Excess Charge Notice (ECN)

Umkomaas

1505grandad wrote: »

https://www.oxfordmail.co.uk/news/17962169.cherwell-district-council-reiterates-parking-ticket-policy-following-ombudsman-report/

Labour Councillor, Sean Woodcock, also agrees that the change is necessary.

He said: “I believe that it is right for the Council, not a subcontractor, to decide if it wishes to take anyone to court for car parking infringements. So we are happy with the changes but disappointed that they came about as a result of rather serious failings by an outsourced service provider.”

Basically, the 'outsourced service provider' (APCOA) have no idea what they're doing. They basically offer a one-size-fits-all enforcement policy, regardless of the law, about which they appear totally clueless.

And these are supposedly the 'experts' in parking management.

KeithP

JSTR5 wrote: »

Hi, thanks for finding that article, really useful. The ECN does mention the £1000 charge and I mean defence not claim. I feel the driver should appeal within in 14 days as she couldn’t afford the £80, heart broken enough at £40, explain what happened and have it referred to the council or should I send the letter at 26 days. Sorry to keep asking questions. I just don’t want this to escalate.

Two things here...

1) It is the keeper that should be fighting this, not the driver.

2) If this is being fought, and there is a good case if it's council land, then what is the relevance of £40 versus £80? You'll be paying nothing. Don't be panicked into doing something hasty because of their bribe.

JSTR5

Thank you for the advice, really appreciate everyone’s time.

JSTR5

Hi, can I just confirm that this is the right letter but changing PCN to ECN? This is the first contact to contest the charge.
Thanks

Dear Sir,

Parking Charge Ref. [xxxxxxxxxxxxx]: Vehicle Registration [AA11AAA - Formal Dispute

I refer to the above Parking Charge Notice (“PCN”) issued by Euro Car Parks Ltd (“ECP”) as a Notice to Keeper in respect of an alleged contravention of the terms and conditions of parking at [Name of Country Park] by the driver of the above-detailed vehicle on [Date of Incident].

I confirm that I am the keeper of this vehicle for the purpose of the corresponding definition under Schedule 4 of the Protection of Freedoms Act 2012 (“POFA”) and I write to formally dispute the validity of this PCN.

As ECP already knows, the car park at [Name of Country Park] is owned and provided by Kent County Council, a "traffic authority" as defined under Paragraph 3 of Schedule 4 of POFA; this car park is therefore not "relevant land" under POFA. I am very concerned that ECP is claiming that it has the right under POFA to claim unpaid parking charges from the vehicle’s keeper, even though it should have been obvious to ECP that no such right exists.

Please provide within the timescales specified under the British Parking Association Ltd Code of Practice, written confirmation of ECP’s cancellation of this charge. Alternatively, should you still believe that ECP has a valid claim, please provide me with details of the Independent Appeals Service (POPLA) and a unique POPLA appeal reference so that I may escalate my dispute to POPLA.

I shall continue to reserve all rights including the right to complain to the British Parking Association Ltd in respect of ECP’s breaches of its Code of Practice and also to the DVLA in respect of ECP’s misuse of my personal data.

Thank you for your cooperation and I look forward to receiving ECP’s notification that this charge has been cancelled.

Yours faithfully etc.”

Umkomaas

Hi, can I just confirm that this is the right letter but changing PCN to ECN? This is the first contact to contest the charge.

More importantly I'd be getting the name of the parking company correct before sending that off.

JSTR5

Hi, this is just a copy of one I found not the edited version. I was just checking this is the right letter.

Umkomaas

As long as the driver isn't identified you'll be fine to go with that. Hopefully APCOA will cancel, but they might push you further to POPLA where you can get this killed off. Often PPCs don't even bother to read initial appeals, they simply reject them. Don't be surprised if this occurs.

Go with the initial appeal (note that they have 35 days to respond) and let us know the outcome.

JSTR5

Thank you!
As it’s an excess charge, I saw this and was just reading that a ECN is different and to use this template?. This does mention if the ticket was issued by the council, the ticket was issued by Apoca on behalf of the council. I have been back to look at the signs in the car park and it does not mention any where that Apoca are acting on behalf of the council but it is council owned land. Also, that sign states “you may be fined”.
Sorry to keep asking so many questions ��


ACTION POINTS

[BLUE BRACKETS]: Put your specific info here, then delete the instructions (and change the text colour)

 [RED BRACKETS]: Just for info, after you’ve read delete


[insert your name
and address]

[insert date]
[insert name and address
of parking ticket issuer]

Dear Sir or Madam,

Parking ticket number: [insert ticket reference number]
Vehicle registration number: [insert vehicle registration number]

[Include this section if you received a ticket on your car or delete]
I received a parking ticket on [insert date] but I believe [select from the ticket was wrongly issued / there are mitigating circumstances to explain why I had parked where I did] and I would like to submit an appeal for the following reasons:

[Include this section if you car was clamped or towed or delete]
My vehicle was [select from clamped / towed away] on [insert date] but I believe it was wrong to [select from clamp / tow away] my vehicle meaning the fine of [insert cost] I have already paid should be refunded in full. I would like to submit an appeal for the following reasons:

[Important: fill in the sections below and delete any bullets that don’t apply]

I was not driving the car
I was not driving the vehicle at the time and am therefore not liable for any costs.

My car had been stolen
I was not driving my vehicle at the time of the alleged contravention because my vehicle had been stolen. Please see the enclosed correspondence from the police as evidence.

The alleged contravention did not occur
Quite simply, the parking attendant got it wrong and I was not parked inappropriately at the time the ticket was issued. This is due to the fact [insert reason here]. Please see attached evidence, [explain your evidence here & include and refer to documentary evidence if you have any], as proof of my appeal.

There was insufficient signage
I was unable to determine what the relevant parking restrictions were because there was no clear signage to explain what they were. Please see attached evidence, [explain your evidence here & include and refer to documentary evidence if you have any], as proof of my appeal.

Mitigating circumstances
There are mitigating circumstances to explain why I parked where I did so I am requesting that the fine be waived for this reason. Please see attached evidence, [explain your evidence here & include and refer to documentary evidence if you have any], as proof of my appeal.

I cannot afford to pay the fine
I am a law abiding citizen and I made an honest mistake but I cannot afford the fine. Please see attached proof of my financial position as evidence.

[Enter any further reasons of your own to support your appeal and include as much detail as you can].

Yours faithfully,

[insert your signature]

[insert your name (printed)]

[Enclose ALL relevant evidence for your claim]

twhitehousescat

as this land is clearly counsil owned and refers to a FINE , POPLA cannot adjudicate

1505grandad

As above - as per BPA :-

"Excess Charge Notices (ECN)

You should follow the process as outlined on the ticket received and decide whether to accept the charge or appeal. A discount may apply if you pay or appeal the ECN within a certain number of days.

If you decide to appeal, contact the local authority or organisation that issued the ECN. There is no defined procedure, it is at the organisations discretion as to within how many days you should appeal.

To satisfy audit requirements, and to ensure that these are considered consistently, all appeals must be made in writing. Details of whether the appeal can be submitted by post, email or online, should be on the ECN.

Upon receipt of your appeal the organisation will review the circumstances of your challenge against the evidence provided and that obtained when the ECN was issued. The organisation will then decide whether to approve your appeal and will let you know the outcome in writing (by letter or email).

If the organisation rejects your appeal and you would still like to dispute the ECN, the local authority can pursue you for payment through the relevant local courts, such as a Magistrates’ or Sheriffs’ Court where you can further dispute the ECN. The court appearance is for the registered keeper of the vehicle unless they provide evidence of transfer of liability to another party (for example the driver)."