Euro Car Park Dept Recovery letter. UPDATE. CHARGE CANCELLED BY ECP

bully74uk

Le_Kirk said:

Yes, you use the appeal as written by Edna Basher, which you will find in the NEWBIE sticky first post towards the end after the standard appeal written in blue text.

@Le_Kirk
Is this the template letter from Edna Basher that you refer to (replacing "Highview" with Euro Car Parks) ?

Dear Sir,

Parking Charge Notice [0123456789]: Vehicle Registration [AA11ABC]

I refer to the above-detailed Parking Charge Notice (“PCN”) issued to me by Highview Parking Ltd (“Highview”) as a Notice to Hirer. I confirm that as the hirer of this vehicle, I am its keeper for the purpose of the corresponding definition under Schedule 4 of the Protection of Freedoms Act 2012 (“POFA”) and I write to formally challenge the validity of this PCN.

You will no doubt be familiar with the strict requirements of Schedule 4 of POFA to be followed in order for a parking operator to be able to invoke keeper liability for a Parking Charge. There are a number of reasons why Highview’s Notice to Hirer did not comply with POFA; in order that you may understand why, I suggest that you carefully study the details of Paragraphs 13 and 14 of Schedule 4 in particular.

Given that Highview has forfeited its right to keeper liability, please confirm that you shall now cancel this charge. Alternatively, should you choose to reject my challenge, please provide me with details of the Independent Appeals Service (POPLA), their contact details and a unique POPLA appeal reference so that I may escalate the matter to POPLA.

Thank you for your cooperation and I look forward to receiving your response within the relevant timescales specified under the British Parking Association Ltd Code of Practice.


Yours faithfully,

[Insert squiggle as signature]

Le_Kirk

Yes, that looks familiar.  Don't forget to replace ALL instances of Highview with Euro Car Parks.

Fruitcake

I would also add a drop hands offer as a gesture of goodwill. They have spent time and money on this as have you, so suggest you both call it quits now as they know they will otherwise lose at PoPLA.

bully74uk

Le_Kirk said:

Yes, you use the appeal as written by Edna Basher, which you will find in the NEWBIE sticky first post towards the end after the standard appeal written in blue text.

@Le_Kirk @nosferatu1001 @Coupon-mad
I have just tried to appeal using Euro Car Parks appeal link on their website but it won't let me......
Back in November I sent an email (not via the appeal link) to Euro Car Parks explaining a few things inc (but not limited to):

• That I was the lessee of the vehicle.
• That my employer had provided writen confirmation that no NTK or PCN were received by them prior to receiving a letter from Debt Recovery Plus.
• Requesting that they send me a NTH and stop sending correspondence to my employer.

Nowhere in the letter did I appeal the PCN.   I received an email reply from them and an attached letter with the following information:

Dear Customer,

Please find attached two letters of correspondence sent to the registered keepers address as provided by the DVLA.

Signage is clear in its intent and it is private land. There is signage upon entry, exit and throughout the car park.

Law of contract applies (signage) and it is the drivers responsibility at all times to ensure that they adhere to the terms and conditions of the car park.

Please be advised that appeal was received on the (date removed)and made unsuccessful on the (date removed) (please see attached).

Please note an appeal should have been made within 28 days from the date of the Parking Charge Notice or Notice to Keeper/Owner. As no appeal was submitted within this time frame – we are unable to accept your correspondence as this parking charge notice has been passed to a debt recovery agency.

Euro Car Parks can no longer assist.

Please contact DRPL 0208 234 6775 with regards to payment.

Kind regards,

Customer services

Looking back at this now 2 things come to mind....

Firstly, Their letter states that an appeal was received on **** date, when I didn't actually appeal the PCN. I simply confirmed information that my employer had already provided to them.  Then further down in their reply they state that becuase an appeal wasn't made within 28 days (it states 21 on my NTH) they are unable to accept my correspondence. 

Secondly, when I sent the email, Debt Recovery Plus were still chasing my employer for the charge and therefore liability had clearly not been transfered to me (I had not received the NTH to my address in November) so any official 'appeal' would have needed to come through my employer as the registered keeper at the time wouldn't it ?

So, off the back of the email I sent back in Novemeber Euro Car Parks on line appeal system will not let me make an appeal despite it saying I can on the NTH !

Looking at the reply I received from them back in November it looks like they are contracticting themselves by treating the email as an appeal but then saying an appeal wasn't lodged within 28 days so they can't deal with it.

How do you think I should proceed ?

Should I email ECP with the appeal as I can't use the online appeal process ?

Should I now include the fact that im being refused the right to appeal now that I have received a NTH ?

Thank you for your support to date. 

nosferatu1001

GIven they only allow 28 days for appeals, why did you wait until feb to send it? 
If you have a NtH that is under 28 days, then tell us. 
If you have a NtH under 28 days old then complain to the BPA 

bully74uk

nosferatu1001 said:

GIven they only allow 28 days for appeals, why did you wait until feb to send it? 
If you have a NtH that is under 28 days, then tell us. 
If you have a NtH under 28 days old then complain to the BPA 

@nosferatu1001

No appeal was made previously because no NTK or PCN was ever received by my employer (registered keeper)

All the info is in the previous posts, but I appreciate it’s a lot to go through, so I’ll try and summarise:

§  October 19: My employer received a demand letter from DRP for a non-paid PCN from July 19 (issued by ECP)

§  My employer confirmed to me that they had not received ANY prior correspondence from DRP or ECP.

§  November 19: My employer sends DRP and ECP a letter and email confirming that I am the day to day keeper of the vehicle and that no prior PCN or NTK was received.

§  November 19: I also send ECP a letter explaining the same thing and requesting that they send me a NTH. This email did not appeal the charge.

§  November 19: ECP reply to my email with the info in my previous post.

§  November 19: I raise a complaint to the BPA.

§  February 20: I receive a final response from the BPA stating that as a ‘good will gesture’ ECP will revert the charge back to original and issue a NTH to myself at my home address.

§  February 20: NTH arrives and I request the support from the forum.

§  Today: I attempt to make an appeal now that I have a NTH in my name but ECP’s system won’t allow it because they have registered my email from November as an appeal even though it was outside of the 28 days (because my employer didn’t receive any NTK or PCN) and at that point they hadn’t even transferred liability to myself.

 So, it was impossible for me or my employer to make an appeal initially because the first letter my employer received was a demand from DRP which doesn’t include an option to appeal. And the first NTH received was the one issued to me (and dated) February 20.

bully74uk

Is anyone able to offer any guidence based on the information provided in my last 4 posts of this thread ?
I believe that because I have now received a NTH (in my name,to my address) that I should have the right to appeal (as it says on the NTH).
Euro Car Parks appeal system will not let me appeal as they have registered a previous letter i emailed to them as an appeal even though I was not liable at that point, I was not appealing the charge, and it was outside of the appeal period anyway because my employer (the registered keeper) had not received any NTK or PCN (the first letter they received was from Debt Recovery Plus).
As Im being witheld the opportunity to appeal as per the details on the NTH I have gone back to the British Parking Association to file another complaint.
Should I also be contacting ECP to make them aware of the fact they are refusing my right to appeal and ask them to cancel the charge before I take the matter further ?

nosferatu1001

Yes, of course you shoul dhave access to an appeal
Hence why I covered this eventuality and told you to complain to the BPA. 
how are you going to "take the matter further", when you cant do anything? You certainly cant sue them for anything yet....

bully74uk

nosferatu1001 said:

Yes, of course you shoul dhave access to an appeal
Hence why I covered this eventuality and told you to complain to the BPA. 
how are you going to "take the matter further", when you cant do anything? You certainly cant sue them for anything yet....

Take the matter further by going to POPLA  without a reference number off the back of the fact that ECP didn't give me the opportunity to appeal and obtain said POPLA reference ?

Your previous post was a little confusing but reading it again maybe it was a Typo ?
"If you have a NtH that is under 28 days, then tell us". - Id already posted that I'd now received a NTH in my name.
"If you have a NtH under 28 days old then complain to the BPA " - I've now submitted another complaint to the BPA.
Im assuming that the first quote should have read 'older'

As per my previous post, should I also send an email to ECP or leave it to the BPA to sort out ?
Thank you.

nosferatu1001

You cannot appeal to POPLA without a POPLA ref number. It is impossible to do so. 
It wasnt confusing - Id just gotten confused myself as to where we were in the process.
Email an appeal to ECP TELLING them that this is the first appeal.