ECP DCB Legal court claim

Stonker

nosferatu1001 said:

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. 

I wrote to them saying this

nosferatu1001

"Them" being the PPC? Dont ever say "them" without sdaying something specific. Be specific.
I presume you didnt just copy and paste that?
Insist on it
State the law requires them to offer suitable ADR for one year; by definition POPLA is suitable ADR. 
What else have you done?

Stonker

No I didn't, I made the points though.  I have now received confirmation from The Council that it is owned by ECP.  I have now received a letter from the debt collection company.

Has anybody ever reported these PPCs to Trading Standards or complained about harassment?

nosferatu1001

And you followed up, and insisted, quoting the ADR act?
Yes, have a search of the forum

Umkomaas

Has anybody ever reported these PPCs to Trading Standards or complained about harassment? 

I'm afraid what you're enduring is no different to anyone else going through this rubbish. If you have any evidence of out-of-the-ordinary harassment, that might be a different proposition, but a snowstorm of PPC letters and debt beggar threats won't fly. 

How exactly were you hoping Trading Standards might help?

Can you tell us the name and address of the car park as there's a possibility that we've dealt with it previously which might throw out some ideas for you/us?

Stonker

No, I will do that now.  Do you mean to ECP?  The DCA haven't given an email address but there is an online 'contact us form.  Should I make the same point there?

Stonker

It's Wish St, Rye.  I was only curious what Trading Standards had done in previous cases.  I couldn't buy a ticket as the machine was being attended to.  I waited in the car for 10 minutes then gave up and left.  I never actually parked.

It sounds as though giving it to a DCA without ADR might be something Trading Standards may deal with.

nosferatu1001

The DCA gets completely ignored, as the newbies thread tells you
To the PPC. Insist on ADR and ask why theyre ignoring your legal right to accessa ADR for a year. 

Fruitcake

Yer Tiz. The relevant part is Sch3, para 13, sub para (e)

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

SCHEDULE 3           Regulation 9(4)
Requirements that a competent authority must be satisfied that the body meets 

Grounds to refuse to deal with a dispute
13. The body may only refuse to deal with a domestic dispute or a cross-border dispute which it is competent to deal with on one of the following grounds—
(a) prior to submitting the complaint to the body, the consumer has not attempted to contact the trader concerned in order to discuss the consumer’s complaint and sought, as a first step, to resolve the matter directly with the trader;
(b) the dispute is frivolous or vexatious;
(c) the dispute is being, or has been previously, considered by another ADR entity or by a court;
(d) the value of the claim falls below or above the monetary thresholds set by the body;
(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; (f) dealing with such a type of dispute would seriously impair the effective operation of the 

Stonker

OK, done that.
Their autoresponse does say:
'If you have received a letter from a debt collection agency or a law firm please contact them directly, Euro Car Parks are not able to assist. The relevant firm will have all communication and correspondence on file with the relevant details, their contact details will be on the communication received'
I always smile though when companies say 'not able' when they mean 'not willing'