Should I Pay or Appeal ES Parking Enforcement Ltd PCN?

Have you got a parking ticket from ES Parking Enforcement Ltd? It can be a bit scary, right? Well, don’t worry; we’re here to help. Every month, more than 32,000 people come to this site for advice on tickets and fines.

In this article, we’ll help you understand:

• Who ES Parking Enforcement Ltd is and why they might give you a parking charge notice (PCN).
• If you can challenge your ticket and how to do it.
• If a PCN is a law thing that you must obey.
• What happens if you don’t pay a PCN.
• How to fight back against a private parking fine, and what to do before you send your challenge.

We know how it feels to get a PCN, as we’ve dealt with similar situations in the past. Take a deep breath and read on. We’ll show you how to deal with your PCN from ES Parking Enforcement Ltd.

Why Does Appeal ES Parking Enforcement Ltd Issue You a PCN?

In the UK, a parking charge notice is issued for parking contraventions on private land or in areas managed by private companies. There are many reasons for being given a private parking fine, and I have listed a few, below.

• Overstaying the maximum time: Many car parks, especially those at retail parks or supermarkets, offer free parking but set a maximum stay time. If you exceed this time, even if the parking is free, you can receive a PCN.
• Not paying the appropriate fee: In private car parks where payment is required, failing to pay the correct amount or not paying at all can result in a PCN.
• Not displaying a valid ticket or permit: Even if you’ve paid, if your ticket or permit isn’t displayed correctly, you might get a PCN.
• Parking in a reserved or no parking zone: Some areas might be reserved for specific users or be no parking zones. Parking in these spots can earn a PCN.
• Using spaces designated for specific purposes: Parking in a disabled spot without displaying a valid Blue Badge, or using family or electric vehicle spots without the appropriate need can result in a fine.

Is a Parking Charge Notice Legally Enforceable?

Private companies issue parking charge notices when parking conditions are violated on private land, such as a supermarket parking lot or retail park. They are not fines or penalties, but invoices for breach of contract. You have to comply with certain conditions if you park on private land (often a private parking company). In the event that you violate these conditions, the parking company may charge you. 

However, these are not generally enforceable charges. In 2012, the Protection of Freedoms Act strengthened the enforceability of these notices by making it possible for the keeper of the vehicle to be held liable for unpaid parking charges if certain conditions are met. The unpaid charges can, however, be pursued in civil courts, not as a criminal offence. 

What this means is that in many cases, you can just ignore the parking charge notice. But sometimes this can backfire, and the parking firm will hound you for a bad debt. The best advice I can give is to appeal against the charge, as many appeals are successful.

What Happens if You Don’t Pay a Parking Charge Notice

If you decide to ignore the parking charge notice, there is a potential timeline that the parking firm will follow to chase the debt, as I have outlined, below.

• Reminder letters – If you don’t pay the initial charge within the timeframe specified (usually 28 days), you’ll likely receive reminder letters demanding payment. These letters may include additional administrative costs.
• Increased costs – Over time, if the charge remains unpaid, the amount you owe might increase because of added administration fees, debt collection fees, and potential legal costs.
• Debt collection – If you continue not to pay, the private parking company may pass on your details to a debt collection agency. This agency will then contact you to demand payment. While debt collectors can pursue you for the debt, they don’t have the same powers as bailiffs, and they cannot seize your belongings.
• Court action – The parking company can take legal action against you in the small claims court to recover the money you owe. If they win the case and you still don’t pay, it could affect your credit rating. Additionally, they could pursue further enforcement action to recover the debt.

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Appealing Against a Private Parking Fine

Rather than ignoring a parking charge notice, you should consider appealing it. And there is a very well-defined process for doing this, which I have covered below.

• Collect evidence – Before you even leave the parking spot, take photographs or videos of:
  • Your car, its position, and any parking signs or payment machines nearby.
  • The ticket itself.
  • Any other relevant information such as unclear or ambiguous signs, or broken parking meters.
• Make an informal appeal – The first step is to write to the company that issued the ticket. This is called an informal appeal. You can use a standard letter template for this. You should:
  • Address the letter to the parking company’s appeals department (details should be on the notice).
  • Clearly state why you believe the charge is unfair or unjustified, using any evidence you’ve collected. For example, that the 5-minute rule was not followed.
  • Make sure to keep a copy of any correspondence and send letters using recorded delivery.
• Formal appeal – If your informal appeal is rejected, the company should provide you with a code to appeal to an independent adjudicator. There are two main independent appeal bodies for private parking tickets in the UK:
  • Parking on Private Land Appeals (POPLA) – for members of the British Parking Association (BPA).
  • Independent Appeals Service (IAS) – for members of the International Parking Community (IPC).
  • You typically have 28 days to lodge your appeal once you receive the rejection. Use the code provided by the parking company to make your case with the respective appeal body.

If your appeal is successful with the independent adjudicator, the parking charge will be cancelled.

In the event that your appeal is denied, the parking company may pursue you for the charge. If you still do not pay, they may escalate the matter to a debt collection agency or take legal action. Seek legal advice if you are unsure of how to proceed. You do have the option of taking the appeal to court, but this can be expensive if you lose.