ES Parking Enforcment Ltd Ticket face down charge notice

meagainin · 5 December 2017 at 2:40PM

bumped to see if anything else is required.

meagainin · 5 December 2017 at 8:30PM

Another bump, I'll be submitting this tomorrow so any advice would be appreciated.

claxtome · 6 December 2017 at 2:57AM

I need to get this submitted before 9/12, is there anything else I should add?

Suggest you attach a copy of the actual ticket. Otherwise I can't think of anything (but I am no expert) unless you found anything in the billinghamn thread I gave you a link to in post #19 you want to include. Their response meant business. Having said that don't be surprised you don't just get back a roboclaim response like billinghamn did.

Summary - The response to a LBC and any replies should be seen by a judge, if it goes that far, so this is your opportunity to have your say.

When I was trying to upload my appeal, there were other photos shown (which I stupidly didn't get a screenshot of) which showed a number of tickets in the window, one was flipped but when I checked the number on it, it wasn't the ticket from the 1/9.
It looks like the ticket for 1/9 did actually fall off the dashboard and wasn't just face down. I'm wondering if the fact that the other tickets were on the dash but this one wasn't will be an issue when it goes to court?

Are you saying the reverse of tickets at the car park in question is printed something unique for each ticket? (I have only seen the reverse of 1 ticket for the car park in question for me).
Bear in mind the driver of your vehicle got a valid ticket for the day which includes the registration of the vehicle so you have proof you paid for parking on the day. Any anomalies with displaying the ticket is de minimis

meagainin · 6 December 2017 at 5:14PM

Thanks, I'll see if I can attach a copy of the ticket. I've had a look at the link you gave me and I'll be adding the bit about a valid ticket but I wasn't sure if the Schedule 4 POFA stuff was relevant to me, though thinking about it I think I might be mixing that up with POPLA appeals.
Looks like I need to go back and read through that again.
It looks like each ticket has its own individual number on the front and back of the ticket. I know this because I tend to keep my tickets for a period of time and I have a bunch of them in my car.
My ticket does include my registration number so hopefully when I have my day in court the Judge will agree with me.
Thanks again for the help, it's really appreciated.

claxtome · 12 January 2018 at 5:56AM

Did you get a reply from the Claimant to your LBC response?

meagainin · 18 January 2018 at 12:00AM

No response to my LBC response except a lovely county court claim form.

I've acknowledged the claim and now I need to get my reading head on again and start formulating my defence.

Coupon-mad · 18 January 2018 at 12:04AM

OK, you will be fine, as everyone here is, win or lose there is no CCJ or 'risk', as such.

People who stick around here and are fully coached from defence to hearing, all the way through, have approx 1% risk of losing and paying in the end. The 99% who win (counting people who are fully assisted here, not people who are ostriches, or take a defence & run) usually say they enjoyed the experience, and they can usually claim their costs.

meagainin · 18 January 2018 at 12:20AM

Thanks for your words of encouragement, I'm panicking slightly but hoping that I end up in the 99%.
Looking at some of the other threads, I'm not the only person ESPL is taking to court for a fluttering ticket.

claxtome · 18 January 2018 at 9:10AM

I'm not the only person ESPL is taking to court for a fluttering ticket

No you are not. I know of at least one other than you and me currently and a few in the past.
(You almost think they make their tickets flimsy on purpose to try and sting us for money

)

I go to court at the end of March.

Will try to help where I can and remember my thread hopefully should help get you a base defence.
Some might say it is a bit wordy but see what you think.

Remember my defence may not all apply to you.
(especially the 'Planning permission for signage' as specific to the car park in question for me only).
So carefully cut/edit it for your case as the NEWBIE thread suggests

Loadsofchildren123 · 18 January 2018 at 10:41AM

Yesterday in Staines County Court:

D3GF4P9D Private Parking Solutions London -v- A, before DJ Hammond

The DJ identified that the whole case turned on the fact that a ticket had been purchased, and declined to delve into any other arguments.

The ticket had been placed face down on the dashboard, so the PPC were entitled to issue the PCN. However, when they were shown the evidence, and proof of purchase of the ticket, they could not penalise the driver – the Beavis case made it clear that a charge which would otherwise be a penalty, could be upheld if it acted as a deterrent against breach. That did not apply here, as there was nothing to deter.

The case was dismissed, although the Defendant had to pay some costs because they had ignored all previous correspondence and hadn't appealed.

This is definitely an argument to use when they raise Beavis.

It doesn't matter that they rejected your appeal, you tried.

It is very significant that they ignored your response to the LBC. I posted a suggested letter on another thread yesterday advising the D to write and ask the court to stay the claim - if you search my posts you'll find it. I'd do the same here.

ES Parking Enforcment Ltd Ticket face down charge notice

Comments

Categories

Get our FREE Weekly email full of deals & guides - and it’s spam-free