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Anybloodyid

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About Anybloodyid

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  1. Thanks to all those who have contributed to this thread, it has been much appreciated by my Daughter who the ticket was issued to and myself who knew where to come for help and advice. I think the money we have saved means that a donation to CAG is forth coming. Once again Thanks to all.
  2. Hi Everybody, POPLA have now made their decision, below is the email that I received from them. Does this mean that it is now finished with? PARKING ON PRIVATE LAND APPEALS PO Box 70748 London EC1P 1SN 0845 207 7700 enquiries@popla.org.uk http://www.popla.org.uk Parking on Private Land Appeals is administered by the Transport and Environment Committee of London Councils Calls to Parking on Private Land Appeals may be recorded 29 November 2013 Reference ********** always quote in any communication with POPLA **** ***** ***** (Appellant) -v- ANPR Limited (Operator) The Operator issued parking charge notice number ******* arising out of the presence at Street, Town, on Date, of a vehicle with registration mark *******. The Appellant appealed against liability for the parking charge. The Assessor has considered the evidence of both parties and has determined that the appeal be allowed The Assessor’s reasons are as set out. The Operator should now cancel the parking charge notice forthwith. Reasons for the Assessor’s Determination It is the Operator’s case that a parking charge notice was correctly issued, given that the Appellant parked on site in a clear contravention of the terms and conditions for parking. It is the Appellant’s case that, amongst other things, the charge does not represent a genuine pre-estimate of loss. The parking charge appears to be a sum sought for liquidated damages, in other words, compensation agreed in advance. Accordingly, the charge must represent a genuine pre-estimate of the loss any breach may cause. The Appellant has requested that the Operator show a loss of income. The estimate must be based upon loss flowing from a breach of the parking terms. This might be, for example, loss of parking revenue or even loss of retail revenue at a shopping centre. The Operator submitted that the charge is a genuine pre-estimate of loss as their signs provide a 100% deterrent rate and failure to provide this deterrent amounts to a breach of contract between themselves and the landowner, enabling them to seek liquidated damages from the driver/keeper of the vehicle that caused the breach. Having studied the Operator’s submissions, I cannot, on what little information is provided, decide that they have shown that the charge does in fact represent a genuine pre-estimate of loss. I must allow the appeal on this ground. I need not decide on any other issues. Matthew Westaby Assessor
  3. Thank you Anubis for the input to this thread. Yes they really did write 'not responsible for the actions of 3rd party'
  4. This is interesting, received a Final demand this morning from ANPR. Should I just ignore it and wait for a reply to the appeal?
  5. Thank you all for the help and support that you have given to this thread. As soon as I hear anything I will add to the thread.
  6. Just wanted to post this for anybody else who may go through the same thing, it confirmation of appeal from POPLA. We have received your appeal. This will now be sent to ANPR Limited. The operator will send their evidence to us and to you before the scheduled date of hearing. Your appeal will be considered on or soon after 22 November 2013. You will be notified of the decision as soon as it is available, in the manner you selected.
  7. Thank you for the replies, I have now submitted the appeals form online. Just had confirmation email of online submission.
  8. Wow! I definitely would not have come up with that wording. Thank yo for your help.
  9. I've just noticed on the back of the PCN there are ten boxes, one of which should be ticked to let me know why I have received the PCN but the issuer of the ticket has not done this. Does it make the ticket invalid if it has not been filled in correctly?
  10. Hi I have been to the POPLA site and it has 4 check boxes two of which I think apply to me. I was not improperly parked. and The parking charge (ticket) exceeded the appropriate amount. Should I tick both of these or just the second one? It also ask my reason for appealing should I, at this stage, keep it concise as above i.e I wish to appeal the issue of this charge as the amount claimed is disproportionate to the alleged contravention. I do not believe the charge is a genuine estimate of any loss incurred. Sorry for all the questions but I don't want to slip up because I missed something.
  11. Hells Bells! you people sure are quick on this site. Thanks again.
  12. OK read the link and the POPLA date code is the same as the date on the letter, so at least they tally. Do I appeal online to POPLA now and ignore the bit about writing back to them? I think the answer is yes but not wanting to make a cock up of this I thought I'd check.
  13. Hi again, Well the letter from ANPR has arrived it's the standard reply as can be seen below. What is it I now need to do? Thanks [ATTACH=CONFIG]46935[/ATTACH]
  14. Thanks ALL for the enlightening and humorous replies I will send the letter off as soon as I shut down the comp.
  15. Thank you for your replys, Is this the kind of thing I should be sending? Dear ANPR, I wish to instigate the POPLA appeals process as I believe that the damages you claim are in excess of what is justified. As I need to write to you first before the appeal can proceed please accept this letter as my notice of intention to appeal. If yes then I will get the appeal letter sent off this afternoon and let you all know what happens from there.
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