ECP ANPR PCN - Ravenside Chesterfield - now DRP Demand - Request Docs or Ignore?

[69Eyes]

Somebody moved house last year and forgot to update their V5.

 

They have just received a demand for payment from DRP / ECP, who traced them to their new address. 

 

The parking charge date was 12 Jan 2019.  The date of the demand was 11 April 2019.  No NTK was received.  BUT... this was likely sent to the old address, so there is no way of knowing whether this was delivered within the 14 day timeframe. (No windscreen ticket was issued).  

 

I've researched here on CAG,  also on MSE, and I'm wondering whether the best course of action  is to: 

 

1. Ignore it entirely

2. Request details of all mis-addressed correspondence from ECP, and attempt an appeal

3. Something else?

 

Also if this person took option 1, could it affect their credit rating (presuming it doesn't get taken to court)?

 

 

Edited April 22, 2019 by 69Eyes
Clearer title (I think...)

[brassnecked]

The last thing you want is a default CCJ and they are sneaky enough to get one by sending all paperwork to your the  address, you could inform them of the Keepers new address, but do not admit to being the driver,  could you post up the demand as a pdf please.  |'m sure the crew will be along soon with better advice.

[dx100uk]

yep

simply send ECP a letter informing them of the current registered keepers address

[69Eyes]

Just something simple like this? 

 

Dear ECP, 

 

With reference to charge number: xxx xxx,  I would like to update you with the address of the registered keeper of the following vehicle: 

 

Reg: xxx xxx

Address: xxx xxx

 

Yours sincerely, 

 

NameOfRegisteredKeeper

[brassnecked]

That should do it, no mention of driver so should be OK, but just wait for DX and ericsbrother to check it.

 

These days you can get a decent pic with a smartphone and convert to pdf if no scanner available, there are also scanning apps available and online pdf converters.

Edited April 22, 2019 by brassnecked

[dx100uk]

should be ok.

 

dx

 

[69Eyes]

Thanks both for your advice, will follow. 

[69Eyes]

OK, here it is. 

 

DemandForPayment_Redacted.compressed.pdf

[ericsbrother]

standard drivel from a cmpany thta has nothing to do with anything.

 

As you have moved house you will need to engage with ECP ( not these muppets) and as for a copy of all of the data they hold on you as a SAR and point out that they may be processing incorrect or out of date data so they should ensure that whne they have sent everything you will inform the of any corrections that are needed.

 

You can then see what they have supposedly sent to you at any address and whilst you are waiting for this write to the DVLA and ask them who has accessed your personal data and when and for what purpose. The DVLA will probably send you a stock reply about reasonable belief rather than saying who and when so if they do you write again  and demand the same info but also head the letter COMPLAINT and send a copy to whoever deals with complaints ( google them) so it is recored that you arent going to be mugged off.

 

Once you ahve the DVLA access dats you will know whether ECP were likely to be in tiem with their KADOE requesta dn thus whether they should have accessed it at all and what address they were given for you.

 

 

The SAR will give them notice that you arnt at the other address and any attempt to correspond with you there will get them into trouble shoudl you so desire it

[brassnecked]

Doing as ericsbrother suggests makes their obtaining a default CCJ by sending Claimform to the old address not possible, if they did, a Set Aside would be easy, and they would get a tolchocking from the court as they had correct address all along.

[69Eyes]

Ta for the pointers and for explaining. I will put those into action, see what comes back, and take it from there.  Really appreciate it. 

[69Eyes]

Dang.

 

The SAR is ready to post. However the RK of the vehicle has since managed to obtain the earlier documentation from the new tenants at their old address. 

 

The original NTK document was sent approximately a week after the alleged overstay (which was approx an hour, so beyond any grace period). Also, the driver has revisited the car park in which the alleged overstay occurred, and currently the signage seems pretty clear.  She has no evidence to suggest it was otherwise on the event date.

 

 

Do you think there is any point in proceeding with the SAR, or trying to appeal?

[dx100uk]

who says the ntk is compliant

who says the signs are compliant

who says the cameras and the signs have planning permission needed?

 

scan up the ntk both sides to one multipage pdf only please

read upload

 

and when you get 5mins

please complete this:

 

 

[69Eyes]

Ok will do.   1 question - I've avoided mentioning amounts / dates / location to avoid identification by the PCC.   Wise or dumb?

[dx100uk]

DUMB

makes no odds

read upload

tells you what to leave out.

 

dx

 

[69Eyes]

 1 Date of the infringement 12 Jan 2019

 

2 Date on the NTK 20 Jan 2019

 

3 Date received Not sure - sent to wrong address (RK's fault, not updated V5)

 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? Y

 

5 Is there any photographic evidence of the event?ANPR only on NTK

 

6 Have you appealed? N

 

7 Who is the parking company? ECP

 

8. Where exactly [carpark name and town] Ravenside Chesterfield

 

For either option, does it say which appeals body they operate under. BPA logos all over the shop 

 

 

If you have received any other correspondence, please mention it here

NTK not received as posted to incorrect address.  (£85, or £50 if paid within 14 days)  - sent 20 Jan 2019

DRP demand for payment then sent to incorrect address.  Amount risen to £145! - sent 24 March 2019

DRP "we've traced you" sent to CORRECT address. Amount still £145. - sent 11 April 2019

 

Here's the NTK

ECP_NTK.pdf

[dx100uk]

please leave in all times and dates.

these are important.

 

[ericsbrother]

when you went back to the site did you not think to take some photographs of the entrance to the land from the public highway, the signage visible at the entrance and any other signage that is within the land covered by the unilateral contract?

This info is needed in every case and  we make it clear that we need it so you had better to start reading a lot more threads and other background information such as reading the POFA to see if their NTK is compliant to create a keeper liability.

now if you are not personally involved in this fight then please say what is your interest as playing chinese whispers slows things down enormously and means things get lost in translation so it is better thet the person who will be dealing with this is clued up on everything

[69Eyes]

Yes, the person I am helping is unable to use a computer... so no, not ideal, but it is what it is.  The trip back to the park was impromptu and time constrained. 

 

For a number of reasons I'm bowing out now.  I know your time / expertise is a scarce resource and I'm sorry if you feel like I've wasted it.  It's been very helpful to me regardless, so thank you. 

[brassnecked]

You have not wasted any time but ytou can come back for further advice if you need it Photos of signage is key to unpicking their case.

[ericsbrother]

understnad this, we like beating private parking co's because the majority of the cases we see here they have no right to demand a penny and they deserve a good thrahing.

the big thing is we arent the ones who have to stand up in court and even if you end up with that task it will be only as an advisor to the person who got the demand so if they arent clued up on what is what it doesnt matter how brilliant we or you are they still have to perform.

Not all cases where the pwerson refuses to play their game go to court but the parking co's kniow that 85% of any claims they issue will get paid so their lack of success with the other 15% is small beer financially and they would rather lie and bully the others into paying and risk a few losses than to admit they dont actually have a claim against anyone to begin with.

Stick with it if the person you are helping wants to continue, if they dont then there is nothing anyone can do to force them.

We dont feel like we have had our time wasted, on the contrary it is your time that has been wasted if you decide to give up and the person you are helping still wants to continueand that is why I say read more so you dotn have to keep going back to places to get more information. it may never be needed but better to have it and not need it than need it but not have it.