ES Parking Spinningfields parking charge notice - for stopping 10 seconds

NorthWestITConsultant

It's been a while since I last took one of these companies to court and actually lost. That time I had parked and seems the judge was not taking my arguments, no idea why. This time it turns out with the same company, I have received a PCN for stopping perhaps 10 or 20 seconds? So I'm willing to go all the way to court as by the time you stop, get out of your car, read the sign you will have apparently incurred a charge of £100! 

Last time it was back in 2017 and if anybody can assist me with which template to start the process with that would be much appreciated. They have just sent me 2 pictures but I can't really see anything clearly as they are photo copies that were passed onto me by the leasing company (Audi financial services).

The date of the incident is 8th July 2022 but I only received it in the post on 28th July from Audi. 

Any help would be greatly appreciated - please note I am willing to go to court like last time to settle this as I think it's ridiculous and for all they know I could have stalled the car for a few seconds!

Coupon-mad

Is it addressed to Audi, not you?

Umkomaas

Notorious entrapment spot. We've had numerous previous ESPEL/Spinningfields cases, none of which I can recall ending badly for the motorist.  But it won't be a simple quick appeal and it's over. ESPEL are IPC AOS members and it can be a long drawn out process. Their second tier appeal 'service', the IAS, uphold only 4% of motorists' appeals - a kangaroo court weighted almost entirely in favour of the PPC.  Not worth bothering with. 

Looking at the NtK shown above, I can't see the formal warning required by the Protection of Freedoms Act 2012 (Schedule 4) to hold the keeper liable. The dates of parking event and the date of sending fit PoFA, so it may well have the warning on the reverse side. Any chance of copying that page here as well?

I think it would help you deal with this if you read the other relatively recent threads (it's been a bit quiet on the Spinningfields front over the past few months) say over the past 12 months or so. Use the search term 'Spinningfields' and read the following advice on how to use the forum search engine for maximum effectiveness. Follow the process used by others who have successfully dealt with ESPEL. 

HOW TO USE THE MSE SEARCH FUNCTION MOST EFFECTIVELY

Follow the steps in the link below to get the most effective results from the MSE search function. 

https://forums.moneysavingexpert.com/discussion/6289402/weve-updated-the-search-function/p1

Umkomaas

The date of the incident is 8th July 2022 but I only received it in the post on 28th July from Audi. 

Just re-read and saw this.  Have Audi simply copied the NtK and sent it off to you to deal with?  If so, that's going to complicate matters. 

NorthWestITConsultant

Umkomaas said:

The date of the incident is 8th July 2022 but I only received it in the post on 28th July from Audi. 

Just re-read and saw this.  Have Audi simply copied the NtK and sent it off to you to deal with?  If so, that's going to complicate matters. 

Yes that is what has happened… hence I’m asking for how best to proceed?

KeithP

That image you have shown us is addressed to Volkswagen Financial Services (UK) Ltd.

You have carefully masked the last two characters of the PCN reference number in most instances but have missed one.

NorthWestITConsultant

KeithP said:

That image you have shown us is addressed to Volkswagen Financial Services (UK) Ltd.

You have carefully masked the last two characters of the PCN reference number in most instances but have missed one.

Well spotted thanks…. Do you have any advice to offer?

Umkomaas

You're going to have to ask VW/Audi to transfer liability to you as the hirer/lessee of the vehicle, otherwise, they are 'in the dock' for this. That's no comfort for you as the likelihood is they'll pay the PCN then charge your credit card and probably add a tasty admin charge for good measure. 

The way for you to deal with this is to get them to formally transfer liability - there is a tear off slip on the back of the NtK for them to do it. 

NorthWestITConsultant

Umkomaas said:

You're going to have to ask VW/Audi to transfer liability to you as the hirer/lessee of the vehicle, otherwise, they are 'in the dock' for this. That's no comfort for you as the likelihood is they'll pay the PCN then charge your credit card and probably add a tasty admin charge for good measure. 

The way for you to deal with this is to get them to formally transfer liability - there is a tear off slip on the back of the NtK for them to do it. 

Thanks

I’ll call them on Monday 

Umkomaas

NorthWestITConsultant said:

Umkomaas said:

You're going to have to ask VW/Audi to transfer liability to you as the hirer/lessee of the vehicle, otherwise, they are 'in the dock' for this. That's no comfort for you as the likelihood is they'll pay the PCN then charge your credit card and probably add a tasty admin charge for good measure. 

The way for you to deal with this is to get them to formally transfer liability - there is a tear off slip on the back of the NtK for them to do it. 

Thanks

I’ll call them on Monday 

Test the water by phone, but I'd follow with an email confirming what has been agreed. You're in a legal process where paper is gold, phone calls are hearsay. 

NorthWestITConsultant

Umkomaas said:

NorthWestITConsultant said:

Umkomaas said:

You're going to have to ask VW/Audi to transfer liability to you as the hirer/lessee of the vehicle, otherwise, they are 'in the dock' for this. That's no comfort for you as the likelihood is they'll pay the PCN then charge your credit card and probably add a tasty admin charge for good measure. 

The way for you to deal with this is to get them to formally transfer liability - there is a tear off slip on the back of the NtK for them to do it. 

Thanks

I’ll call them on Monday 

Test the water by phone, but I'd follow with an email confirming what has been agreed. You're in a legal process where paper is gold, phone calls are hearsay. 

Just realised that Audi have given the details to ES parking to transfer liability of the "offence". So waiting for them to contact me before proceeding to next step. Looking forward to taking this to court and hopefully winning this time.