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Hi, I parked in a loading bay for what felt like no more than 15 minutes and received a parking ticket. See images attached. I couldn't see any signs that clearly displayed the time allowed or the terms and conditions. Is this legal? Please let me know if you need any information and thank you CAG in advanced!
Hi all, I started this thread following a post on Ginger's thread located in this forum (unable to post links yet). I have the same situation: 1) I sent a standard letter asking for the basis of the invoice and offering to go through POPLA as court is unnecessary. 2) Got an "appeal rejected" letter despite not actually appealing, rather just requesting information and offering to resolve the matter. 3) Got further letters from ES Parking and then one from Gladstone. I didn't bother wasting my money on postage sending a reply as I saw from every other person that they just ignore it anyway. I have a couple of weeks to submit my defence. I'm expecting to win, naturally as these guys are nothing more than low life cowboys. Any advice on what my defence should consist of? I was thinking of the following main points: 1) The driver was not identified and ES Parking refused to help in identifying the driver despite my request for information. I am only the registered keeper of the vehicle so why should I be liable? 2) The fee is not a genuine pre-estimate of loss (I have previously won a case through POPLA on that grounds) 3) I offered the claimant the option to resolve this through POPLA to avoid court and my offer was simply ignored. 4) My original letter (sent by recorded delivery) requesting information on the basis of the invoice was simply ignored with subsequent letters making unfounded demands for money 5) The invoice itself is baseless as ES Parking are just contractors, they don't own the land. That's the crux of it, is there anybody willing to help me in terms of adding extra points and the wording which will go into the defence? I'm also looking to make a claim for loss of earnings due to attending the court case should they go ahead with it - any help with that would be much appreciated. Many thanks all
Hi there, I (like many others) am in the same situation as Ginger - handed a PCN from ES for parking /stopping in the Spinningfields area. Letters of complaint / information requests have been ignored, Gladstones involved and the case referred to County Curt Business Centre. I'm pretty anxious and have never dealt with anything like this before. I am seeking some urgent advice as I returned from holiday to find the county court claim and now only have 2 days to respond... I obviously want to appeal and thinking along the lines of (pls forgive the lack of legal terms etc) : I am disputing this claim for the following reasons : 1) I have written to ES Parking and their legal representatives (Gladstones) several times to ask for more information and complain about their imposed fines. No acknowledgement or response has been received. 2) No evidence of wrongdoing / an offence being committed has been provided. They have sent me a photo of the front of a car - it is not evidence that an offence is being committed as you can only see the front half of a front end of a car in the photo (not the location or that the car is stopped). In the photo you can clearly see the two hands of the driver at the steering wheel, which suggests that the car was being driven at the time of taking the photo (i.e. not parked). 3) The charge they have applied is excessive, disproportionate and not commercially justifiable. Was £100, then £150, now £227. The original £100 is excessive and the subsequent increases and escalation to court whist ignoring my requests for more information and letters of complaint is wholly wrong. I suggested to ES parking that the original £100 charge was excessive and outweighs any cost to the landowner - I have asked for a breakdown of actual costs and subsequent increases. (No acknowledgment or response received). 4) The photo evidence provided is time-stamped with a different time to that of the alleged offence (the photo was taken at a different time to that of the alleged offence). Moreover as per point 2 - the photo is not evidence of any offence being committed. Their letter states that "the 'period of parking' to which the charge relates is the period immediately preceding the incident time" (the photo evidence is taken after the incident time). (the incident time is 12:00, photo is time stamped at 12:03) 5) There was no/insufficient signage on site at the time of the alleged offence. I have asked ES parking to confirm that there was signage on date of alleged offence - no response received. There is now signage onsite (months later) however this signage is inadequate as it's too small (roughly A4 size with lot's of very small text written on it), it is difficult to read from any distance and certainly cannot be read from a car, let alone a moving vehicle. There are no signs or anything to suggest that you are leaving a public road and onto a private one (the site of alleged offence is Manchester City Centre) - this is very confusing, perhaps deliberately so. It is not clear that the signs are referring to the road - it looks like they are referring to the adjacent pedestrian areas in front of some flats / offices, not that they are referring to the road - which you would assume was a public highway. 6) There were no road markings at the time of the offence to suggest that parking was prohibited (can evidence via google maps). 7) I have a 24/7 365 day a year parking space in my office underground car park at the site of alleged offence (so I have no reason to park outside, when I have a space inside). This can be evidenced if required. Does the fact that both drivers hands are at on the wheel in the photo provided suggest that the car was being driven into work car park ? (if indeed the photo was even taken at the site of alleged offence). 8) I have asked ES Parking and their solicitors (Gladstones) for more information to confirm who is the legal landowner and that ES Parking has their authority in this matter and also to confirm that the road where the alleged offence took place is in fact a private road. I have also asked for full details of the alleged offence and how long the car was parked for. No response or acknowledgment received. It is just not credible or fair that ES Parking can send members of the public a picture of half of the front end a car, showing only that the drivers hands are at the wheel and not the location where the photo was taken or that the car is illegally parked (or even parked at all) and demand payment of £100. They have not provided any details or evidence : - Of any offence being committed. - Details of the offence and how long the car was parked for. - That the vehicle was on site at the time of offence. - That they have authority from the landowner to pursue costs. - That actual costs to the landowner have occurred. - That the site of alleged offence is not a public highway. - In addition the time of offence is not the time the photo was taken. With the above points in mind, you write back to ES Parking to ask for more information and to contest their parking charge, they ignore you and ramp the costs up to £125, a further letter from you is ignored and then costs ramped up again to £150, you write again, which they ignore and then escalate the matter to a court. I believe that this demonstrates that ES Parking are operating in an aggressive, predatory and disproportionate manner which is designed to bully and intimidate innocent members of the public in order for them to obtain money. Are points 2 and 4 valid ? I'm (very obviously) a lay person but I'm hoping these are important from a legal perspective. Would really appreciate any help and guidance you can offer - thanks so much Roo