OK. So the Keeper (your other half) received the debt collector letter because she was the Registered Keeper at the time of the alleged contravention. As the time to make any appeal is long gone, there is one other way to appeal. By submitting a formal complaint to ECP, they are bound to consider it as an appeal, irrespective of what they say on their website because the BPA/IPC Private Parking Single Code of Practice (PPSCoP) section 11.2 says they must.
The complaint should be that the Keeper never received the Notice to Keeper (NtK) due to a problem with the V5C at the time. This will hopefully get them to send you a copy of the original NtK and we can then check it for PoFA compliance. Invariably, there is usually at least one technical flaw with their PoFA compliance. I doubt they would accept any appeal but you have put them on notice and they are obliged to respond.
Even if they do give you a POPLA code, it doesn't matter whether that appeal is successful or not. Invariably, ECP will issue a claim in the county court through DCB Legal (not DCBL), their bulk litigator of choice. Any claim issued through DCB Legal, as long as it is defended, is eventually discontinued as long as you follow the advice we give here.
As for the debt collector letters, just ignore them. They are powerless to do anything and you must never, ever establish comms with a useless debt collector. They are not a party to the contract the driver allegedly breached. Use their letters as kindling. We don't need to know about them and you must ignore them.
I suggest the following to be sent as a formal complaint to ECP:
Euro Car Parks Ltd
Customer Services
30 Dorset Sq
London NW1 6QJ
By ECP Complaints Form: https://www.eurocarparks.com/enquiry/
Subject: Formal Complaint Regarding PCN [Insert PCN Number]
Dear Euro Car Parks Ltd,
I am the Keeper and I am writing to submit a formal complaint regarding the above Parking Charge Notice (PCN).
I did not receive a Notice to Keeper (NtK) or any subsequent reminder for this PCN, likely due to a historical issue with the address on the vehicle's V5C at the time. As a result, I have no idea what the alleged terms and conditions the driver is supposed to have breached.
Without receipt of the NtK, you have failed to comply with the Protection of Freedoms Act 2012 (PoFA), and the Keeper cannot be held liable for the alleged contravention. Only the driver could be liable and I am under no legal obligation to disclose the drivers identity to an unregulated private parking company.
Whatever the alleged contravention relates to, as this cannot be verified due to the lack of communication from you, I expect you to also treat this formal complaint as an appeal as required by section 11.2 of the BPA/IPC Private Parking Single Code of Practice (PPSCoP). Therefore, you are obligated to:
• Cancel the PCN;
• Reissue the NtK in compliance with PoFA and restart the process; or
• Reject the appeal element of this complaint and provide a POPLA code.
I understand your complaints portal advises contacting the debt collection agency for cases at this stage; however, I will not engage with the debt collector, as they are not a party to any contract allegedly breached and are powerless to act. I expect you to address this matter as per the PPSCoP.
Failure to respond to my complaint will result in escalation to the British Parking Association (BPA).
Yours faithfully,
[Your Partner’s Name]
[Address]
You can do all the work but it must be done in the name of the RK.
