ES Parking IAS

Tabz123 · 3 June 2018 at 9:26PM

Hi All,

A newbie here. Firstly apologies as I know most posts request reading of the newbies area and request not to ask individual questions.I have trawled the newbies section for hours and could not conclusively decide how to proceed.

My situation is that the vehicle (of which I am the Keeper) was parked and ticket purchased. ES contest it was not. Most likely scenario is that the warden did not see the ticket on the dash (a possible obstruction of the dash vent?)

I have responded to the PCN as the keeper (as I was not aware PCNs can be challenged until I did some 'googling' and joined this forum!).

In my appeal as the keeper of the vehicle, a copy of the ticket was sent to ES. Of course this was rejected.

Please advise...

KeithP · 3 June 2018 at 9:37PM

There is nothing for you to do now except read post #4 of the NEWBIES FAQ thread to understand how to deal with the inevitable debt collector's letters.

Post again on this thread if ever you receive a Letter Before Claim or official court correspondence.

Tabz123 · 7 June 2018 at 9:06PM

Hello,

So I have looked into a few ES Parking stories and ascertained that the ones about 'over turned' tickets are specific in that the face of the ticket could not be 'read'. IAs the keeper however I believe the purchased ticket was still upright and on the dash. However in my appeal to the ES (as the Keeper) my response details that 'your attendant may have missed the ticket due to a possible obstruction of the vent...

Also a few threads mention that when going to court it has been favourable to show 'appeal and then rejection' to the IAS?

In addition the appeal to ES was sent by post and the postal receipt not retained, though I have a copy of their rejection letter acknowledging my appeal as the registered keeper.

Redx · 7 June 2018 at 9:13PM

save it for any future court case, no point speculating now

you wont find many people on here, if any , would tell you to appeal to the IAS

gather your evidence etc , and keep it all in a folder for 6 years

send ES a SAR bomb under the new GDPR

come back if you receive a formal LBC under the new PaP , and/or an MCOL from Northampton CCBC within 6 years

meanwhile , sit on your hands

Fruitcake · 7 June 2018 at 9:17PM

So The Driver told The Keeper about the possible position of the ticket on the dashboard, your honour. No worries.

Appeal and rejection by the IAS will only encourage the scammers, and may persuade a judge in their favour.

They must have received the appeal in order to respond, so proof of posting is irrelevant.

What you should be concentrating on now is sending the scammers, and the DVLA an SAR. Details of how to do this can be found in a thread beginning "June 2018 ..."

You should also complain to your MP and Sir Greg Knight MP about this unregulated scam.

These are some of the comments made by the MPs in Parliament concerning the unregulated parking industry (Feb 2018):

https://hansard.parliament.uk/commons/2018-02-02/debates/CC84AF5E-AC6E-4E14-81B1-066E6A892807/Parking(CodeOfPractice)Bill

''Rip-offs from car park Cowboys must stop''; unfair treatment; signage deliberately confusing to ensure a PCN is issued; ''years of abuse by rogue parking companies''; bloodsuckers; ''the current system of regulation is hopeless, like putting Dracula in charge of the blood-bank''; extortionate fines; rogue operators; ''sense of injustice''; unfair charges and notices; wilfully misleading; signage is a deliberate act to deceive or mislead; ''confusing signs are often deliberate, to trap innocent drivers''; unreasonable; a curse; harassing; operating in a disgusting way; appeals service is no guarantee of a fair hearing; loathed; outrageous scam; dodgy practice; outrageous abuse; unscrupulous practices; ''the British Parking Association is as much use as a multi-storey car park in the Gobi desert''; and finally, by way of unanimous conclusion: ''we need to crack down on these rogue companies. They are an absolute disgrace to this country. Ordinary motorists and ordinary residents should not have to put up with this''.

These are the exact words used, so you should quote them to your MP in a complaint and ask him/her to contact Sir Greg Knight MP if he wants further information about this scam.

Umkomaas · 7 June 2018 at 9:20PM

However in my appeal to the ES I mention (stupidly) that 'your attendant may have missed the ticket due to a possible obstruction of the vent...have I dammed myself here?

You're making the assumption they read any of this stuff.

Also a few threads mention that when going to court it has been favourable to show 'appeal and then rejection' to the IAS?

Which threads are they? Links please.

You most certainly don't want a PPC to be waving a decision from an 'independent' adjudicator, invariably backing their position, in front of a Judge. Puts you immediately on the back foot, especially if also up against a grumpy Judge who is swaying towards the PPC.

ESPEL are litigious, so you may well be faced with court proceedings before too long. Easily defendable - and the forum will help.

Coupon-mad · 7 June 2018 at 9:24PM

Also a few threads mention that when going to court it has been favourable to show 'appeal and then rejection' to the IAS?

That would be daft.

The NEWBIES thread makes it clear (except with PCM who are worth poking with a sharp stick and a blunt IAS Assessor) forget the IAS.

Tabz123 · 7 June 2018 at 9:38PM

I think I have trawled the forum too long and perhaps am confusing myself with what I have 'perceived' to have read. I have always contested unfairness in the past and am passionate about seeing this one through.

Short story but few years ago NCP towed my car for parking on a 'disabled bay' but I after pursuing the case, getting a genuine person with a disability to demonstrate on video the impossibility of using the bay, I got back my £200 (for tow and impound costs). The disable bay had its paint removed and the metal identifying badge had been ripped off, yet they claimed the bay was still valid. But all was well after a few well written letters, and videos and measurements of the bay!

After reading all the posts of advice/support I am definitely going to see this one through!

Fruitcake · 7 June 2018 at 9:48PM

There is a wonderful thread on pepipoo about NCP having to pay £87 grand in costs after they towed someone's car away.
Oh dear, how sad, never mind.

Redx · 7 June 2018 at 10:43PM

Tabz123 wrote: »

I think I have trawled the forum too long and perhaps am confusing myself with what I have 'perceived' to have read. I have always contested unfairness in the past and am passionate about seeing this one through.

no problem with you contesting unfairness, but the IAS is unfair, so do your contesting at LBC and MCOL stages

Tabz123 · 11 June 2018 at 9:16PM

Update:

I have now emailed my SAR to DVLA via SubjectAccess.Requests@dvla.gsi.gov.uk as well as sending a SAR by post to the PPC.

Finally I wrote a short email complaint to my local MP, local councillor and also Sir Knight.

Will keep you all appraised of any updates.

ES Parking IAS

Comments

Categories

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