POPLA Appeal ECP No Pay 'n' Display

Sliffer122

I recieved a PCN from ECP through an ANPR operated car park. They claim my vehicle was parked there for 24minutes and no valid Pay and Display ticket was purchased.

Upon receiving the NTK (No windscreen PCN) I looked for the Pay and Display ticket but could not find it, however I regularly park in the car park and always pay, often by card not cash. I found an online banking transaction to ECP so I know I did purchase a ticket as I always do when parking there and it's the only place local to me that I pay to park.

I appealed to ECP as the Registered Keeper using the template in the Newbues forum and it was subsequently rejected and I have been given a POPLA code.

I am looking for some useful POPLA appeal points related to my case, from reading I know the signage is a good appeal point and they have sent me an image of their signs. However, it seems confusing appealing as if I didnt know I was supposed to Pay when I was well aware and infact did pay, eventhough they are claiming I didnt.

Any help would be appreciated.
Thanks

Le_Kirk

Go to the NEWBIE sticky and read post # 3, it is all about POPLA.

Sliffer122

I have read the POPLA section of the Newbies guide and searched the forums for related cases. However, I always come across cases that have either overstayed or not been aware of entering a private car park.

I was well aware the car park requires you to pay as I have parked there many times before and always paid. I have proof of payment online but no physical ticket evidence. Is this something I should even bother with to POPLA or just use appeal points everyone else uses like I was unaware of the Terms and Conditions?

The_Deep

I found an online banking transaction to ECP so I know I did purchase a ticket

Why did they reject your appeal, if you paid you paid. If PoPla do not allow your appeal let the scammer take you to court where, I predict, they would crash and burn. IMO you would then be in with a chance of getting "unreasonable behaviour" costs under CPR27.14 (2)(g).

[FONT=Times New Roman, serif][FONT=Times New Roman, serif]Nine times out of ten these tickets are scams, so consider complaining to your MP, it can cause the scammer extra costs and work, and has been known to get the charge cancelled.

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, 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.

[/FONT][FONT=Times New Roman, serif]http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted[/FONT][FONT=Times New Roman, serif]

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

Sliffer122

They rejected my appeal because the car park is ANPR operated and apparently there is no VRM that matches my vehicles inputted around that time. I have checked the list theh sent me and none appear to be similar so I dont know if it just didnt register my VRM input.

The_Deep

ANPR is a long way from being 100% accurate. Read this

http://www.parking-prankster.com/anpr-technology.html

1505grandad

If there is more than one machine perhaps they neglected to send all the lists.

Coupon-mad

Or they altered it, or mocked up a list from another car park/another day.

Sliffer122

Coupon-mad said:

Or they altered it, or mocked up a list from another car park/another day.

Is there anyway I can prove this? When I appeal to POPLA should I appeal saying I did pay and send the bank transfer as proof or not? I did that with ECP and they still rejected it.

D_P_Dance

Be prepared to lose your popla appeal, they lean heavily towards the scammers, their paymasters.

However, expect a Judge to to make a fair decision, they deal with these scammers on a daily basis.

Sliffer122

If I lost the POPLA appeal, are ECP still considered safe to ignore? Do they pursue to court?