Nobody pays a penny to ECP, and certainly not the "mugs discount" price!
If you want to fight this, then follow the advice. Have you tried Plan A? Ask the pub management to get ECP to cancel this outrageous invoice for £100 for simply being a patron of their establishment?
If Plan A does not work, point out the error of their ways on social media and review sites. I'll bet you're not the only one to have become a victim of this predatory behaviour by ECP and their pub contractors.
Plan B is an appeal. Not much chance of them accepting it but you get a POPLA code with the rejection. Only appeal as the Keeper. They have no idea who the driver is and there is no legal obligation for the Keeper to identify the driver and you must decline to do so. There is a technical flaw in the Notice to Keeper (NtK) that means that they have not fully complied with all the requirements of PoFA 9(2)9(e)(i) and so only the driver can be liable.
Here is a suggested Plan B appeal to the operator:
I am the keeper of the vehicle and 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. ECP have no hope at POPLA once I evidence to them, the failure to fully comply with ALL the requirements of PoFA. So you are urged to save us both a complete waste of time and cancel the PCN.
Don't try and alter the text. It puts them on notice that they are not dealing with low-hanging fruit on the gullible tree that is going to capitulate.
If that is rejected (most likely), you will be given a POPLA code for your Plan C appeal. We will cross that bridge when we come to it.
If we end up at Plan D, a court claim, you have a greater than 99.9% chance that it will be discontinued.
