ECP ignored defense, now debt letters, POPLA ?

bs1998

Hi all, so there were 3 attempts to pay a parking charge in a car park by ECP, the payments did not go through so left and parked elsewhere.

I have proof of the 3 attempts, and the successful payment to park elsewhere.

Two letters to ECP, no response to either, both email and letter with proof of postage.

Now the first debt collector letter.

I plan to appeal to POPLA, I don't see a form letter that covers this situation, if there is one can you point me there please?

Gr1pr

There are no popla templates on here, just popla advice in the newbies sticky thread in announcements near the top of the forum, 3rd post

Popla codes last 33 days, if you have a code from ECP. ?

If you have debt collectors letters, its too late to appeal, in which case read post 4 in the newbies sticky thread in announcements, ignore any debt collectors letters from debt recovery companies

Car1980

Email again (which email did you use?)

Postal letters are routinely ignored.

Any Popla appeal would simply be no contract formed. To form a contract there must be an offer, consideration and acceptance. They did not accept your offer of payment and no consideration was exchanged (ie. something of value) - this being payment in exchange for use of the parking space - because you immediately left. As no contract was formed it follows there can be no breach.

And you have evidence to submit.

bs1998

Thank you both, there was no grace period noted on the signage, so there was no way to know that that had been exceeded either. I think he was there about 20 minutes all told.

So no use gong to POPLA, now is it just wait for the court hearing, as I assume they will ignore any other letter?

With the online, I took a screenshot of it with the 'appeal received' acknowledgement.

yarpsnehpets

ECP NtK's are never PoFA compliant.

This means that the keeper can never be held liable as long as the drivers identity is never revealed.

Gr1pr

The Consideration period is in the Joint Code of Practice on the BPA website ( typically 5 to 10 minutes. )

The Keeper cannot appeal to POPLA without a popla code from ECP ( in any rejection letter )

Personally, I would complain about the lack of a reply to ECP by using the ECP complaint link listed on the BPA AOS members list , adding copies of the appeal etc

A court hearing is extremely unlikely, but a future Money Claim is possible

Do not send letters

bs1998

The problem with a complaint to ECP is that they do not seem to have a complaint link on the BPA website, and they do not have one on their own website either.

They seem to know the way around being able to lodge a complaint with the BPA, as first I would need to lodge a complaint AND get a response from ECP.

Or am I not looking in the right place?

yarpsnehpets

You may also consider a complaint to the CMA.

Euro Car Parks are already under sanction from the CMA for bad customer service along the lines of your complaint.

CMA fines Euro Car Parks £473k for failure to comply with legal information notice - GOV.UK

Le_Kirk

Try this for ECP (Euro Car Parks): -

https://www.eurocarparks.com/complaints-policy/

Umkomaas

https://forums.moneysavingexpert.com/discussion/comment/82036847#Comment_82036847

https://www.britishparking.co.uk/BPA-Approved-Operators

https://www.eurocarparks.com/complaints-policy/

bs1998

https://forums.moneysavingexpert.com/discussion/comment/82036863#Comment_82036863

Yes, but when you look at all that, all you end up with is a link to a 'general enquiry', there is no way to lodge a compaint. And I would think they would continue to ignore a 'general enquiry' complaint. The ones listed as'appeal' do not give a way to complain.