You start with Plan A, which is get Sainsbury's to get it cancelled. Plan be is you appeal to ECP and when that is rejected, you do Plan C which is appeal to POPLA. ECP PCNs are unlikely to be won at POPLA so you move on to Plan C which is to ignore all the useless debt recovery letters. Debt collectors are powerless to do anything except to try and persuade the know-haning fruit on the gullible tree to pay up out of ignorance and fear.
Plan C with ECP is a 100% guaranteed win when they get DCB Legal to issue a claim against the Keeper. With the advice from here, any claim issued by DCB Legal for ECP will eventually be discontinued if not struck out first. It just takes many months to get there.
Here is the wording you use for your initial appeal, which is ONLY done as the Keeper. There is no legal obligation on the
known keeper (the recipient of the Notice to Keeper (NtK)) to reveal the identity of the
unknown driver and no inference or assumptions can be made.
The NtK is not compliant with all the requirements of PoFA which means that if the
unknown driver is not identified, they cannot transfer liability for the charge from the
unknown driver to the
known keeper.
Use the following as your appeal. No need to embellish or remove anything from it:
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, so you are urged to save us both a complete waste of time and cancel the PCN.
