ECS PCN - draft to appeal help

Umkomaas

They shouldn’t forward it to ECP as GDPR and the DPA are likely to be breached.

Just use the royal ‘we’, or ‘the family’. I’d avoid using ‘the driver’ as to me it sounds too wooden in a letter asking for some help (and a bit like you’re trying to hide something).

I’m sure you can get the letter to flow naturally without ever identifying the driver.

All that said, ECP NtKs are now PoFA compliant, so they can legitimately pursue the keeper if they don’t have the identity of the driver. The good news is (at the time of writing’, ECP have never sued any parking charge through the courts. They do, of course, have 6 years in which to do so.

Write to your own MP and ask him to copy to the MP covering the location. Or just email both MPs.

You can phone the local council and ask which organisation pays the non domestic rates on the car park - that should point you towards the landowners.

MistyZ

Martinez83 wrote: »

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?

The PPC know who the Registered Keeper is so even if you draft the email / letter to restaurant, it should be from the RK of the car that got the invoice.

I know the phrasing can be tricky. How about 'I often visit the restaurant with family and friends' if that is the case. Then having stated that just continue with 'we' as in 'we visited the restaurant on x day'.

To be honest even if the pronouns end up sounding a bit peculiar it doesn't matter much. What you want is to emphasise repeat custom, enjoyment and appreciation of the restaurant, indignation about receiving a PCN and then to firmly but politely insist that they cancel it.

Communication to MP should also be from RK.

May also be worth asking neighbouring businesses who landowner is, assuming the car park 'serves' them as well.

Martinez83

A quick question - what happens with PCN if the driver is from outside the country?

Umkomaas

Martinez83 wrote: »

A quick question - what happens with PCN if the driver is from outside the country?

When the registered keeper receives the NtK, they can transfer liability to the actual driver whose address is xxx xxx Timbuktu.

The driver also writes to the PPC to confirm they were driving and invite them to serve any further documents on them in Timbuktu. Send some kind of proof (like a utility bill to confirm their address) Thereafter, he/she ignores anything they might be daft enough to send.

But you only do this if the driver is genuinely living abroad long term.

Fiona Onasanya

Martinez83

Quick update - formal complaint to restaurant done - outcome - appeal from them failed.

We will be now escalating it to their HQ and see if they can help - if the result is the same, we will be properly appealing to ECP.

Quick question - how much can MP help here? Or is it just to simply draw their attention to the problem?

Coupon-mad

Some MPs will write to the parking firm and object.

Even if they won't, at least it sows that seed in their mind that private parking charges are a scam, and they might then be more interested in the nitty gritty of the Parking (CoP) Act as the new CoP is ironed out with consultation.

Martinez83

Another update - complaint to restaurant and MP issued today - let’s see what either of them brings!

Umkomaas

Quick update - formal complaint to restaurant done - outcome - appeal from them failed.

Why not offer some reciprocation via their TripAdvisor page, with a tasty review to warn other potential customers of the likely lack of any support from a company, more than happy to take their money, but leave them high and dry if they're slammed by a parking charge while eating at their restaurant.

Martinez83

Hi All, another quick update:

- recieve from restaurant chain HQ was unhelpful - essentially they offered us small voucher for inconvenience on which we have politely said “thanks, but no thanks” - that’s not good enough. Haven’t heard from them since then (last week).

- Automated message from MP - it may take up to 6 weeks for them to get back to us so not having much hope here

With that in mind we will be formally appealing to ECP soon. I will use the template as it is but would it be worth adding that we have notified MP about their malicious approach or that our family solicitor said they have no proper grounds to threaten us? Also - would it be worth to point them to new bill or support we get from this forum so they would know that they may be wasting their time? Or would it actually put the target on us?

Thanks

Umkomaas

There is no showstopper in your appeal arsenal, just use the basic initial appeal, get your POPLA code, then go from there with more detail.

Nothing you can say at this stage will draw out a cancellation from ECP.