Late appeal (over 28 days) HAVE read newbie thread

yhake

Hi guys

I received an ECP pcn on 1.9.14 (letter dated 9.9.14) so have annoyingly just missed the cut off date to appeal, due to my own error!

I've read the newbie thread and can make out that you can still appeal and this letter is advised:

Letter 1:

Dear Sir/Madam,

Ref: PCN xxxxxxxx


I am writing as the registered keeper of vehicle xxxxxxx to challenge the above ticket. I refer you to the consequences of Halsey v Milton Keynes General NHS Trust if you refuse to consider a challenge outside your normal deadline.

You are a member of the British Parking Association and in order to establish the Registered Keeper's address, you have to comply with the BPA Code of Practice and Protection of Freedoms Act 2012.

The BPA Code of Practice clearly states the following:

19.7 If prompt payment is made (defined as 14 days from the issue of the parking charge notice) you must offer a reduced payment to reflect your reduced costs in collecting the charge. This reduction in cost should be by at least 40% of the full charge.

Your charge of £100 reduced to £75 for prompt payment does not comply with the BPA Code of Practice.

Under these circumstances, I reserve my right not to identify the driver and ask that you cancel the PCN immediately or, if you refuse to do so, send me a POPLA validation code so that I may take this up with the independent appeals service.

I reserve the right to add other appeal points should a POPLA appeal be required.

I was ready to print it off and send etc until I noticed the wording and the invoice amount does not correlate with what ECP have invoiced me for. They have invoiced me for £75 with a early payment invoice of £45 (a 40% reduction) so obviously I'm hesitant to send this letter to ECP!

Can anyone advise me on what to do at this stage? Just thought starting a new thread would be best on the grounds of taking each case on its own merits etc

Thanks in advance

Coupon-mad

Well I am not sure where that version of appeal letter comes form as it's not the one in the Newbies thread? Just send the one in the Newbies thread IMHO.

yhake

yes it is, there is a link to it on the section where it says 'too late to appeal you think?' it is the first link on that section, I would post a link myself but it won't let me as a newbie..

I bow to your superior knowledge but I'm thinking that if I send an appeal letter that is worded incorrectly they will just throw out my case on a technicality?

Coupon-mad

Well the latest appeal letter is written to be used at any time, and deliberately also 'cancels the contract' which will confuse them no end (a new addition).

I like this bit at the start:

I am writing as the registered keeper of vehicle xxxxxxx to challenge the above ticket. I refer you to the consequences of Halsey v Milton Keynes General NHS Trust if you refuse to consider a challenge outside your normal deadline.

but felt the rest of that version missed the point a bit (I appreciate it was on a thread linked and that you didn't write it!). BPA CoP breaches aren't relevant to any POPLA argument nor any legal argument. The reduction of the charge by 40% (or not) isn't going to win any appeal and as you say, they have actually invoiced for the correct discount amount. That's why I suggest using the current first appeal, maybe just with your bit at the start, added in. It's a much more robust appeal.

yhake

Thanks Coupon-mad, I'll get that sent off tomorrow, appreciate your help