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#Post#: 85875--------------------------------------------------
ECP - Walsall Waterfront Carpark - PCN
DIR By: jayudd
Date: August 15, 2025, 5:31 pm
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Dear All,
I hope you can help with the below.
The driver was visiting family in Walsall and had booked a room
for his daughters in the Premier Inn, that is located by the
Waterfront.
The driver was just dropping the daughters off and the length of
period of time was because another member of the family had the
room booked under their name so they had to be present in order
to let the daughters into the room. This is the cause of the
delay for nearly an hour.
As a result, the driver subsequently did not think they should
buy a ticket given the fact that they will not be staying at the
hotel.
I have attached a copy of the NtK received:
Page 1:
HTML https://i.imgur.com/FxtgrrO.jpeg
Page 2:
HTML https://i.imgur.com/Mc3AO3F.jpeg
What can be done here please?
I saw another post regarding a similar situation in Liverpool,
should I use the letter the OP sent in for their review?
Any help will be greatly appreciated.
Best wishes,
JayUdd
#Post#: 85899--------------------------------------------------
Re: ECP - Walsall Waterfront Carpark - PCN
DIR By: Dave65
Date: August 16, 2025, 5:10 am
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The first port of call is to contact the Premier Inn and speak
to the manager and ask them to cancel this PPN as a booking was
made.
Also, the PPN does not meet the criteria for the PoFA.
b789 usually says not to pay ECP.
#Post#: 85936--------------------------------------------------
Re: ECP - Walsall Waterfront Carpark - PCN
DIR By: b789
Date: August 16, 2025, 8:12 am
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If you follow the advice, you will not be paying a penny to ECP.
You can appeal to both the operator and POPLA once the initial
appeal is rejected but the most likely way this will pan out is
that a county court claim will eventually be issued and as long
as you defend it with the template defence we provide, you are
guaranteed with greater than 99% certainty that it will either
be struck out or discontinued before they are required to pay
the £27 trial fee.
As the Notice to Keeper (NtK) is not fully compliant with all
the requirements of POFA 2012, they cannot hold the Keeper
liable. As there is no legal obligation on the Keeper to
identify the driver to an unregulated private parking firm, they
would have no way of pursuing the Keeper.
The process is likely to drag on for many months. 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:
--- Quote ---
> Easy one to deal with… as long as the unknown drivers identity
is not revealed. 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:
>
> [quote]Subject: Appeal Against PCN – Keeper Liability Rejected
Due to PoFA Non-Compliance
>
> 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 Schedule 4 of the Protection of Freedoms Act
2012 (PoFA), 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.
>
> Specifically:
>
> [indent]• PoFA 9(2)(e)(i) requires that the NtK must invite
the keeper to pay the unpaid parking charges. Your notice fails
to do so. It merely refers to the driver’s liability and
requests the keeper to identify the driver, which is not
sufficient. Without a direct invitation to the keeper to pay,
the conditions for transferring liability are not met.
> • PoFA 9(2)(a) requires the NtK to identify the relevant land.
Walsall Waterfront is a non specific location and covers a large
area. This ambiguity fails the statutory requirement for clarity
and renders the notice invalid for the purpose of keeper
liability.[/indent]
>
> Given these clear statutory failures, you must cancel this
charge immediately. If you choose to reject this appeal, I will
escalate to POPLA and include these points, along with a
complaint to the DVLA regarding your misuse of keeper data
without lawful basis under PoFA.
--- End Quote ---
[/quote]
#Post#: 85945--------------------------------------------------
Re: ECP - Walsall Waterfront Carpark - PCN
DIR By: jayudd
Date: August 16, 2025, 9:37 am
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Thank you so much Dave and b789.
[member=26]b789[/member] - shall I put the appeal in now? or
wait?
Thanks
Jahad
#Post#: 85948--------------------------------------------------
Re: ECP - Walsall Waterfront Carpark - PCN
DIR By: b789
Date: August 16, 2025, 9:48 am
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No need to wait.
#Post#: 85956--------------------------------------------------
Re: ECP - Walsall Waterfront Carpark - PCN
DIR By: jayudd
Date: August 16, 2025, 2:56 pm
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Thank you b789.
I have sent the representation off via ECP website, and have
received an acknowledgement email for it.
Will keep you posted.
JayUdd
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