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ECP DCB Legal LOC returned. Original Notices misplaced.

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Parking  event  20/06/2023 at  car park managed by ECP  (APNR controlled}.    Breach of Terms and Conditions "Vehicle parked without a valid Pay by Phone Transition"

As I had no phone with me, my daughter attempted to pay.  First 2 hours free then following hour over was a £1 charge.  I knew I was over their 2 hr free  period  (Time recorded in cark park from entering to leaving was 2 hr 25 mins)  She tried for several minutes and automated message response of "no charge was payable" .  I believe she took a photo of response.

When I received NTK she said she would send an appeal along with photo.  She completed appeal by an ECP online form and I understand attached the photo evidence.  This was done in my name via her email address within requested time limited.  The appeal was rejected - Reason "Vehicle parked without a valid Pay by Phone Transition"

I then made the decision to ignore all further communications in the belief their response was totally unjust (I'd been successful in this policy on 3 previous occasions).  No appeal was made to POPLA

A " Final Notification Letter" dated 27/09/2023 was received from ECP.  From then onwards I  ignored several communications from Debt Recovery Plus, ZZPS, GCTT, Dcbl - all ignored but kept on file.  Finally DCB Legal - "Letter of Claim"  dated  24 April 2025 to which (following your Newbies thread) I  have replied with your generic template and emailed direct to Sarah E, Head of "Bulk Litigation"  submitted on 22nd May and automated response to acknowledge receipt on same date

Now to be in readiness should it go further.  I need to collect evidence.  My question at the moment is:
When I asked my daughter if she had a copy of the appeal she sent.  She replied no - it was an online form and she cannot the photo of automated response either.   Would I be able to request copies of original notice from ECP and the appeal response.

In the meantime I will endeavour to locate the actual land owner - the land provides parking for several local business and retail outlets on a nearby local high street.  I will also visit and take photos of signage but my understanding is, that the car park may now be under a different management company.

Apologies for the long post but having looked through loads of threads, it seemed that the most relevant info that may be needed, should be enclosed.

Many thanks for any advise.

Comments

  • Car1980
    Car1980 Posts: 1,421 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    edited 27 May at 6:20PM
    As I had no phone with me, my daughter attempted to pay.  First 2 hours free then following hour over was a £1 charge.  I knew I was over their 2 hr free  period  (Time recorded in cark park from entering to leaving was 2 hr 25 mins)  She tried for several minutes and automated message response of "no charge was payable" .  I believe she took a photo of response.
    We've seen this before. Possibly a mismatch with ANPR and app timings.

    Your evidence sounds fine and you don't need anything else. Your daughter's witness statement will supersede the appeal (if it even gets that far). Euro will discontinue at the eleventh hour anyway.

    Use the template defence when your claim form arrives and for paragraph 3 you only need to say something brief like

    "The defendant's relative extended the time to park via the XYZ app. It responded with a message stating "no charge is payable." A valid pay by phone session must have therefore been in place. A witness statement will be provided by both the defendant (keeper) and the relative."



  • m0mm4_n4nn4
    m0mm4_n4nn4 Posts: 5 Forumite
    First Anniversary Name Dropper First Post
    Thanks @Car1980 recieved  email from DCB Legal this morning confirming receipt of LOC. Standard template letter with hold of 30 days.  Will start read newbies threads and collect what necessary evidence I can to be in readiness for next stage.  Rather be prepared than leave to last minue panic as am an oldie who "phaffs about" and not the brightest when comes to technology
  • m0mm4_n4nn4
    m0mm4_n4nn4 Posts: 5 Forumite
    First Anniversary Name Dropper First Post
    Searching for land owner and ECP documents

    Q1
    I have finally found, or think I have, land owners of said car park. 
    Leighton Avenue, Maghull L31 0DQ  At time of alleged incident June 2023 car park managed by ECP until approx Dec 2023 when Park Maven took over the parking management (now named M Central Square)
    Same land owners/asset managers LCP (M'Core)  The area covered by them ( according to local planning applications) is known as Central Square Maghull)
    Am i still within a time limit to make a request to LCP to cancel the original?  I have returned LoC and response returned (27 May) to me with requested 30 day hold to enable me to collect evidence. My calculations that will be 26 June.

    Q2
    Am i within my rights to request original paper work from ECP including notice and  original appeal to them, or,  do I await their evidence, should this goes further?

    Old time worrier biting at the bit to hit the rogues.  Many thanks for any advice.


  • Gr1pr
    Gr1pr Posts: 8,236 Forumite
    1,000 Posts First Anniversary Photogenic Name Dropper
    1) plan A is always worth a punt

    2) Yes you are, but you should actually wait until way after any court claim before issuing a SAR to the DPO at ECP,  to obtain those documents,  better to let things lie for now, curiosity killed the cat,  let them make any mistakes 

    ECP would only copy in your own data, including the NTK PCN letter etc, but you don't have the right to see their evidence until close to any future hearing date 

    Hit the rogues at the correct time,  which isnt before a court claim   ( apart from plan A )
  • m0mm4_n4nn4
    m0mm4_n4nn4 Posts: 5 Forumite
    First Anniversary Name Dropper First Post
     30 day extension which was granted in response to LOC ended 28th June.  No further response.  Have enrolled on MCOL just incase I had missed any correspondence.  Nothing there.
    Can you confirm that the next communication should come by snail mail and that is when I respond via MCOL.  I will shortly be going abroad for 4 weeks.  I undestand that due to overload at MCOL this could take time to be procced, if a claim is made against me.  I assume I just sit tight, and go and enjoy my trip and hope it doesn't drop on my doormat the day after I have gone away!!
    Many thanks
  • Car1980
    Car1980 Posts: 1,421 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    edited 21 July at 11:34PM
    I would email DCB Legal and ask them if they have made a court claim and tell them you are going away from xyz date and will not have access to mail until abc date, otherwise you will have to apply to set aside any default judgment and obviously ask for costs.

    Then you're covered.


  • Coupon-mad
    Coupon-mad Posts: 151,653 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 22 July at 2:05AM
    I really would not do that. Green light for them! They'll issue the claim.

    And if I were the OP, there is no way I would have asked for a 30 day hold, knowing that they had a month's holiday in August. Should have let the claim come in June. Asking for a 30 day hold in this case was a mistake. Too late to change that now.

    The OP needs a friend/relative to open their post every week at least, while they are away.

    And they should do the Public Consultation before leaving, because it is vital that the Government hear from beleaguered motorists threatened with court and CCJs:

    https://forums.moneysavingexpert.com/discussion/6617396/parking-code-of-practice-consultation-8-weeks-from-11th-july-2025/p1

    Please please respond to this Consultation!
    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
  • m0mm4_n4nn4
    m0mm4_n4nn4 Posts: 5 Forumite
    First Anniversary Name Dropper First Post
    @Coupon-mad When LOC was responded to in May, requesting an extension I was totally unaware to the fact that I would be abroad, dealing with unplanned  childcare - not my idea of a planned holiday!
    Thank you for your resonse and I will endeavour to read and respond to the consultation papers.

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