Unfair PCN from EuroCP ('Major Keying Error') - Messed up first part of the appeal

atroublestarter

My elderly mum parked at a ECP managed car park. Within the 14 days, she received a postal NTK for 'failing to purchase a valid ticket' - £100 reduced to £60 if paid quickly.

She did buy her ticket - 80pence and stayed for 20 minutes. So we thought this was a simple mistake on their part and (before finding this forum) sent a copy of her bank statement and thought it would go away.

Appeal was rejected and they claimed it was a 'major keying error' - claiming there were 2 digits missing. We can't prove otherwise; she didn't keep her ticket. We are aware of neighbours and other people via Facebook where this has happened to them, so we think it's a machine fault.

They sent my mum a £20 admin charge instead but was visiting me for Christmas in the USA, and by the time she got back, this expired (and we think her time frame to write to POPLA), and she received a charge for £100!

In the 1st appeal, I didn't specifically say she was driving but I did write some things that could let it be assumed that she was, similar to: "I paid to park there on that date" and asking how "I'd" been determined as a non-payer.

I've written to the Landowner, but it is a multi-national land/asset management company and I don't expect them to care much.

I will write a POPLA appeal, but just wondering if someone could help me salvage anything. ECP have said we're at the end of the internal appears procedure, but we haven't got their picture of the signage as I failed to ask for it.


Maybe worth noting:
(1) On the back of the original PCN, they say ANPRs are used to monitor car entry and exit times, but not specifically how it was determined that she didn't pay.

(2) In the 2nd letter, the date is illegible, a POPLA code was issued. The letter states that they use ANPRs and ECP employees (but not specifically which one(s) were used in this case).

(3) The 3rd letter with the £100 charge states it is a "Final Notification Letter" with payment expected within 28 days.


Thanks in advance

Coupon-mad

POPLA is too late if the code was sent in a letter dated over 33 days ago. 

I've written to the Landowner, but it is a multi-national land/asset management company and I don't expect them to care much.

We do. Retail parks cancel these all the time.

Why not make her address for service your address in the USA? That kills it.

atroublestarter

Thanks! Do you mean address for service of the PCN by letting them know I was the driver, or any following small claims action?

I'm guessing there's zero allowance for someone who is out of the country. They must ask for some sort of evidence, otherwise anyone could surely give a US address and kill the ticket?

Coupon-mad

No. Read what I said.  You were not the driver and I did not suggest that she lies.

atroublestarter

I'm asking what you meant by address for service - clearly, I read what you said, and Sorry, I didn't understand. She's registered as living at her own address, so if you mean only for a small claims service, I was under the impression they can just serve it at her registered address. Hence, my confusion.

Le_Kirk

She (you) sends a data rectification notice to the DPO of the parking company and tells them that the address for service is [your US address] and that they must ERASE all other address data and inform any and all of their agents and sub-contractors of same.

atroublestarter

Thanks very much for your help!

atroublestarter

Some great news, and I'm very surprised, the PCN was cancelled by the company that owns the building!

Wanted to post the update and also say thanks again.

Coupon-mad

atroublestarter said:

Some great news, and I'm very surprised, the PCN was cancelled by the company that owns the building!

Wanted to post the update and also say thanks again.

Great stuff!

PLAN A STRIKES AGAIN!