Good evening,

I've received a letter today from ANPR Ltd in respect of an outstanding parking notice.

The alleged offence was on Wharfeside Way, Manchester on 26/12/2014 and

the letter is dated 23/02/2015.

They are requesting £100 for immediate payment however I am obviously contesting this.

I did receive the fine on my vehicle

however thought it wasn't genuine as the form was that simple a child could have designed it

and I did not believe that the land is private property.

As per the images i've attached I was parked off road facing outwards where you can see the cone lying on its side.

This image is a bit old and now there are signs up along the fence by ANPR ltd

but I could not see the sign from where I was parked

as there were other vehicles parked alongside mine.

As you can see from the images the land where I have parked is the old tramways.

The business i've parked outside is Scania.

Surely if they owned the land then they would have fenced the area off as being their land?

The parking notice states that the area is known to them as 9 Wharfedale Way, Trafford Park, Manchester

however this is incorrect it is clearly John Gilbert Way.

Any advice in respect of how I can contest this would be gratefully appreciated

Thanks for reading

Firstly it's not a fine, it's a speculative invoice.

There are no signs for the parking company in your photos,

have they provided you with photographic evidence of your ' offence ', showing your vehicle actually parked ?.

It would help if you could post up a redacted copy of their letter so we would know exactly what they are accusing you of.

I don't think you'll have a problem with this one,

but you will have to go through the motions and play the game.

More experienced advice will be along shortly.

Firstly it's not a fine' date=' it's a speculative invoice. There are no signs for the parking company in your photos, have they provided you with photographic evidence of your ' offence ', showing your vehicle actually parked ?. It would help if you could post up a redacted copy of their letter so we would know exactly what they are accusing you of. I don't think you'll have a problem with this one, but you will have to go through the motions and play the game. More experienced advice will be along shortly.[/quote']

 

Thanks for replying so quick. The photos i've attached are from Google street view and are a bit old.

 

 

I have recently checked and there are signs up on the fence however depending on where you are parked its not possible to see them.

I haven't requested photographic evidence yet.

 

They are accusing me of "parking in direct contravention to this company's wishes, therefore we have issued a parking charge notice on 26/12/2014

in an area known to us as 9 WHARFSIDE WAY, TRAFFORD PARK, MANCHESTER,

for damages incurred whilst the driver trespassed on land under out control".

Are they claiming keeper liability under the POFA 2012?

After issuing a NTD, they have to wait 28 days for the driver to respond.

After 28 days, they have a further 28 days to issue a NTK that must be received by the RK within that time frame, to conform to the POFA 2012 for keeper liability.

Your NTK is dated outside the timeframe... so no keeper liability.

Are they claiming keeper liability under the POFA 2012?

 

After issuing a NTD, they have to wait 28 days for the driver to respond.

After 28 days, they have a further 28 days to issue a NTK that must be received by the RK within that time frame, to conform to the POFA 2012 for keeper liability.

 

Your NTK is dated outside the timeframe... so no keeper liability.

The notice actually isn't in my name, it's in the registered keepers name. Waiting to get a letter sent off with my details saying that i was the driver at the time of the offence.

The notice actually isn't in my name, it's in the registered keepers name. Waiting to get a letter sent off with my details saying that i was the driver at the time of the offence.

Do not name the driver.

The RK only has to respond stating that the NTK does not conform to schedule 4 of the POFA 2012.

Therefore there is no keeper liability.

The RK can state they were not the driver.

The RK has no obligation to name the driver of the vehicle at the time of the event.

They can then take it no further...

Do not name the driver.

 

The RK only has to respond stating that the NTK does not conform to schedule 4 of the POFA 2012.

Therefore there is no keeper liability.

The RK can state they were not the driver.

The RK has no obligation to name the driver of the vehicle at the time of the event.

 

They can then take it no further...

Brilliant thanks very much. I'll get that sorted today then

Always get free proof of postage from the post office with any letter sent to a PPC...

Yep, too late for them to claim from keeper.

Tell them in no uncertain terms that their demand is not compliant with the PoFA and that they should desist from any further contact or risk action being taken for harassment and making fraudulent demands.

*** UPDATE ***

The keeper of the vehicle as above received a FINAL DEMAND dated 16/03/2015 wanting payment of £140 and failed to respond to the letter that was sent to them. As advised a letter was sent to ANPR Ltd stating:

"The above Parking Charge Notice does not conform to Schedule 4 of the Protection of Freedoms Act 2012 and therefore there is no keeper liability.

I was not in control of the vehicle at the time of when the Parking Charge Notice was issued."

Having the keeper receiving the final demand I rung ANPR Ltd and asked them why they had not responded to the letter to which they replied that they did on 02/03/2015. However surprise surprise it was not received!

They have now resent the letter which I have attached. Can someone please advise me as to what I need to do next?

I'm amazed at the lack of professionalism of the person who wrote the letter. It doesn't even say who actually wrote it

[ATTACH=CONFIG]56742[/ATTACH]

Stop ringing them, start ignoring them. They know very well what they can and cant do.

Problem is I would however its not me that is getting the letters/demands. Thats whats hard about it

If it helps the relevant service periods are stated at s.8 (5) in the link below

If the notice was served at 26/12/14 the NTK should have been served by 20/02/15...... it's notice is 3 days out of time, you'd think it would know!

http://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted

*** UPDATE ***

 

The keeper of the vehicle as above received a FINAL DEMAND dated 16/03/2015 wanting payment of £140 and failed to respond to the letter that was sent to them. As advised a letter was sent to ANPR Ltd stating:

 

"The above Parking Charge Notice does not conform to Schedule 4 of the Protection of Freedoms Act 2012 and therefore there is no keeper liability.

I was not in control of the vehicle at the time of when the Parking Charge Notice was issued."

 

Having the keeper receiving the final demand I rung ANPR Ltd and asked them why they had not responded to the letter to which they replied that they did on 02/03/2015. However surprise surprise it was not received!

 

They have now resent the letter which I have attached. Can someone please advise me as to what I need to do next?

I'm amazed at the lack of professionalism of the person who wrote the letter. It doesn't even say who actually wrote it

[ATTACH=CONFIG]56742[/ATTACH]

It will be clever Trevor or, er... N.Martin wot wrote it.

You need to PDF the image so we can read it. But from what I can make out it is the usual lies about personally knowing the site rubbish.

ANPR never sent you the rejection letter with the POPLA code, but tell you they did.

Out of interest check the code that they have given here;

http://www.parkingcowboys.co.uk/popla-code-checker/

The RK is not liable for the charge as ANPR have not followed the POFA 2012 schedule 4.

ANPR cannot do anything but send letters to the RK.

As an aside, ANPR ltd seem to have removed all BPA logos on their new website.... Just saying.

More and more PPC's seem to be leaving the BPA as they think the other group offers them an easier way to get people to pay. Its as if they dont realise that they could take the alleged drivers to court, but a very simple defence would guarantee that the PPC loses every time, and if you get a decent judge, you get your costs.

Do you think this letter will suffice???

Dear Sir or Madam:

Many thanks for your letter dated 2nd March 2015, which was actually not received till 23rd March 2015.

As previously stated in my letter dated 26th February 2015 the above Parking Charge Notice does not conform to Schedule 4 of the Protection of Freedoms Act 2012 and therefore there is no keeper liability.

The above notice is alleged to have been served on 26th December 2014. Your Notice to Keeper was dated 23rd February 2015 and not received till 26th February 2015. The Notice to keeper is therefore 3 days out of the timescale as what should be adhered to according to Section 8 (5) in Schedule 4 of the Protection of Freedoms Act 2012.

If your company continues to persist contacting me with regards to this non-compliant notice I will seek action for harassment.

Regards,

Also do I need to log an appeal with Popla.org.uk as tomorrow would be the last day to do so??? Many thanks in advance

anybody?

Always appeal with popla. If they persist on chasing you even though they know they havent follow the rules, popla will shut them down fast.

Also do I need to log an appeal with Popla.org.uk as tomorrow would be the last day to do so??? Many thanks in advance

The POPLA code is in time? Then yes you use it.

Upload your appeal from post #16 to POPLA on their website before it runs out. Obviously amend it as you are appealing to a third party now. It is the RK writing it denying liability because schedule 4 of the POFA 2012 has not been followed.

Add that you want a breakdown of the genuine pre estimate of loss that the charge must represent, and proof by site of contract that ANPR have the right to issue and pursue parking charge notices on the relevant land. And that you believe the charge to be punitive.

You can always add to your POPLA appeal.

You may as well send post #16 to ANPR too as this tells them to stop harassing you...

brilliant! thanks for your help

an error on their part, the POPLA codes are normally out of date as they dont want you to go there.

Just received documentation from POPLA informing me that ANPR Ltd have cancelled the parking charge notice which is brilliant news!!

Many thanks to all that helped on this case

Oh good, they have also now been kicked out of the BPA...

Kicked out or left for the other association?