Free Traffic Legal Advice

Hi,

I really appreciate any help.

I received a parking notice in September, which I tried to appeal.

As expected, I received a generic response from ECP, that my appeal was rejected.

I am not the registered keeper, I am just the driver of this vehicle.
 
Apparently, I was not parked in a Marked bay, however as you can see, my back tyres are literally on/within the marked bay.

I therefore believe that this parking fine, is really harsh.

I am therefore enquiring as to whether, you believe that this decision could be overturned by the POPLA

If yes, can you pretty please assist me with how you would write the POPLA.

As I am not sure what to include, thank you for your assistance.

Please follow links to my evidence -

https://i.postimg.cc/jS1PhJv6/10281111-ARH-MB-V001-3-(2)-(1).png

https://i.postimg.cc/g0SzhvDd/Untitled-document-(2).png

Dear JFollows,

Thanks for your quick response.

Sorry about that mistake, this was their response to my appeal - https://i.postimg.cc/jS1PhJv6/10281111_ARH_MB_V001_3_(2)_(1).png

Please also find the parking charge notice, that I received initially- https://i.postimg.cc/brKrpgKP/IMG-4607.jpg

This might not be helpful, and I've been searching all night for it, however I cannot seem to find my initial appeal to ECP.

However, my appeal had something along the lines of the vehicle being broken down, so it was not able to move, and that is why it may have been slightly on the line. I tried to explain to them, that as soon as the vehicle was able to be moved, it was moved. My mistake, I believe I did admit to being the driver.

Thank you,

Pity you did not come here first before doing anything. As this was a windscreen Notice to Driver (NtD), you have done all the dirty work for ECP and given them what they could never have achieved, on a silver plate with cherries on top!

Their NtD is not PoFA compliant which means that they could never transfer liability to the Keeper if the driver is not identified. They had absolutely no idea who the driver was until you blabbed it to them.

All you had to do is respond to the NtD on day 27 after the event with an appeal by the Keeper stating that as the Keeper, they cannot hold them liable as their NtD did not comply with PoFA 7(2)(a). They would have either responded and rejected that appeal without ever issuing a Notice to Keeper (NtK), another requirement under PoFA 8(4) to be able to hold the Keeper liable if the driver is not identified.

Either way, the Keeper could have appeal to POPLA and it would have been cancelled. However, that was not done and now the driver is identified so the wining PoFA argument is flushed down the toilet.

Any POPLA appeal now is futile. However, all is not lost. As this is an ECP PCN, it will escalate all the way to a county court claim issued by their preferred bulk litigator, DCB Legal. I can assure you with greater then 99.9% certainty that any claim issued by DCB Legal, as long as it is defended with out template defence, will eventually either be struck out or discontinued.

Just do a search of the forum for any other ECP PCN, to see the process. Unfortunately for you, what would have been a simple 5-8 week process ending with a cancellation will now be a 9-12+ month process, albeit still ending without you paying penny to ECP.

I don't advise wasting you time with a futile POPLA appeal. You can safely ignore all the useless debt recovery letters that will come your way. Debt collectors are powerless to do anything except to try and intimidate the low-hanging fruit on the gullible tree into paying out of ignorance and fear.

Come back when you receive a Letter of Claim (LoC) from DCB Legal and we will take it from there.