NTK from ECP

JMax

Good Afternoon,


Still reading through the newbies thread. There is a wealth of information in there ad I have to admit I'm a little mind blown so making notes with regards to what applies to me in this instance.


Just some quick background I got an NKR from ECP for parking at a Carvery in Sutton Coldfield. It was dark and rainy and the signs are not illuminated. In any case I have parked there before with the family without incident and they have also sent the NTK to the wrong address (mums house). I don't want any markers put on their property so going through the ECP Appeal process on their website, going to use the below template unless it is out date?


Dear Sirs

Re: PCN No. ....................

I challenge this 'PCN' as keeper of the car.

I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Your unremarkable and obscure signs were not seen by the driver, are in very small print and the terms are not readable to drivers.

There will be no admissions as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 and offer me a POPLA code, or cancel the charge.

Should you obtain the registered keeper's data from the DVLA without reasonable cause, please take this as formal notice that I reserve the right to sue your company and the landowner/principal, for a sum not less than £250 for any Data Protection Act breach. Your aggressive business practice and unwarranted threat of court for the ordinary matter of a driver using my car without causing any obstruction nor offence, has caused significant distress to me.

I do not give you consent to process data relating to me or this vehicle. I deny liability for any sum at all and you must consider this letter a Section 10 Notice under the DPA. You are required to respond within 21 days. I have kept proof of submission of this appeal and look forward to your reply.

Yours faithfully,


Don't want to be that annoying guy who hasn't read previous threads, this is my first foray on MSE so apologies for the novice post. I will carry on going through the NEWBIES thread and also having a look at TwinkleMags thread to do with a PCN from ECP.


If there are any other quick pointers anyone can provision me with I would be most grateful

The_Deep

Learn about the game into which you have been co-opted.

It is the will of Parliament that these scammers be put out of business. Hopefully that will take place in the near future. The Bill has passed through the HOC without hitch, and goes to the Lords soon. In the meantime involve your MP, the poor dears are buckling under the weight of complaints about these scammers. Read this one which I wrote earlier

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of alleged contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors. Is has been suggested by an MP that some of these companies may have connections to organised crime.

Parking Eye, CPM, Smart, (especially Smart}, and others have already been named and shamed in the House of Commons as have Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each week), hospital car parks and residential complex tickets have been especially mentioned. They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

The problem has become so widespread that MPs have agreed to enact a Bill to regulate these scammers.

Sir Greg Knight's Private Members Bill to curb the excesses, and perhaps close down, some of these companies passed its Third Reading in late November, and, with a fair wind, will become Law next year.

All three readings are available to watch on the internet, (some 6-7 hours), and published in Hansard. MPs have an extremely low opinion of the industry. Many are complaining that they are becoming overwhelmed by complaints from members of the public. Add to their burden, complain in the most robust terms about the scammers.

Umkomaas

they have also sent the NTK to the wrong address (mums house).

They will have sent it to the address shown on your vehicle's V5C (log book). Did you update when you moved out? Check it, if it's still showing a former address you need to update the DVLA - a separate notification for each of your V5C and your driving licence.

The blue text appeal (the one you've pasted above) is your starting point - get it in within the timescale set by the PPC and use the method of submission they require, along with any details they require.

It will be rejected, then it's on to POPLA. The NEWBIES FAQ sticky, post #3, tells you all about appealing to POPLA.

JMax

Definitely updated when we moved house. Got a replacement driving license with the correct address on it too......


The appeal form is asking for my address details, cant progress without them. Guess will just have to provide in order to move this along.


EDIT: Just noted the separate notification for V5 and driving license
EDIT/UPDATE: Submitted, screenshots taken. Lets see what happens.

JMax

Apologies for the thread revival but I've not heard back from ECP following the appeal I raised via their website on the 20th December. The 21 working day reply period I gave them is up this Friday. Have been keeping an on junk email and snail mail at home and at mums house - nothing received, zip, nada, niente, diddly squat.


If nothing received by Friday what then?

Le_Kirk

When you appealed, did you give them your new address? If not, worth checking that post has not gone to your old address. If no joy, complain to Steve Clark at BPA that you have not been given a POPLA code in the prescribed time interval. [EMAIL="steve.c@britishparking.co.uk"]steve.c@britishparking.co.uk[/EMAIL]

JMax

Definitely gave new/correct address. Thanks for Steves email address, Ill see what the state of play is tomorrow and email him over the weekend.

Umkomaas

JMax wrote: »

Apologies for the thread revival but I've not heard back from ECP following the appeal I raised via their website on the 20th December. The 21 working day reply period I gave them is up this Friday. Have been keeping an on junk email and snail mail at home and at mums house - nothing received, zip, nada, niente, diddly squat.


If nothing received by Friday what then?

JMax wrote: »

Definitely gave new/correct address. Thanks for Steves email address, Ill see what the state of play is tomorrow and email him over the weekend.

Those 21 days are nothing to do with the BPA, they are in relation to the Data Protection Act.

They have 35 days in which to consider and respond to an initial appeal. Hold off on any correspondence with Steve Clark until after 35 days.