ECP Appeal

shardsfc

Hi all, first ever post/parking ticket, some advice needed regards a PCN I've received which has now progressed to me receiving a NTK letter.

I use a Euro Car Parks site in Birmingham for work, that offers a payment system via both the usual on-site machine and also a text-to-pay service.

I've always just paid with cash, as the fee is £3 a day, however back in October I had no change on me so opted to use the text-to-pay system for the first time, instructions on how to do so is outlined on signage in the car park (of which I've taken photos).

After creating an account and texting my vehicle reg, I then received a reply by text message asking me to state my location, duration of parking time, and my CVV. I replied back with the information as required (I have dated screenshots on my phone of this), didn't receive a reply and thought nothing further of it, assuming the £3 would be debited from my card like any other transaction.

Fast forward a couple of weeks and I receive a parking fine telling me I never made a payment. Went and checked my bank account and no money had ever been taken by ECP. Now, as far as I'm concerned, I followed all of the instructions on the signage, and the instructions sent to me by text. The money was readily available in my account, and the fact it was never taken is the fault of them/their internal payment systems, not me.

I appealed to ECP, which they flat out rejected, stating it's my responsibility to ensure the payment goes through or find alternative parking. Now, anyone who uses online/mobile banking with their debit card will know that transactions do not instantly show on your account, they can sometimes take a few hours.

Again, I then tried to argue my case, and offered to pay the £3 per day parking rate which had failed, however they ignored all correspondence. They've recently sent me a NTK letter, so I've attempted to register a POPLA appeal, however as the PCN was issued in October so it's been rejected as it's past the 28 day appeals window.

What are my options now? I understandably feel aggrieved that I've been stuck with a £100 fine when I've complied with all of their instructions on paying, and can provide evidence that I have done so.

Any help is greatly appreciated, thanks!

pappa_golf

ok give some more details ,

date of offence , ticket on car or in post
date of letter from ECP
date you replied to them
date they answered and was a POPLa code included in refusal letter

pogofish

Start by having a good solid read of the Newbies Sticky to get a handle on the current situation and terminology around private parking.

ECP are fairly straightforward to beat on a POPLA appeal, despite your having identified yourself to them and given them your details for free. The NTK is when you should mount your first challenge - as the keeper only!

shardsfc

Thanks for the replies, so:

Date of offence 03.10.16
No ticket on car, I got a letter through the post

Date of letter from ecp 14.10.16

Date of appeal 14.10.16

Date of reply from ecp 03.11.16, this included a POPLA code.

Note - I am not the keeper of the vehicle

Thanks!

pappa_golf

umm how are they writing to you , if you are not the keeper?

ie: they must have asked the DVLA for the keepers details ,and the DVLA sent your info

PS: , waste of a good POPLa code there , on what date did you attempt to appeal to popla

shardsfc

Myself and the keeper share the same address and surname. For example we're both Mr Bloggs who live at 1 Fake street.

But yes they must have performed a search on the keeper and then wrote to him

shardsfc

Also, I attempted to appeal to POPLA today

pappa_golf

the code sent on 03.11.16, had a limited reply period (28 days) on the mail you reecieved did it say this , forget about hyperlinks , not everyone has access to the web , we are talking the WRITTEN word

shardsfc

The letter I was sent stated I have to appeal online to POPLA within 28 days of the date of that letter (03.11.16)

It made no reference to writing to POPLA by post.

It did however state I can request to IAS by post, and that a copy of the application form to do this can be sent at my request.

pappa_golf

ECP are registered with the BPA , the appeal system is via POPLA , what is this (rivel appeal) service the IAS got to do with this?

28 days from the 3/11/2016 is a long time before today , why did you not appeal within 28 days?

shardsfc

I have no idea what the IAS has to do with it, I'm merely quoting a paragraph from the letter I received.

Also, I'm in the process of moving house, so to be honest this was way down the list of priorities and forgotten about. I know that excuse won't wash when it comes to appeal though. But I'm hoping my initial case and evidence is strong enough