Parking Charge - ESPE Ltd - Spinningfields - No Stopping Zone

1505grandad

Have you tried Googling for the web page - if the following link applies they have a "contact us" page:-

https://www.spinningfieldsonline.com/contact-us/

John464

m19lka said:
Manchester City Council has provided confirmation that the street in question is adopted land. 

Where is this confirmation they have provided?

John464

New College Street is on Google Street View.
So Google must have thought it was public!
There are signs tied on lamp posts, but you would have to stop to read them safely.  And I can see no indication of where the allegedly controlled area begins and ends.

Coupon-mad

Now you are talking!

m19lka

John464 said:

m19lka said:
Manchester City Council has provided confirmation that the street in question is adopted land. 

Where is this confirmation they have provided?

Sorry i meant to say that Manchester City Council provided confirmation to say that the street in question is UNADOPTED land.

"

Spinning Fields Estate (Private and Confidential)

We refer to your email dated 19.02.2020 in relation to the above and we would comment as follows:-

Our records indicate that area identified in your email is unadopted (New College Street), we have copied in the Corporate Property Records Team who should be able to confirm whether or not he land is in Council ownership.

Corporate Property Records:- Please advise.

Kind regards 
Manchester Council "

The Corporate team then responded to say:

"Hello,

Our records indicate street land for New College Street is privately owned. Please contact Land Registry (tel - 0300 006 0411) to identify the owner.

Kind regards

Sudhir

Property Records"

Since then, I have contacted Spinningfields Estate to try and identify if they own the land. Will keep updating this post if they respond.

m19lka

John464 said:

New College Street is on Google Street View.
So Google must have thought it was public!
There are signs tied on lamp posts, but you would have to stop to read them safely.  And I can see no indication of where the allegedly controlled area begins and ends.

Yes - I assume many individuals stop to read the lamp post signs which would then be a contradiction in itself to receive a ticket for stopping for what was less than a minute or two. Its almost inviting a ticket.

m19lka

This was my email to Spinngfields after they asked me for more information:

"Hello,

 The Parking Ticket has come from ES Parking Enforcement Ltd.

 I have written to them on several occasions requesting further information as to their authority to issue the ticket and demand monies, as I was so concerned that they may be one of the rogue parking operators. They failed to respond to my queries.

The Parking Charge itself is disputed as it was issued in relation to "Parking in a No Stopping Zone" - however, from the photographs that the parking operator provided it shows clearly that the vehicle was not parked and the ignition was still on as the brake lights are visibly on and the driver is still in the vehicle. The vehicle was only there for a moment or two and with extenuating reasons. 

 The VRN is XXX

 Thank you for looking in to this for me.

 I look forward to hearing back from you.

 Regards"

This is Spinningfield's response:

"Hello

I’ve raised your query with our contact at ESP and have received the below response;

She appealed and it was declined she had the option to appeal to the IAS where a solicitor can override our decision.

She was parked on the pavement with no concern to people having to pass her car, we are in no doubt that our staff member was correct in issuing the PCN.

Thank you"

So indirectly they accept they are the landowner and have some kind of agreement with ESPEL.

I am proposing to send the following points to Spinngfields:

1. I accept that ESPEL refused the appeal, but they failed to provide any reason for why and simply provided a "bare refusal". They failed to address any of the points in my lengthy appeal.

2. I had no reason to believe that ESPEL even had any authority to authorize tickets in that area. I requested several times for them to provide me with authorization from the landowner in question and they didnt. I had to run around contacting Manchester Council, Land Registry, Property Records just to get the info that Spinningfields Estate is the private owner (Highlight again the fact there are so many rogue parking operators in and around Manchester)

3. I disagree that the vehicle was "parked" since the  break lights were clearly visible and lit up in the images taken from the ANPR. Driver was still in the vehicle. 

4. The vehicle was only stopped for a couple of minutes. (is this sufficient to amount to a parking ticket??)

5. I disagree with the signage put up by ESPEL as sufficient warning of a parking ticket, on the basis that it is so small that one would need to stop next to the lamppost where it is tied in order to safely read it, and that is precisely where the vehicle was stopped, in order to read the signage.

6.  I can see no indication of where the allegedly controlled area begins and end so it is ambiguous for a driver to know they are commiting a chargeable parking offence.

7. I refuse to engage in an appeal with IAS due to lack of transparency

8. Abuse of process by inflating the charge to £125 which is unlawful ( Or shall I save this argument for my Defence in case it does proceed to court)

9. "She was parked on the pavement with no concern to people having to pass her car"  - Actually the road was wide enough for other vehicle to pass the car and the pavement was wide enough for people to pass.

10. why is it that the parking operator has responded to you so instantly but wasted my time and ignored my correspondence and queries

I will of course word it in better and more formal English, but for now those are my bullet points, any thing else I can add in the hope that Spinngfields just gets the ticket cancelled?

Also at this point shall I request a copy of the License Agreement between Spinginfields and the parking operator - or is that too aggressive? 

nosferatu1001

Authorisation. NO US spelling
BRAKE lights, not break. 
7) due to their well proven and documented record of perverse decisions that are overwhelmingly biased towards the parking operators. I will not engage with an organsiation known to be corrupt. 

m19lka

Having read through the thread "Successful complaints about private parking tickets - how to get them cancelled!"

I cannot really find any material that supports a complaint against a large private Estate in the likes of Spinning Field Estates which encompasses hundreds of shops, streets, carparks, even has the courts of justice as part of their estate! Spinningfield estate is almost a mini "town" with sooo many different parking operators and contracts.

 The success stories in the thread all seem to be private retailers or NHS....

John464

m19lka said:

This is Spinningfield's response:

She was parked on the pavement with no concern to people having to pass her car, 

stopping on the pavement shows she does have concern for large delivery vehicles and, crucially, Emergency service vehicles being able to pass her car without slowing down.