ECP POPLA appeal

neisey

I’m currently appealing a parking fine from ECP with POPLA - the last that I submitted I was no longer able to bring new evidence and had limited characters to respond to the ECP information pack. So I did this. Roll on about four weeks with no word, today I receive en email from ECP, with more information and links backing up their side. But to access the information I have to send photo ID to them to prove my identity!

How is this fair? I had one chance to defend my case with evidence, I then was limited to my reply to their evidence so about a 200 word statement if that. surely they should only have one chance also. Plus why are they sending information to my email? As far as I recall I have never given ECP my email address.

Redx

I suggest you have a word with POPLA about this


and to get around the 2000 character limit , I believe popla may allow you to email them with any rebuttal, which removes the online restriction of 2000 characters (not words)

Coupon-mad

Definitely complain to POPLA and ask for an extension to the seven days as you have not even seen the evidence pack yet, due to the operator withholding it from you and demanding ID first.

Ask if this is something POPLA actually allow, given that POPLA and the appellant are meant to be provided with the same evidence at the same time. Ask that this matter is rasied with Mr Gallagher the lead adjudicator, as AOS members can't stop appellants from seeing the evidence packs when POPLA see them, and reduce the seven days allowed.

neisey

Thank you, well they already sent their evidence to POPLA, I responded with the worded reply that I still contest as they have still failed to acknowledge a point I had raised. Then I’ve heard nothing from POPLA, but got the email from ECP today. I’m going to email POPLA as ECP are then allowed to send further evidence when I can’t this seems a little biased to me! I need to check my letters too to check I never gave them my email address as I’m sure I never. Thanks for your advice.

Coupon-mad

Are you sure this latest email is to do with POPLA? Does it say so?

Or did you ask for a SAR?

neisey

Yeah I asked for a SAR, but initially with my first appeal. They sent the evidence pack to OPLA and ignored my request, when I responded to their evidence I said they had failed to acknowledge my request. Today they have emailed me out of the blue with how to sent my ID etc. Is this normal then?

Coupon-mad

Sounds like an answer to the SAR. Normal to seek ID before releasing data, yes.

Nothing to do with POPLA...

neisey

But surely they should have done this as part of their initial evidence which they submitted I asked re the SAR in my original appeal which they ignored - when I had the small reply via POPLA I Used that as a point to dispute the PCN, that they had failed to meet my request.

Weeks down the line whilst waiting for a final decision from POPLA. I have the email, from ECP, with all of the details how to obtain the SAR. Isn’t this too little too late, why can they respond to me with more information, when I can’t, I wasn’t allowed to bring forward any new evidence. Just have my say over their evidence pack. Also why send it to my personal email which I’m sure I’ve never given to ECP.

Coupon-mad

You will have put your email in when appealing to POPLA so maybe they saw it there. Does what they have now shown you, disclose anything important?

And even if people lose v ECP at POPLA, everyone ignores them so, who cares?!

neisey

No, but i guess what I’m asking is why are they allowed to submit further responses/evidence to me personally - which they originally ignored in my proper appeal. Surely this should have been a part of their original evidence pack.

I pointed out they had failed to acknowledge my request in my 1000 character response - is this allowed that they send me this four weeks after my final Popla reply to their evidence? I was only allowed a 1000 character response to their evidence. I could have sent further evidence to their personal email if can bat back and forth like this.

Also why not send this information via Popla, where all their other evidence was submitted?

Coupon-mad

Because it's nothing to do with POPLA and POPLA have not seen it, this looks to be further data as a result of you saying they'd failed to send everything following your SAR.

This has nothing to do with the POPLA appeal, and if it's lost, ignore them.