ECP PCN Rental Car - paid by app - no receipt - appeal refused - Mayfair - Achilles Way

[Bilali8]

1 Date of the infringement 17/11/23

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 23/11/23
 

3 Date received 27/11/23
 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? Not sure
 

5 Is there any photographic evidence of the event? Yes
 

6 Have you appealed? [Y/N?] post up your appeal] Y
 

Have you had a response? [Y/N?] post it up Y
 

7 Who is the parking company? Euro car parks

 

8. Where exactly [carpark name and town] Mayfair - Achilles Way
 

For either option, does it say which appeals body they operate under.

BPA
 

There are two official bodies, the BPA and the IAS. If you are unsure,

please check HERE

 

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

A bit of a tricky one this.

I'm posting this on behalf of my father/brother.

Father was with a friend who had rented a car and father had paid for the parking.

You can see the call log and the payment taken from the statement attached.

Later the rental company sends my father's friend the ticket they received from ECP.

My brother who's a kid "appeals" it, obviously getting rejected.

Now they think my brother who doesn't even have a license was the driver and are bugging with letters.

I know the first rule is not to appeal but they didn't know and now I'm here seeking your help to clean up this mess.

Thanks

 

 

docs1.pdf

[Bilali8]

I checked with paybyphone but they didn't give me a receipt, they claimed they didn't have the record of it.

But the money was taken out, the call was made, and until now no money has been refunded

so safe to assume it's been paid for.

Safe to ignore then I'm guessing? 

the rental company forwarded it to the renter who then sent it to my father/brother.

My brother then appealed it because they had call logs/payment taken from bank account and now they think my brother was the driver.

The last letter was sent on 31/01/24 so safe to assume it wasn't paid. 

[Bilali8]

I don't think so, after my brother appealed they've been sending him letters instead. 

The only thing I can think of now is that perhaps because it was paid over the phone the registration was given incorrectly?

But what are the chances that location info and bank info is given perfectly but the registration isn't?

In the paragraph in bold on the letter dated 12/12/23 they said they require a VAT receipt and whatnot, how do we get that lol

[Bilali8]

Understood, with regards to my brother's appeal he did it via ECP website so he doesn't have a record of it. Ultimately he showed the call log and so on but there's no record of the original appeal form submitted via their website - thinking about it, quite sneaky isn't it?
 

22 minutes ago, Nicky Boy said:

Have ECP ever sent a revised PCN to the renter?

It should also include other documents provided by the rental company.

With regards to this, as far as I know only the original letter which I've shared. I will ask my dad to ask his friend for the full email as well and share once I receive it.
 

3 minutes ago, Nicky Boy said:

But, whatever you do don't let ECP know they've screwed up!

Not intending to contact them at all! But my lot are of the type that easily succumbs to fear of fake letters from lawyers and bailiff threats lol

@Bazooka Boo right? What's that all about. They really move like they are some mafia

[Bilali8]

He's 18, no license 

[Bilali8]

@dx100uk Nothing left on the windshield. Is there any point in responding to the rental company now that the letters are coming in my brother's name? 

Thanks for updating the title, I didn't want to make it too long winded

[Bilali8]

Yeah, I get that. I don't live in the UK anymore and trying to manage this for the family because you guys have helped me out in the past with similar issues. 

Father's friend is a bit of a high-profile person so I feel it'd be too much to ask him to do all of this. If it was me or my family directly... a different story entirely. 

I did, however, get confirmation from my father that the friend didn't pay the "admin" charge they asked him to pay or anything else and hasn't received any other correspondence from the rental company or ECP.

[Bilali8]

Thanks all for your responses. 

ECP didn't send the renter anything, confirmed. Also, the renter didn't pay the silly "admin" fee. 

My brother, however, who doesn't have a license (remember?) just got this in the mail, lol. 

 

2024-03-05 DR+ letter.pdf

[Bilali8]

Hey guys, another one in the mail. 

What do you guys advise? Thanks!

Debt collectors 2.1.pdf

[Bilali8]

Hey @lookinforinfo I'm not sure, I don't believe he told them he's the driver. He must have selected an option saying that he's appealing on behalf of the driver or something of the sort.

In more news, however, these wannabe thugs are back at it again. Honestly, what a joke.

In the letter they sent before this it said they had made "2 attempts" and in this letter they said "4 attempts", I wonder what happened to the "3rd attempt" lol. 

WhatsApp Image 2024-04-18 at 14.06.07_44abc9c8.pdf

[Bilali8]

I'm not sure what the "appeal" system asked but he said he definitely didn't indicate he was the driver so I'm just going to have to take his word for it.

Honestly, I don't think the hirer will contact them. I think my brother will tolerate it. I did have a similar experience with another company 6-7 years ago and sought advice on here then to which you guys told me to ignore, I got the exact same DRP letters and then a "Gladstones Solicitor" letter. 

After that nothing happened and it died away. Based on my experience with that I assumed the same would happen here but only asked to see if perhaps anything had changed since then. 
 

Hopefully it doesn't get to court but if it did, I feel like we have enough evidence to sway a judge who probably hates dealing with this type of nonsense anyway. Or maybe I'm too optimistic. 

[Bilali8]

Perfect, thanks Dave.
 

You're right, a whole dodo storm this has been. As sons of first-generation immigrant parents, whenever something like this happens the old man panics. There was a whole "appeal this now" because my dad paid for the parking as he was with the hirer at the time and he isn't as tech-savvy as my brother so he ended up doing what he did and because I don't live there anymore it came all the way down to this. 

But yes, we'll do this SAR and see what comes of it. 

Will keep posting here with the hopes that it may benefit someone in the future. 

Thanks again, everyone. 

[Bilali8]

On the recommendation of Dave, I took the SAR template from CAG and scanned it over and adjusted the information relevant to this matter and sent it to my brother to print, sign and send. 

He signed it with the same signature he has on his provisional licence and he scanned and printed a copy of his provisional licence to prove identity/address.

Sent that tracked and then they responded with the most generic letter I've seen.

Clearly, they've anticipated people might do this and came up with nonsense.

They want proof of ID when we already sent proof of ID. Surely they're digging themselves a ditch at this point? 

 

2024-04-24 ECP SAR reply.pdf

[Bilali8]

Although this situation is mildly disturbing like a fly trapped behind the curtain on a warm day, your creative responses are always a joy to read, Dave.

Cheers.

Will send across.