ECP, NTK help needed Options

[Flopdc]

Hi and thank you for taking the time to read this request for help

An NTK has been received by post from Euro Car Parks.
The following information is included:
Under Para 9(2)(b) of Schedule 4 of the PoFA 2012.
It is advised that if after 29 days from the date given (presumed to be second working day after the Date Issued) etc etc…
This notice is issued under Para 9(2)(f) of schedule 4 of PoFA 2012 and is subject to compliance with applicable conditions under Schedule 4 of the Act.

· Date of Event: 20/08/2019
· Issue date: 02/09/2019
· Date: 02/09/2019
· The P&D/permit purchased did not cover the date and time of parking
· Two cropped images of the vehicle registration are shown for the date of event with entry times of 12:51:05 and exit time 14:14:02

Would it be correct therefore, that the NTK should with a commencement date of 21/08/2019 have been delivered by the relevant period to the registered keeper no later than 03/09/2019 (14 days as set out under Schedule 4 PoFA)?

The images of vehicle registration showing enter/exit times do not appear to have been digitally produced so this is not evidence of actual time parked which is different .

The keeper departed on holiday on 05/09/2019, the NTK had not been delivered by then the latter cannot be proven. On returning from holiday on 30/09/2019 when the NTK was found in the mail the following day it was already too late. The keeper would never have been in a position to challenge the invoice, pay the reduced invoice of £60, payable within the 14 days of the date issued, avoid the £100 or indeed appeal within the 28 day time limit. The envelope shows no evidence of when the NTK posted as there is no stamp/frank mark as it was sent via a UK Mail PO Box address, likely bulk mail. It is unclear what the “Date 02/09/2019” on NTK refers to and so can it be “presumed, unless to the contrary is proved, to have been delivered (and so “given” for the purposes of sub-paragraph 4) on the second working day after the day on which it is posted”?

The keeper, today established through land registry records the identity of the landowner to request their intervention to cancel this invoice due to mitigating circumstances however, could see no benefit given that the owners are in fact Euro Car Parks Management Ltd.

The keeper lives in another part of the country to the event car park location
and is unable to produce images of ECP’s signage, however some have been found if needed on the forum from the same event location.

Does the keeper have a case? Have ECP breached conditions imposed in Schedule 4 of PoFA, does the keeper still have grounds to challenge this invoice? If so, advice on best way forward along with any wording would be greatly appreciated.

Thank you.

This post has been edited by Flopdc: Sat, 5 Oct 2019 - 16:44

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[Flopdc]

SHOULD send. Not MUST. Theyre not ignoruing them - theyre just not required to actually do anything

Thanks nosferatu1001, there are so many holes in the CoP wording, a field day could be had ie motorist below!

Current status:

RK replied to ECP’s last comms reiterating that they had failed to deliver NtK on time & that same had been sent in writing to the appeals team. That was three weeks ago, (proof of postage held).

No acknowledgement and no response from either. Any thoughts on whether there’s any merit pointing this out to the BPA investigating officer, or wait until ECP have responded to them re the complaint, which should be soon?

22.1 Under the Code you must have procedures for dealing fairly, efficiently and promptly with any communication from the motorist. The procedures must give drivers and keepers the chance to appeal a Parking Charge Notice. If a motorist pays a Parking Charge Notice and then appeals, you do not have to consider the appeal unless you opt to do so.

This post has been edited by Flopdc: Fri, 1 Nov 2019 - 18:52

[nosferatu1001]

They;ll just say "oh we say elsewhere they have 35 days so thats "prompt" in our minds...

Yes, of course its full of holes
Its not there for your benefit, after all!

[Flopdc]

SUCCESS

Following BPA’s investigation into the complaint, this was their response:

Considering that the Parking Charge Notice was delivered one day after the relevant period, Euro Car Parks cancelled your Parking Charge Notice.[/b]

From the outset, it was obvious to me that it was game over for ECP. Playing the game was only ever going to be on my terms and I had no intentions of being sucked into their time consuming appeal or via POPLA. The legislation is clear and so are BPA’s CoP.

If this case fits your situation, my advice is to complain directly to BPA through the same channel, quoting the breach of legislation and rely on it. Perhaps then, BPA will look at how much it is costing them to deal with these unnecessary complaints and bring pressure to bear on their members.

The daily volume of postings on this forum, provides strong evidence that thousands more are still being duped through intimidation and are unwittingly filling the coffers of companies who are only too aware they are breaking the law. If the banks willy-nilly took £100 from our bank accounts, would we sit by and say nothing? Much more needs to be done and I fully intend informing MP’s of the circumstances on the day of the ‘event’ but despite their efforts to get these people to clean up their act, they continue their practice regardless. In this scenario, only a last minute change of plan on the day of the ‘event’ averted the use of another vehicle, that of a 94yr old relative who is the RK. I dread to imagine the damage that demand would have done dropping through their letter box!

I would like to thank all who helped me to keep focused, your valuable time, patience and advice is truly commendable.

Could I please ask a moderator to change the post header to include at the end the word SUCCESS. Thank you.

Flopdc

This post has been edited by Flopdc: Tue, 10 Dec 2019 - 02:42