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ES Parking Enforcement Spinningfields, PCN for stopping

245

Comments

  • Fruitcake said:
    Replace PoPLA with IAS, and British Parking Association with International Parking Community.


    I have updated this but I thought IAS was a kangaroo court which were effectively paid off and controlled by these parking companies? Do I really want to go down the IAS route? I thought to let the matter go to court would be better. A car stopping for 39 seconds could have been due to a hazard on the street, giving way, it could be literally for anything! And the lights are on clearly from the pictures.
  • Umkomaas
    Umkomaas Posts: 44,044 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    You don't have to use the IAS, but sometimes with plenty of evidence and appeal points for the PPC to deal with, they might just opt out and give you a default win. Up to you there's no magic formula. 
    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
  • Umkomaas said:
    You don't have to use the IAS, but sometimes with plenty of evidence and appeal points for the PPC to deal with, they might just opt out and give you a default win. Up to you there's no magic formula. 
    Thanks. 

    Is my appeal letter sufficient? Anything to add at this stage? Should the appeal be rejected, what's the next stage after that?
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I don't think I would bother with all that 'further questions' stuff.
  • Coupon-mad
    Coupon-mad Posts: 157,647 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Same.

    Nor thanking them

    Remove all this:

    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.


    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Umkomaas
    Umkomaas Posts: 44,044 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Just standard appeal which will be rejected. Appeal to the IAS if you wish, if it gets knocked back (or you don't appeal) then like a million and one other threads here, debt collector letters, possibly a court claim thereafter. Nothing new, nothing special, deal with it as it comes. No magic wand to wave. 
    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
  • Umkomaas said:
    Just standard appeal which will be rejected. Appeal to the IAS if you wish, if it gets knocked back (or you don't appeal) then like a million and one other threads here, debt collector letters, possibly a court claim thereafter. Nothing new, nothing special, deal with it as it comes. No magic wand to wave. 

    Have submitted the cut down version. 1 step at a time, happy to deal with debt collectors and court case. The nature of their claim is ridiculous. 39 seconds....
  • Surprise surprise, Appeal rejected by ES Parking.


  • Coupon-mad
    Coupon-mad Posts: 157,647 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Just appeal to the farce of the kangaroo court IAS based on no consideration period to read the signs and leave.  Quote the IPC Code on consideration periods.

    The PPC might just give up.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • NorthWestITConsultant
    NorthWestITConsultant Posts: 44 Forumite
    Fifth Anniversary 10 Posts Combo Breaker
    edited 24 August 2022 at 4:19PM
    Just appeal to the farce of the kangaroo court IAS based on no consideration period to read the signs and leave.  Quote the IPC Code on consideration periods.

    The PPC might just give up.

    Yep will do. Happy to go to court on this one. Infact almost desirable as a way of justice being restored given what happened last time.

    Where can I find a template appeal for the IAS?
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