ECP DCB Legal court claim

KeithP

Stonker said:

ATA?         

Read the fifth post on the NEWBIES thread for your answer.

Fruitcake

Stonker said:

ATA?         

You started this thread in November of last year. Surely you have had time to read the NEWBIES by now.

Umkomaas

Stonker said:

ATA?         

As ever ..... NEWBIES FAQ sticky ..... 5th post. All relevant acronyms listed therein. 

D_P_Dance

You really must read the newbies, alkl these basic questions are answered therein.

Stonker

I received the below email yesterday:
I assume that I should reply again reminding them that they are denying my right to 12 months ADR and that their response letter was never received.

Thanks again for your help

A Parking Charge Notice xxxxxxx has been issued for the vehicle registration mark xxxxxxx on 02/11/2020

 

A Notice to keeper has been sent to the registered keeper’s address on 09/11/2020

 

An appeal was logged on 11/11/2020

 

Please see below proof that the appeal response letter has been sent via email on 26/11/2020.

 

Then a Final Notification Letter has been sent on 20/01/2021

 

If you do not accept the reasons for rejection you have been provided with the option to appeal to the independent appeals service (POPLA). An appeal to POPLA should have been made within 28 days from your appeal response, as you have not made an appeal to POPLA within this time frame you are no longer eligible.

 

Please contact Debt Recovery directly with regards to payment on 0208 234 6775.

 

All/any communication must now be with Debt Recovery Plus.

 

Please note that no further correspondence will be accepted in relation to this parking charge notice.

 

Regards

Customer Services

Umkomaas

I assume that I should reply again reminding them that they are denying my right to 12 months ADR and that their response letter was never received.

You can do, but what are you going to do if they refuse, or more likely ignore your reply?  Others have huffed and puffed on this, we've never seen a PPC acquiesce, nor, more importantly, have we seen anyone progress the matter further. 

Up to you. 

Stonker

I guess the alternative is to just ignore it.  I just feel that at least I have replied many times that they have denied me my legal right and that I won't be contacting their DCA.

Le_Kirk

Reply along the lines that you have stated and, whilst you won't get a response, keep all the evidence that you "tried to narrow the issues" before it came to court and you can use that in your witness statement if/when it comes to a court claim.

Fruitcake

The new Government CoP draft proposal included a 12 month period to make a second stage appeal to bring it in line with the ADR Act 2015. I would make the complaint about being denied your rights in case it gets to court. You can then show the scammer's disregard for your rights under he said Act, and that the UK Government believes it should be adhered to, and intend to change it once the CoP becomes mandatory.

Stonker

Fruitcake, when you say 'make the complaint' do you mean just in a reply or should I specifically make it clear that this is a complaint I am making rather than just responding?