It is interesting to note that in the final reminder, they state that they have the right to pursue the keeper under PoFA section 8. However, that section only applies to an NtK issued after a windscreen NtD has been issued.
The original NtK is issued under section 9. Whilst they claim to be able to transfer liability for the charge from the driver to the keeper, they have not complied with the strict requirements of PoFA to be able to do so.
Unfortunately, you have missed the opportunity to appeal to POPLA. Not that that is a big deal. It just means that you are now in the position of having to wait and see if/when ECP instruct their roboclaim solicitors to send you a Letter of Claim (LoC) followed by an actual claim.
In the meantime, you are going to have to weather a whole load of useless debt collector letters. You should completely ignore debt collector letters as they are powerless to do anything except to try and scare the low-hanging fruit on the gullible tree to pay the now inflated charge.
Until if/when you receive an LoC there is nothing much you can do. You should check your spam folder more often.
If you assumed that displaying a blue badge exempted you from paying for parking on private land, you were mistaken. However, the signs at ECP operated car parks are notoriously bad and breach their own ATAs Code of Practice.
Did the driver park in a disabled bay? If so, was the driver able to read the sign with the terms for parking without leaving the car? If the sign was readable without leaving the car (doubtful for an ECP sign), was the charge for breaching any of the terms adequately brought to the attention of the driver?
These are all important questions that can show whether ECP have fully complied with the requirements of their ATA CoP and whether they have fully complied with the strict requirements of PoFA.
One other point… have you tried Plan A? Have you tried to contact the landowner/agent tip-off the car park? If it is a retail park, there will be a managing agent for the landowner. Often, their details will be on the plinth that advertises all the stores/businesses located there. You should find out who that is and write (preferably by email) to them and ask them to get the PCN cancelled.
