Free Traffic Legal Advice

I have requested all of the information off them as its been lost in my emails due to how long its all taken, the most recent appeal that was sent to gladstone that never got a response went as follows...


Your Ref. xxxxxxxxxxx
Proposed Legal Proceedings
Claimant: ES Parking enforcement Ltd

I refer to your letter of claim.
The alleged debt is disputed, and any court proceedings will be vigorously defended.

I am sourcing and seeking independent debt advice and as such, I formally request that this matter be put on hold for an additional 30 days, in accordance with the Pre-Action Protocol for Debt Claims 2017 ('the PAP').
I wish to formally dispute the validity of the parking charge notice (PCN) issued to me. The circumstances surrounding the alleged violation stem from my parking position, which was partly not in a designated parking space, but rather an area that is neither marked nor coned off. I parked at an angle to avoid potential damage from the vehicle parked closely next to mine due to the small nature of the spaces. Importantly, my vehicle did not obstruct any designated parking spaces or pathways for pedestrians; it was positioned in a manner that allowed full access for other users of the car park. As such, I believe that my parking did not impact the overall capacity of the car park or hinder other motorists and pedestrians. I respectfully request that you consider these mitigating circumstances when reviewing my case. I maintain that I acted reasonably under the circumstances to protect my vehicle, and the issuance of the PCN in this instance is unjustified.
I am writing to formally appeal the Parking Charge Notice (PCN) issued on 28/11/2024 for the vehicle with registration number BL11DYG, As the registered keeper of the vehicle, I make this appeal on the following grounds:
1. Breach of Proportionality and Fairness Under the SCoP

The Single Code of Practice (SCoP) sets clear principles for parking enforcement, requiring charges to be:
Proportionate: Parking charges must be justified by the impact of the alleged contravention.
Fair and Transparent: There must be no penalty element where the alleged breach does not interfere with the legitimate management of the site.

Application to This Case:
No Obstruction: The vehicle was partially parked in an adjacent bay that was coned off and unavailable for use. This did not obstruct other users or interfere with the operation of the site.
No Loss to the Landowner: As the coned-off bay was not in active use, there was no financial or operational loss to the landowner.

Issuing a PCN under these circumstances is unreasonable, disproportionate, and contrary to the principles of fairness and proportionality outlined in the SCoP.

2. Failure to Consider Mitigating Circumstances

The SCoP requires operators to consider mitigating circumstances when issuing and reviewing parking charges. In this case:
The area my car encroached into was not another bay and there was no signage which indicated it should be kept clear, eliminating any potential impact on other users.
The vehicle’s position did not cause any obstruction or hinder the effective management of the site.

The lack of any material impact on the landowner or other users further undermines the justification for this PCN.

Conclusion

On these grounds, I request the cancellation of this PCN for the following reasons:
•   The issuance of the PCN is contrary to the SCoP principles of proportionality and fairness, given the absence of obstruction and loss.
•   That the amount being claimed has increased by a hugely exaggerated amount which the Government called "extorting money from motorists".


Further Requests if the Appeal Is Rejected

Should you choose to reject this appeal, I request the following:
•   An explanation of how the operator has considered the mitigating circumstances in line with the SCoP.
•   Am I to understand that the additional £70 represents what you lot dress up as a 'Debt Recovery' fee, and if so, is this nett or inclusive of VAT? If the latter, would you kindly explain why I am being asked to pay the operator’s VAT?
•   With regard to the principal alleged PCN sum: Is this damages, or will it be pleaded as consideration for parking?
Failure to adequately address these points will leave me no choice but to escalate this matter to the independent appeals service.
Should I be expected to attend court, I will have to book off a days unpaid work which I will expected to be reimbursed for by yourselves depending on the outcome of the event.
 
Kind regards,
Daniel Smith.

appologies if this is no use to you as of right now, id imagine ES parking will take their time getting me my documents so is there something i should send in the meantime to gladstones?

Hello all,
My first time going to a big city with a clean air zone I got done, not knowing that it was there, honest mistake...

I came to this website for advice and noticed some similar cases who contested so i used a similar layout to contest,
they've got back to me with a rejection.

I will attach the relevant documents below...

*edit*
give me an hour to figure out how to attach images, my bad, first time post...

Okay thanks for the response, I did refer to myself in the first person in the previous appeals and when explaining the circumstances of the event but I guess I can only see what they say at this point.
Thanks again.

I am only dealing with one PCN, I appealed to them twice which is why there are two rejections, I don't have copies of my appeals, I mainly explained that I wasn't encroaching into another space but don't have them in writing. I have not written to the IAS and I am looking to write an appeal to Gladstones as they are acting on behalf of ES parking enforcement. I am asking for advice on how to move forward.

The images show the original NtK, the manor my vehicle was parked as well as the first page from Gladstones (I'll reply with the rest)

The image of the sign was an outdated version of the sign on the carpark as they won't provide me with a picture, but I will get one on Thursday when I am in Preston,

If you cant assist until I have the picture of the sign I can start from a clean slate later in the week, My apologies and thankyou for your help.

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Hi all, I'm having some issues with a parking fine i was given for parking outside of a bay but not into another bay but rather into a corner. I was driving the car and parked in this manner to avoid damage to my car which was door dinged the week prior, i am aware i look a bit silly now for parking on this angle rather than just slightly over the line into the corner of the carpark (not another space). However, I cannot in the right mind pay a 60-100 pound fine for doing this when i paid my all day tariff and didn't effect anyone else's parking or the capacity of the carpark, however they have now got Gladstone solicitors on me...
I'm just wondering if at this point I may just have to give up and pay the £170 fine or if anyone thinks this is worth fighting?
Thanks in advance.

the image for the carpark rules is slightly out of date but they wont provide me with a new image but the text is mostly the same, i will update Thursday when i get a new picture.

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