ECP DCB Legal court claim

Stonker

OK so do I reply?

nosferatu1001

Well what else would you do? 
At the very least it establishews
- you never received their rejection they allegedly sent
- its not your fault if their emails are so shoddy standard spam filters throw them to junk mail, if they contend that is what MIGHT have happened
- that an expired code means they have accrued zero costs; a code only costs them when it is used. 
- that you have a lkegal right to access ADR for up to 1 year, and 28 days is not one year. 

D_P_Dance

Tell them to send the  letter again as it was not received, copy to The BPA,  Be assertive  

Stonker

OK thanks.  they have sent a copy of the letter but of course it is no good now.
What is ADR?  Dispute resolution?

Stonker

OK found it Alternative dispute resolution for consumers - GOV.UK (www.gov.uk)
Where is the 1 year documented?

Fruitcake

It says somewhere in the Act itself that it should be made available for not less than twelve months.

Found it. It's actually negative in that dispute resolution can only refused if the complainant hasn't requested ADR within twelve months.

The Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015 (legislation.gov.uk)

Schedule 3 para 13

Grounds to refuse to deal with a dispute 

... 

(e) the consumer has not submitted the complaint to the body within the time period specified by the body, provided that such time period is not less than 12 months from the date upon which the trader has given notice to the consumer that the trader is unable to resolve the complaint with the consumer; 

So, the trade body says ADR (a second stage appeal) can be refused after 28 days, but the act of parliament, the law, says it must not be less than twelve moths.

Coupon-mad

Honestly, you are chasing down rabbit holes now.  Stop looking for a new step except for landowner cancellation which is never too late.

Just ignore ECP and complain to the landowner to get it cancelled, to avoid the worry of a future court claim (still rare from ECP and perfectly defendable as PPC claims almost always are).

Stonker

ECP are the landowner as far as I can tell.

Coupon-mad

Absolutely never.

D_P_Dance

Land owners are big fish, PPCs are minnows.