcement LTD for leaving a site whilst in a 'free parking whilst in premises only' car park.

    I have been reading up and it seems they reject the appeal, then it goes to IPC which also reject and end up with Gladstone solicitors.

    the car was a hire and i have received the PCN over 28 days after the incident.

    Any help would be appreciated.

    Has ES provided pictures of "leaving site" or is it heresay of one of their wardens. They must prove such a claim
  • MistyZ
    MistyZ Posts: 1,820 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    Key thing is to realise that hire cars are a bit of a special case, in a good way.

    I'm assuming that ESPE Ltd. did not enclose copies of the hire docs with the PCN they sent(?)

    Read this section of the Newbies' thread very carefully:
    '* COMPANY, LEASE OR HIRE CARS ANYWHERE IN THE UK'
  • Umkomaas
    Umkomaas Posts: 44,398 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Understand some of the issues a parking company faces if it gets to a court stage. But this is from 2012 and the 'mitigation of loss' defence point is no longer viable.

    Learn from this case as to some of the issues you will rely on at the appropriate time.

    http://forums.pepipoo.com/index.php?act=attach&type=post&id=16231)
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    #Private Parking Firms - Killing the High Street
  • beamerguy wrote: »
    Has ES provided pictures of "leaving site" or is it heresay of one of their wardens. They must prove such a claim

    yes they have got a picture of someone leaving the car
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Umm, how does that help them?
    They have a pciture of someone leaving the car, but what about the site? How can they prove it was the driver? What do the SIGNS say - show us pictures (and you CAN post them here, just use IMGUR or similar sites to host the pcitures, copy the IMG link here but CHANGE http to read hxxp. We will then make the link live so others can see it)

    DId the PPC include the MANDATORY hire documetns as required by POFA2012 schedule 4 para 13 and 14? Youve been asked this once, you HAVE to answer questions.
  • Umkomaas
    Umkomaas Posts: 44,398 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    yes they have got a picture of someone leaving the car

    Their charge is for leaving the site, not leaving the car! :rotfl:
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    #Private Parking Firms - Killing the High Street
  • Umm, how does that help them?
    They have a pciture of someone leaving the car, but what about the site? How can they prove it was the driver? What do the SIGNS say - show us pictures (and you CAN post them here, just use IMGUR or similar sites to host the pcitures, copy the IMG link here but CHANGE http to read hxxp. We will then make the link live so others can see it)

    DId the PPC include the MANDATORY hire documetns as required by POFA2012 schedule 4 para 13 and 14? Youve been asked this once, you HAVE to answer questions.

    yes they have a picture of someone leaving the site but not leaving, going towards the car.

    The car is a lease car and they did not provide the hire documents with the PPC
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    yes they have a picture of someone leaving the site but not leaving, going towards the car.

    CONFUSED ?
  • Umkomaas
    Umkomaas Posts: 44,398 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    beamerguy wrote: »
    yes they have a picture of someone leaving the site but not leaving, going towards the car.

    CONFUSED ?

    Another one to unpick! Doesn't get any easier on here.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    #Private Parking Firms - Killing the High Street
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 354.4K Banking & Borrowing
  • 254.4K Reduce Debt & Boost Income
  • 455.4K Spending & Discounts
  • 247.3K Work, Benefits & Business
  • 604K Mortgages, Homes & Bills
  • 178.4K Life & Family
  • 261.5K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16K Discuss & Feedback
  • 37.7K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.