ES Parking Blackpool, Daughter receives £300 fine for parking over line |
ES Parking Blackpool, Daughter receives £300 fine for parking over line |
Fri, 28 Jul 2017 - 08:36
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#1
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Member Group: Members Posts: 27 Joined: 28 Jul 2017 Member No.: 93,244 |
Hi
Advice needed please. The driver visited Blackpool. The driver parked the car for three days in a pay and display car park and paid the appropriate fee. The driver has now recieved in the post 3 parking fines for the three days she was parked from a company called ES parking enforcement ltd. The fine for each day including photographic evidence is for Not parked correctly within the markings of the bay or space. The photo clearly shows that as well as parking with one rear tyre on and slightly over the white line the driver is also right next to the parking enforcement notice sign. 3 separate fines at £100 each for each day so a total of £300. The driver did not move the car for the duration of the 3 days once the driver had parked. Is there anyway to reduce or nullify these fines? Thank you This post has been edited by Bushido: Fri, 28 Jul 2017 - 09:57 |
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Fri, 28 Jul 2017 - 08:36
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Fri, 28 Jul 2017 - 14:36
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#21
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Member Group: Members Posts: 8,582 Joined: 9 Feb 2006 Member No.: 4,813 |
I believe that they are not allowed under their contract to use the information for more than the incident they requested the information for. Yup, Got it in one. The DPA allows for continued use of data for purposes of the same nature but the DVLA expressly says they don't allow it in the KADOE Contract. Why would they? They lose out on £2.50 every time information is reused. I would do the bogoff letter and add that they should now comply with S.10 of the DPA and remove your personal details from their system and inform you they have done within 21 days. I think my own bogoff letter from the template signature link is up to this. -------------------- The Asda shopping trolley parking ticket enthusiast
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Fri, 28 Jul 2017 - 15:03
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#22
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Member Group: Members Posts: 1,887 Joined: 16 Jul 2015 Member No.: 78,368 |
Have looked for a previous PCN in Blackpool over a line issue.
Try this link. Ctrl + click http://forums.pepipoo.com/index.php?showtopic=107210 If not search in top box for - Parking Awareness Ltd, Blackpool Pleasure Beach |
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Mon, 31 Jul 2017 - 09:38
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#23
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Member Group: Members Posts: 27 Joined: 28 Jul 2017 Member No.: 93,244 |
Many thanks for all the advice and info.
I will pen a letter now based on your suggestions and get it sent off. Let you know how we get on. Thank you |
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Thu, 24 Aug 2017 - 15:24
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#24
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Member Group: Members Posts: 27 Joined: 28 Jul 2017 Member No.: 93,244 |
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Thu, 24 Aug 2017 - 16:24
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#25
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Member Group: Members Posts: 28,687 Joined: 27 Nov 2007 Member No.: 15,642 |
You didnt think theyd just simply stop did you?
Youre on ignore everything bar LBA or court papers now. Keep everything. |
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Thu, 24 Aug 2017 - 21:05
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#26
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Member Group: Members Posts: 18,751 Joined: 20 Sep 2009 Member No.: 32,130 |
This was exactly as expected.
Same as all IPC tickets: - do not pay - appeal once, as keeper (you have done that). - ignore debt collector letters, only contacting them about any change of address - come back if you get a court claim, we know how to defend and it's not putting your credit at risk. - did I say, do not pay... |
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Thu, 24 Aug 2017 - 21:39
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#27
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Member Group: Members Posts: 3,124 Joined: 8 Feb 2013 Member No.: 59,842 |
Why not invite them to issue court papers and let a judge decide this. Issue within 14 days or you will consider the case closed.
If they continue to pursue the keeper when they have no lawful right to do so, you reserve the right to pursue them for a breach of the Data Protection Act principles and will sue for up to £750 per breach. You will be relying on the following cases: Vidal-Hall Vs Google Inc [2014] and Halliday Vs Creation Consumer Finance Ltd [2013]. http://www.parkingcowboys.co.uk/data-protection-act/ |
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Sat, 2 Sep 2017 - 08:22
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#28
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New Member Group: Members Posts: 3 Joined: 2 Sep 2017 Member No.: 93,822 |
Hi,
not hijacking your thread but wanted to let you know that exactly the same thing has just happened to me. same car park, same period, no ticket on car. PCN arrived 38 days after original parking. also slightly over the line. I just wanted to add that at the bottom of their PCN they claim to be members of the BPA. but the BPA website has no record of membership?? Regards Braxar |
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Sat, 2 Sep 2017 - 09:25
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#29
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Member Group: Members Posts: 1,887 Joined: 16 Jul 2015 Member No.: 78,368 |
Ok, your in similar situation, but start your own thread and therefore posts can be compared and helpful.
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Sat, 2 Sep 2017 - 12:57
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#30
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Member Group: Members Posts: 277 Joined: 29 Aug 2017 Member No.: 93,755 |
It may be a bit too late, but could the thread title be altered to comply?
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Mon, 25 Sep 2017 - 09:24
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#31
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Member Group: Members Posts: 27 Joined: 28 Jul 2017 Member No.: 93,244 |
Latest letter from ES (X3 for the 3 days)
She is getting nervous at the mention of debt collection, credit rating being affected etc Any further advice at present? Are debt collectors likely to be used and what should we do if they turn up? Thanks |
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Mon, 25 Sep 2017 - 09:46
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#32
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Member Group: Members Posts: 41,506 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
No one will be calling unless they have a court judgment.
As I noted on post #2 they are litigious so a claim is likely. Be prepared for that - collecting photo's, notes etc... This post has been edited by Jlc: Mon, 25 Sep 2017 - 09:46 -------------------- RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request Private Parking - remember, they just want your money and will say almost anything to get it. |
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Mon, 25 Sep 2017 - 10:25
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#33
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Member Group: Members Posts: 28,687 Joined: 27 Nov 2007 Member No.: 15,642 |
Yes, youve been told to expect a claim
Until a claim is lodged with the courts, then there cannot be a judgement (tihnk about it...) meaning no chance of credit rating being affected IF you get papers and IF you lose (no response or you lose the hearing) and IF you dont pay within the usual one month THEN the CCJ is recorded and your credit rating suffers Notice the number of "IFs" there! What research OUTSIDE of your own thread have you managed in three weeks? The MSE FORUM "newbies...." thread is a MUST read. Read up on the small claim section so you KNOW what to expect. |
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Tue, 26 Sep 2017 - 15:54
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#34
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Member Group: Members Posts: 27 Joined: 28 Jul 2017 Member No.: 93,244 |
Thank you for replies.
What is and where is the MSE forum? We have been rather indisposed dealing with the fallout following the death of my daughters partner. Inquest, financials and all the support that is needed as she is trying to work two jobs and look after two young children. Part of me still thinks I should just pay it as I neither have the time or the inclination to deal with this irritation as there are far more pressing things to be doing at times like this. |
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Tue, 26 Sep 2017 - 19:45
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#35
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Member Group: Members Posts: 23 Joined: 15 Sep 2017 Member No.: 94,062 |
MSE = Money Saving Expert dot com. There's a forum called The Parking Tickets, Fines & Parking Board
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Wed, 27 Sep 2017 - 06:49
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#36
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Member Group: Members Posts: 28,687 Joined: 27 Nov 2007 Member No.: 15,642 |
Indeed, if there is no chance to fight then pay
OR given they dont often do court, just hold on. Ywn debt collector letters that do nothing can be ignored, but filed away, and only come back if you have a letter before claim OR a court form. If youre still in a mess then, maybe then consider paying. |
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Sat, 21 Oct 2017 - 09:05
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#37
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Member Group: Members Posts: 27 Joined: 28 Jul 2017 Member No.: 93,244 |
Indeed, if there is no chance to fight then pay OR given they dont often do court, just hold on. Ywn debt collector letters that do nothing can be ignored, but filed away, and only come back if you have a letter before claim OR a court form. If youre still in a mess then, maybe then consider paying. Thanks for the advice, we are still plugging away! Now received “Letter before claim” should I reply with the same letter from before re they have not written within 14 days or is there something else we should do? Thank you in advance |
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Sat, 21 Oct 2017 - 09:41
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#38
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Member Group: Members Posts: 41,506 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
The claim will follow, get ready.
Did we see pictures of the signs yet? -------------------- RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request Private Parking - remember, they just want your money and will say almost anything to get it. |
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Sat, 21 Oct 2017 - 12:35
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#39
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Member Group: Members Posts: 17,088 Joined: 8 Mar 2013 Member No.: 60,457 |
Did you get the information from the DVLA about who has contacted them for the details of the car registration?
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Sat, 21 Oct 2017 - 12:42
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#40
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Member Group: Members Posts: 27 Joined: 28 Jul 2017 Member No.: 93,244 |
The claim will follow, get ready. Did we see pictures of the signs yet? No pictures I’m afraid, unable to view on google street at the right angle to read. Did you get the information from the DVLA about who has contacted them for the details of the car registration? No, I did not see the relevance of this if our defence as otherwise advised was to state the claim was not applied for within 14 days. |
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