es parking PCN - central reads secure car park blackpool

[ericsbrother]

having read their terms you cant breach their contract by overstaying,

just not purchasing a ticket in the first place

so anyone going here should pay for an hour and stop all day at no extra cost!

 

in your case they are using the clause about parking wholly within a marked bay and have an illustration of a car that (partially) occpies 2 bays so different to a vehicle parked sticking out of a single bay because the bays are too small to fit a dinky toy.

 

The former has a good reason for being penalised,

they lose money by the thoughtless driver taking up a space that could otherwise be used and charged for.

 

there is no prescribed minimum size for a bay in off street parking in council land so bays can be any size they want them to be

but as there is a standard for bays on public roads then this will be the benchmark and the parking co will have to show at least a plausible reason why theirs are vastly different if they want to have a condition that gives rise to such a claim.

 

If the bay is too small to fit a standard car then the contract demanding you park in such a manner can never be fulfilled so it is an unfair term,

they either wnat you to pay and park or they dont want you there at all,

they cant say park but we are going to clobber you regardless.

 

The bad news is they are too greedy and too thick to consider this sort of thing and their trade association is run by charlatans

so they become emboldened to sue people as they see this racket as a licence to print money rather than a managerial tool for compliance.

In short, they lose but only after a long battle.

 

I also note a sign for Ace security so it makes me wonder whether ES have taken over a site quite recently

if that is the case I would bet that the landowner has them on a short contract having had bad service before.

 

This will make demanding sight of their contract a must if they do try their luck at court.

It also leads to a claim of contradictory signage and you could always claim you thought the other signs were the relevannt ones not the ES ones.

 

They cant say that ist true, just witter on about how brilliant theirs are but it will still leave that doubt

[rossalyn]

thanks ericsbrother

i know i cannot show you which bay i was parked in ,

but if you study the white lines they are approx a foot or so from the wall ,

i didnt park up to the wall as previously caught my front bumper

 

i parked up to the end of the white line ,

 

so by this my car was probably sticking out the back of the bay,

i was also governed by a wall on my drivers side

 

if this should not be on here please delete rossalyn

 

thanks to all again

[dx100uk]

makes no odds

[ericsbrother]

as said,

it really doesnt matter because the spaces are miles smaller than an on road standard space and that will be taken as a comparator.

 

Although there is no law regarding how big off road parking spaces acn be if the painted box is smaller than any car then it cannot be a genuine term to the offer of parking that has been breached.

[rossalyn]

i was due to pay £100 by today

i await a summons or letter from es enforcement

 

thanks all for your advice

[ericsbrother]

long time before that happens,

you will get a series of begging letters from powerless dca's first,

then a letter from Gladstones or BW Legal,

the parking worlds last hope.

 

That is the point we suggest responding in forthright terms rather than waiting for a court claim form.

 

If they ignore your reply ( and they do) then you can show they have behaved unreasonably and claim a carrier bag full of costs and you wont even have to pay the 5p for the bag

[rossalyn]

thanks for all your advice

 

i have not received a letter yet ,

perhaps due to the xmas period ,

 

when i do get one shall i open it and reply

 

would it be possible for you to write my reply so i can copy and send ,

it would seem more professional, or shall i just write one myself

 

or should i just not open the letter and ignore making out i have not received it

 

i wish you all a happy and prosperous 2018,

 

i may have to make a trip to blackpools court or can i ask to go to a court local to myself

 

thanks all

[dx100uk]

stop running ahead of yourself

if you get anything more simply ask here FIRST before doing or NOT doing anything.

 

you seem a little confused or are not reading things carefully enough here....so best to ask eh?

[ericsbrother]

we do not suggest that you respond to any letters from a toothless dca, to do so is a waste of a stamp.

 

The only letters we recommend replying to are the letters sent out before a court claim and then we will help you with a suitable response

[rossalyn]

yesterday the 29th of december

 

i received a demand from es parking enforcement for £125

 

the letter obviously got delayed in the xmas post

it was dated 14th december

 

i had 14 days from this date to pay

[dx100uk]

Aw what a shame....

[rossalyn]

im not sure how to take your last message dx100uk

is it a shame for me or the es parking co

 

im presuming because of the delayed post

[dx100uk]

you didn't have 14 days

their time limits are totally immaterial.

why do you keep thinking you have to pay anyone..anything...?

[rossalyn]

im not paying unless a court demands i do

[brassnecked]

That will only happen if the idiot PPC takes you to court, and you don't defend it and let them get a default CCJ.

 

The team here will help defeat them.

[rossalyn]

thanks for all your help and advice wishing you a happy and prosperous 2018

[rossalyn]

received letter today for £ 160 from gladstones solicitors giving me 30 days to pay

i have just made a donation

[dx100uk]

:yo: ignore them

[rossalyn]

thanks have i a good case to win also i made another donation yesterday by paypal

[DragonFly1967]

thanks have i a good case to win also i made another donation yesterday by paypal

 

Thanks! All donations are very gratefully received. We've been reduced to Malted Milk (not) biscuits in the staff canteen at CAG Towers.

[ericsbrother]

I would respond and let them know that their client should have known better than falling for their claptrapa and that they have wasted their money hiring them to write another pointless letter as all partied know that there was no offer of a contract in the first place so cannot possibly be a breach of one and that any court action will be vigourously defended and a full costs recovery order sought along with a counterclaim for the breach of the DPA for obtaining keeper details when there was no cause to do so.

 

Don be polite, they know that their clients are uselass because they have advised them at every step and they are useless themselves.

[rossalyn]

thanks ericsbrother for reply, is there any chance of you writing this letter so i can copy in my hand writing and send to gladstones, would appreciate thanks

[ericsbrother]

just write out the above in the first person. That is all you need to do

i wouldnt send anything in my own handwriting, print it in at least 18pt characters so they can read it.

[rossalyn]

thanks again can you explain your sentence just write out the above in the first person and what is meant by 18pt characters can i send letter by email

[DragonFly1967]

It's best not to do it by email, as it gives them a free way to hassle you. If you write to them (envelope & stamp) they have to spend money to reply to you and/or hassle you further.

 

18pt characters means, write it in big letters. And in crayon might be a good idea as well