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County Court Successful Defence ES Parking/Gladstones Spinningfields Manchester
bombdog
post Wed, 18 Jan 2017 - 15:37
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The judge ruled in our favour for three reasons, all of which would have been enough for us to win on their own:

1. ESP were pursuing the registered keeper but the driver was named.

2. The signage is incorrect - the signs state that the private land is managed by ES Parking Enforcement Ltd but it is not, the land is managed by Spinningfields Estate.
The signs states "No Stopping at all" but as it's a dead end cars have no choice but to stop in order to turn around, there are no signs at the entrance to say "private road" or "no entry"
ESP Witness statement claimed the signs were positioned "where bound to be seen" - the judge looked at our clear colour photos and concluded they were not bound to be seen, also asked why they are at the maximum height allowed.
Signs state "Non-payment will result in additional charges" ESP were asking for £50 - the judge ruled this was excessive.
The signs have since been removed by order of Manchester City Council (on the area were our car was photographed - may not be the case for other areas)

3. ESP was relying on "ParkingEye Limited v Beavis" the judge ruled this not relevant in our case as no stopping was allowed and no free period of parking.

See the thread here: http://forums.pepipoo.com/index.php?showto...08798&st=20
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