ECS PCN - draft to appeal help

Martinez83

Hi All,

I’ve checked newbies thread but can’t find what I am looking for.

Essentially I am after a draft to appeal a PCN from Euro Car Services carpark. Someone I know have parked on their car park when visiting a mexican restaurant in the morning. No parking payment was made as the person assumed it was free of charge retail parking (there were some parking signs which were obviously missed, staff member when asked said it was free of charge).

So is there a point to appeal (the drafts I have seen are for overstay only) or should the person give up and pay 60 gbp charge?

Thanks,

Martinez

Coupon-mad

Euro Car Services

Check the name; that isn't a firm we have ever heard of, so that looks like a typo.

The template is NOT about an overstay! You can delete that bit safely if you wish.

Of course the victim doesn't pay, albeit they need to understand that, assuming this is an IPC firm, appeal doesn't actually 'work' in that these firms NEVER just cancel.

That is NOT a reason to pay a scam - that would be like paying a determined email phishing scam.

Martinez83

Sorry - its Euro Car Parks. Is that “legitimate” company?

Coupon-mad

LOL, only ECP then. None of these firms are legit; the whole industry operate a scam.

No-one ever pays them here, and I've ignored ECP myself twice, before POPLA existed as an option to try to bat it away.

They are a BPA company that (currently) never sue people, but sometimes win at POPLA. If that happens, people just ignore them.

This is no different than any other case, and the NEWBIES thread covers what you need to do - complain to the retailers, and appeal as keeper to ECP to get a POPLA code.

Martinez83

Thank you so much.

So just to clarify - should the appeal template from first post in newbies thread be used or is there a specific letter somewhere else? And should we complain to retail first or do both things (complain plus appeal) simultaneously?

Coupon-mad

I tend to say complain first, as you have 28 days before you need to appeal to ECP in the first instance (so no rush) and if you appeal too soon you put pressure on yourself with the clock ticking on a POPLA code, having got a rejection letter from ECP sooner than you need to.

There is no letter anywhere else, please use the template - and no need to change it even though some is not relevant, who cares, ECP know it!

Martinez83

Quick one - does the appeal draft works for missed pay by phone transactions too?

Coupon-mad

Yes, it's a standard template but you can always change the bit about PDT machines to 'phone app' as it's the same sort of thing about payments.

Doesn't actually matter and you are not doing the appeal in May anyway.

Don't look at the £60 'discount' rubbish and get twitchy abut 14 days. The NEWBIES thread FAQS does tell everyone this. Complaint FIRST.

Martinez83

Complaint done - spoken to assistant manager who said that she will be more than happy to help but unlikely they will budge...

I guess it will go down to the appeal then....

The_Deep

Nine times out of ten these tickets are scams and will fail in court so complain to your MP.

Parliament is well aware of the MO of these private parking companies, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

Martinez83

Since you are so helpful - quick advice request. When writting to the restaurant with complaint - do I still maintain driver/keeper approach or can I use my partner, us, me etc.? It will be hard to tell them that we are their frequent cuatomers without proper description but simultaneously I am concerned that they may forward the email to ecp which would then mess up with the appeal.

And what about MP contact? Can I use our
personals here?

Finally - is there a way to find out who the actual landowner is?