ES Parking Enforcement - Gladstones LBC

ryou4me

Hi

Have received a letter before claim from Gladstones Solicitors for ES Parking Enforcement.

I am the keeper of the vehicle - i can upload the original redacted if required

Please see my initial defence below, would appreciate any help and advice and amendments to it

1- Would I correct to assume i can paste the below into their online appeals page and send an email also?

2- the IAS Code of Practice link is here referred to below (can't post actual link as new user)
//theipc.info/
under downloads and pic code of practice

3- Should i quote original amount of £100 or amount of £160 now requested by Gladstone

I have used Parking Cowboys guidance in compiling the below

Thanks

---

Name
Address
Date

Without prejudice, except as to costs

Parking Charge Notice - Notice to Keeper [Reference ****]

This letter is a formal challenge to the issue of your Parking Charge Notice - Notice to Keeper as set out in the current ACCREDITED OPERATOR SCHEME
CODE OF PRACTICE C.3.

On (date) I was the registered keeper of a (make and model of vehicle) registration number (reg number).

Before I decide how to deal with your Parking Charge Notice - Notice to Keeper, I should be grateful if you would first answer all the questions and deal with all the issues I have set out below. Once you have done so, I will be able to make an informed decision on how I deal with the matter.

I should be grateful for specific answers to all questions raised. In this respect I remind you of the obligations set out in the current Practice Direction on Pre-Action Conduct.

I dispute your claim for the reasons set out below. Please note that although I dispute the whole basis of the parking charge, my main concern is its disproportionate and punitive level.

1. Your parking charge amount claim.

Please explain on which of the following grounds your claim is based:

(i) Damages for trespass
(ii) Damages for breach of contract
(iii) A contractual sum
2. Your loss.

If it is your case that that a trespass was committed or that a contract was breached such that your claim is one for damages; please give me a full breakdown of the actual losses which evidences that this parking charge is a true reflection of the damages caused solely by the alleged parking contravention.


3. Your status – the creditor.

Your Parking Charge Notice - Notice to Keeper simply mentions ES Parking Enforcement Ltd. Please tell me who is the actual creditor making this £100 parking charge demand. I need to know exactly who is making the claim and in what capacity.

4. Ownership of premises.

Please tell me who owns the Spinningfields Estate as I wish to send them a copy of this letter.
5. Contractual Authority (as required by ACCREDITED OPERATOR CODE OF PRACTICE CoP B.1)

Please provide me with a copy of the contract between your company and the landowner/landholder that provides the necessary contractual written authority for the issue and enforcement of your Parking Charge Notice - Notice to Keeper.

6. Signage.

If it is your case that a contract has been breached or that a contractual sum is now due, please send me photographs of the signs that you display and upon which you seek to evidence that a lawful and legally enforceable contract was been entered into. Please ensure that the photographs show the terms and conditions in a clear and legible manner. Please provide me with a diagram showing the locations and layout of those signs at the Spinningfields Estate. Also provide evidence that the wording is in plain and intelligible language and in sufficiently large print as to be legible to a driver at the entry point of the Estate.
7. Summary
I look forward to receiving your acknowledgement within 21 days and as there are no ‘exceptional circumstances’ your comprehensive reply within 21 days (in accordance with the ACCREDITED OPERATOR CODE OF PRACTICE B.6.2). I will then be able to make an informed decision as to how I deal with your Parking Charge Notice – Notice to Keeper.
If you reject this challenge or fail to address the issues that have been raised then, in accordance with the ACCREDITED OPERATOR CODE OF PRACTICE 7.1, please ensure that you enclose all the required information so that I may immediately refer the matter to the Independent Appeals Service for their decision.
If you fail to follow any of the procedures outlined in the ACCREDITED OPERATOR CODE OF PRACTICE or your legal requirements under the Protection of Freedoms Act, or the requirements of the Practice Direction on Pre-Action Conduct then I will make a formal complaint to the DVLA Data Sharing Policy Group, D16.
Please Note: Unless you have specifically requested it and received my express permission, you do not have my authority to disclose or refer this letter or any other communication from me to any other person or organisation.
Yours

(registered keeper)

Coupon-mad

Would I correct to assume i can paste the below into their online appeals page and send an email also?

No because you are not at appeal stage, and you can't send that appeal anyway, and NO-ONE sends something headed 'without prejudice'.

Please read the NEWBIES FAQS thread here instead, post #2, about LBC stage.

Have you even got a real Gladstones LBC giving 30 days and talking about the PAP for Debt Claims? Or is it just a Gladstones notepaper fake LBC, asking for payment in 14 days, to Debt Recovery Plus?

Redx

ryou4me wrote: »

2- the IAS Code of Practice link is here referred to below (can't post actual link as new user)
//theipc.info/
under downloads and pic code of practice

you mean IPC code of practice

the IAS is their appeals service, not a code of practice

ryou4me

I have spent a chunk of time reading and with respect to both yourselves and everyone on this forum who are helping, there is a lot to take in.

Because i received this LBC i thought this was where i was and what i need to do, i was mistaken, apologies

So my first step now is to submit a subject access request

My issue is - do i input my name, vehicle details etc on this SAR and thereby provide them with more information or is that information they hold already since they sent me the letter and i am ok to provide that?

i will send a SAR to ES Enforcement via their site

Should I then inform Gladstones - and same question, should i be divulging any information as the keeper of the vehicle?

thanks

Coupon-mad

do i input my name, vehicle details etc on this SAR and thereby provide them with more information

Of course, or they can't do a SAR. And they might want a form of ID such as a copy of the car's V5C to show you are the keeper of this car and the right 'data subject' otherwise they would be open to sharing your data with anyone who emailed and pretended to be you.

Should I then inform Gladstones - and same question, should i be divulging any information as the keeper of the vehicle?

Yes of course, but wait a week or two, get the SAR in first. Then slowly reply to Gs and tell them you are 'seeking debt advice' (magic words which forces them to put the case on hold for 30 days, giving ample time for you to get the SAR data back in good time to read through it).

ryou4me

Coupon-mad wrote: »

No because you are not at appeal stage, and you can't send that appeal anyway, and NO-ONE sends something headed 'without prejudice'.

Did not know that, but sure thing, i won't do anything with the above

Will send an SAR to ES Enforcement and an email to Gladstone

Coupon-mad wrote: »

Please read the NEWBIES FAQS thread here instead, post #2, about LBC stage.

Have done - just a lot to take in thats all

Coupon-mad wrote: »

Have you even got a real Gladstones LBC giving 30 days and talking about the PAP for Debt Claims? Or is it just a Gladstones notepaper fake LBC, asking for payment in 14 days, to Debt Recovery Plus?

I have a letter from Gladstones stating this is a letter before claim

They mention the PAP Paragraph 2.1(c) and that i have 30 days to respond or pay on the letter

ryou4me

Redx wrote: »

you mean IPC code of practice

the IAS is their appeals service, not a code of practice

Apologies, yes, IPC

Thanks for the correction but i won't be using the above for now anyway, starting with an SAR first

Redx

Too late to appeal to anyone at this stage

The SAR to e s parking and then the email to gladrags is where you are at

Your aim is to get all the docs, pics and data before the court claim arrives next month, hence doing the SAR

The_Deep

Nine times out of ten these tickets are scams so complain to your MP.

Parliament is well aware of the MO of these private parking companies, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

ryou4me

SAR requested and received

is it just a case of waiting for the claim letter now?

KeithP

Yes .