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ECP overstay parking charge

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  • Coupon-mad
    Coupon-mad Posts: 152,297 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    First appeal to ECP?

    Log in as if to pay and see if it says cancelled.

    If it's still showing "£100 due" then follow their complaints procedure and say you will report them to the BPA for not sending a reply to appeal.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • So I just checked the appeal page, and upon entering my details, it's brought up the same appeal page I did before. So I've done the same as I did before, and gotten the same message. Reply in 35 days blah blah. What's that all about? I definitely sent the original appeal about 2 months ago. I guess I'll record this along with dates for evidence
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    So I just checked the appeal page, and upon entering my details, it's brought up the same appeal page I did before. So I've done the same as I did before, and gotten the same message. Reply in 35 days blah blah. What's that all about? I definitely sent the original appeal about 2 months ago. I guess I'll record this along with dates for evidence
    Why not follow the guidance you were offered over two weeks ago - on 2nd July?

    Here it is again...
    If it's still showing "£100 due" then follow their complaints procedure and say you will report them to the BPA for not sending a reply to appeal.
  • This is the first time I've checked since my previous comment. I did the appeal again because part of me thought I may not have pressed send or something on the initial one, but upon seeing that 35 day screen I knew I definitely did. I am definitely up for going down the complaint route. Do they have a certain time that they must respond to my appeal by?
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 20 July 2023 at 5:57PM
    Do they have a certain time that they must respond to my appeal by?
    Yes they do - specified in the BPA's Code of Practice.
  • So I sent the complaint this morning, referencing letters received, appeals sent, time frames etc, and got this email reply:

    'Please note that the appeal response letter was sent on 24/05/2023 via email. Please find attached.

    As advised in our previous response 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.


    The parking charge notice is currently outstanding at £100.00. Prompt payment is advised.'

    I never received this email. I check my mail every day, junk and all. There is nothing attached to the email as they claim, and why would my number still work on their appeal page? Surely if I enter it on their page it should bring up my result? Does anyone have any advice on where to go from here? I don't have any POPLA number, and it's too late any way if what they claim is the case. 
  • Coupon-mad
    Coupon-mad Posts: 152,297 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    You do what I advised you to do - KeithP has just quoted it again.  
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Horus_lupercal
    Horus_lupercal Posts: 70 Forumite
    Third Anniversary 10 Posts Name Dropper
    edited 21 July 2023 at 3:46PM
    But that's what I've just done in the complaint. I quoted the relevant paragraphs from the BPA CoP.
    They're claiming they did send the reply.

    Edit; apologies, I missed the reporting to BPA itself. Ok.
  • Umkomaas
    Umkomaas Posts: 43,402 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Have you checked the current status of the charge?  Access the ECP website, go to their 'Pay My PCN' page (or whatever they call it), enter (usually) your PCN details and car VRM to log in and see what the status says. As advised by @Coupon-mad and @KeithP.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • B789
    B789 Posts: 3,441 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper Photogenic
    You SAR them right now and inform their DPO that a copy of the original email that you say was never received should be provided with all headers still intact, showing the date and precise time that it was sent. If they cannot provide that proof, then you will know that they are lying and more than likely trying to wriggle out of their requirement to pay for a POPLA code.

    You also inform them that this proof or lack of it will be used as evidence should they be so stupid as to try and make a claim and that perjury is a criminal offence.
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