ES Parking Enforcement Spinningfields, PCN for stopping

NorthWestITConsultant

Please view below received from ES Parking for stopping a few seconds, quite ridiculous really. Can anybody assist with this process? What are the steps and chances of winning this? Last time I lost because I parked on an unmarked area and I am a bit reluctant to go down the same path. However, this time I don't undersand how anybody can get away with doing this and I'm more hopeful of winning with some kind assistance from the forum.

Many thanks.







Original one:

Coupon-mad

Last time you lost in court?  That's the only true arbiter in the case of an IPC firm. 

However, this one may be worth an appeal then IAS appeal as long as you don't admit to driving and only appeal as hirer.

Can you show the back of that notice and confirm there were no enclosures?  It's saying it is a Notice to Hirer but without the mandatory enclosures set out in para 13 of Schedule 4 it's not capable of transferring liability to you.  Were you shown the Notice to Keeper that was first sent to the lease firm?  Can you show us both sides of that as well please?

NorthWestITConsultant

Coupon-mad said:

Last time you lost in court?  That's the only true arbiter in the case of an IPC firm. 

However, this one may be worth an appeal then IAS appeal as long as you don't admit to driving and only appeal as hirer.

Can you show the back of that notice and confirm there were no enclosures?  It's saying it is a Notice to Hirer but without the mandatory enclosures set out in para 13 of Schedule 4 it's not capable of transferring liability to you.  Were you shown the Notice to Keeper that was first sent to the lease firm?  Can you show us both sides of that as well please?

Thanks for your kind assistance. I've updated my original post with both of the letters. Please kindly advise.

NorthWestITConsultant

Any assistance with this?

Coupon-mad

When you say you 'lost' one, you don't mean you paid?

NorthWestITConsultant

Coupon-mad said:

When you say you 'lost' one, you don't mean you paid?

Lost in court 

Fruitcake

Plan A is always to complain to the landowner and your MP.

If that fails, then appeal to ES Parking as hirer/lessee using one of the edna basher letters you will find in the sticky Announcement for NEWBIES. One of the letters is for fleet managers, so the one you want will be one of the other two.

Post it here to ensure you found the correct one before you submit it.

Please confirm that the documents referred to in paragraphs 13 and 14 of the PoFA have not been supplied with the NTH. If that is the case, then add a one liner to that effect.

Do not under any circumstances reveal the identity of the driver. 

NorthWestITConsultant

Template letter:

Re PCN number: ESMN0XXXXXX

I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.

There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, I require an explanation of the allegation and your evidence. You must include a close up actual photograph of the sign you contend was at the location on the material date as well as your images of the vehicle.

*Is the bit below required because this relates to a no stopping sign which likely was not visible at the time*
If the allegation concerns a PDT machine, the data supplied in response to this appeal must include the record of payments made - showing partial VRNs - and an explanation of the reason for the PCN, because your Notice does not explain it.

If the allegation involves an alleged overstay of minutes, your evidence must include the actual grace period agreed by the landowner.

*Should I put anything about stopping here. Total stop time was 39 seconds as per their images*

Le_Kirk

From earlier posts it would appear that this was a hire or lease car; in which case you need to use one of the Edna Basher templates starting here: -

* COMPANY, LEASE OR HIRE CARS ANYWHERE IN THE UK

In the case of a company car or hire car, if you get a windscreen ticket

NorthWestITConsultant

I've put together from 2 others (not sure I can use the POPLA bit as ES Parking don't use them:

Dear Sir,

Parking Charge Notice [0123456789]: Vehicle Registration [AA11ABC]

I refer to the above-detailed Parking Charge Notice (“PCN”) issued to me by ES Parking Enforcement Ltd as a Notice to Hirer. I confirm that as the hirer of this vehicle, I am its keeper for the purpose of the corresponding definition under Schedule 4 of the Protection of Freedoms Act 2012 (“POFA”) and I write to formally challenge the validity of this PCN.

You will no doubt be familiar with the strict requirements of Schedule 4 of POFA to be followed in order for a parking operator to be able to invoke keeper liability for a Parking Charge. There are a number of reasons why ES Parking Enforcement's Notice to Hirer did not comply with POFA; in order that you may understand why, I suggest that you carefully study the details of Paragraphs 13 and 14 of Schedule 4 in particular.

Given that ES Parking Enforcement Ltd has forfeited its right to keeper liability, please confirm that you shall now cancel this charge. Alternatively, should you choose to reject my challenge, please provide me with details of the Independent Appeals Service (IAS), their contact details and a unique IAS appeal reference so that I may escalate the matter to IAS.

Thank you for your cooperation and I look forward to receiving your response within the relevant timescales specified under the International Parking Community Code of Practice.

Further Questions
To begin our discussions, as this is purely a claim under a purported contract, and you have no statutory footing to issue penalties, I wish to make you aware of the following details and require the specific information so that I can assess the validity of your claim:

1. Who is the party that contracted with ES Parking Enforcement Ltd for the provision of their services at the site of the alleged to have taken place?
2. What is the full legal identity of the landowner?
3. As you are not the landowner, please provide a contemporaneous and unredacted copy of your contract with the landholder that demonstrate that NGP Ltd have the authority of the landowner to both issue parking charges and legislate in your own name or on behalf of the landowner .
4. Is your charge based on damages for breach of contract? - Yes or no?
5. If the charge is based on damages for breach of contract, please provide justification of this sum.
6. Is your charge based on a contractually agreed sum for the provision of parking? - Yes or no?
7. If the charge is based on a contractually agreed sum for the provision of parking please, provide a valid VAT invoice as you make no mention on VAT in any correspondence.
8. The signage to the site (from a seated position in the vehicle as it enters the road) is impossible to read and any specific rules regarding stopping strictly prohibited at any time. Please provide a copy of the sign that purportedly forms the basis of the contract entered into by the driver for my records.
9. You claim that the driver had entered into contract for apparently stopping for 39 seconds. This is well below the time it would take a driver to get out of the car, read the sign and return to the car. Please provide the grace period as well as a justification for making such an irrational claim.
10. There are any number of reasons a car could stop for such a short period, for example a hazard on the street, a stray animal or the car stalling. Can you please provide photographic evidence to rule these out.


Yours faithfully,

Fruitcake

Replace PoPLA with IAS, and British Parking Association with International Parking Community.