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Messages - goldstoneseagull

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The ECP appeal form does have sections to identify that you are either the registered keeper, the driver or neither. I wrote the appeal on behalf of a family member.
And what did you put?

If you selected 'neither' and put your contact details rather than those of the registered keeper, there's a fair chance that Euro Car Parks will simply ignore the appeal - they are obliged to respond to appeals from either the keeper or the driver, but unless you attached a Letter of Authority signed by the keeper authorising you to appeal on their behalf, they have no obligation to respond to an appeal from a third party who is (legally speaking) unconnected to the matter.

We need to clarify this before we can offer much advice.

Understood - that's helpful. I put neither. Would you suggest I email an LOA to them? I logged into the appeal area and it says "The Parking Charge Notice has an appeal already in progress. You will be advised in due course of the outcome of your appeal via email."

I submitted the appeal per the contents of my first post.


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The ECP appeal form does have sections to identify that you are either the registered keeper, the driver or neither. I wrote the appeal on behalf of a family member.
And what did you put?

If you selected 'neither' and put your contact details rather than those of the registered keeper, there's a fair chance that Euro Car Parks will simply ignore the appeal - they are obliged to respond to appeals from either the keeper or the driver, but unless you attached a Letter of Authority signed by the keeper authorising you to appeal on their behalf, they have no obligation to respond to an appeal from a third party who is (legally speaking) unconnected to the matter.

We need to clarify this before we can offer much advice.

Understood - that's helpful. I put neither. Would you suggest I email an LOA to them? I logged into the appeal area and it says "The Parking Charge Notice has an appeal already in progress. You will be advised in due course of the outcome of your appeal via email."

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Only the original Notice to Keeper (NtK) is relevant. You have shown us a final reminder which is useless for us to check on PoFA conformity.

What exactly do you mean by "I write this notice on behalf of the registered keeper"?

Only the Keeper can respond to the NtK. You cannot respond "on behalf of" anyone. You can pretend you are the Keeper and do it all in the Keepers name but unless you have a Letter of Authority (LoA) from the Keeper, you can't do anything "on behalf of" anyone.

If you've edited or altered the advised appeal, then you are on your own. What you've shown is not what we advise. It is extremely rare that an ECP PCN is not issued in time for it to be compliant with PoFA 9(5).

The ECP appeal form does have sections to identify that you are either the registered keeper, the driver or neither. I wrote the appeal on behalf of a family member.

I attached the final reminder letter as I was told by them that the registered keeper did not receive notice within 14 days (and that they did not receive the original NtK) hence the reference to POFA 9(5). I will ask whether they have any other correspondence and post it on here and/or post again once the appeal comes back. I would be grateful for your help.

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Hi, I have used the template wording as part of my appeal and some further wording.

https://i.postimg.cc/FKTTRf34/Parking-redacted.png


I dispute your 'parking charge'. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.

As your Notice to Keeper (NtK) does not fully comply with ALL the requirements of PoFA 2012, you are unable to hold the keeper of the vehicle liable for the charge. Partial or even substantial compliance is not sufficient. There will be no admission as to who was driving and no inference or assumptions can be drawn. ECP has relied on contract law allegations of breach against the driver only.

The registered keeper cannot be presumed or inferred to have been the driver, nor pursued under some twisted interpretation of the law of agency. Your NtK can only hold the driver liable.

Further information attached:

I write this notice on behalf of the registered keeper, this is the first notice that has been received and does not comply with PoFA Schedule 4, paragraph 9(5) which means any Ntk should have been delivered within 14 days.

ECP have provided no photos nor evidence of parking and therefore there is no case to answer.

The car park referred to provides free parking for 3 hours, a charge of £100 for overstay as claimed by 20 minutes is wholly disproportionate.

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