thanks scho good luck with your appeal mate

Reasons for the Assessor’s Determination

On 31 August 2013, a parking charge notice was applied to a vehicle with

registration mark xxxxxxx for leaving site without entering the premises.

The Operator’s case is that the terms and conditions for parking in the car

park are clearly displayed on signage throughout the site. The signage says:

“Free parking Whilst In Premises.” The Operator has produced photographic

evidence which show that the Appellant’s vehicle was left unattended at the

site and the driver was not in the premises. They have also supplied a copy of

the terms and conditions and photographs of signage location.

The Appellant has made a number of submissions, however, I will only

elaborate on the one submission that I am allowing this appeal on, namely

that the parking charge amount is not a genuine pre-estimate of loss.

The Operator rejected the Appellant’s representations, as set out in the

correspondence they sent because they state that a breach of the car park

conditions had occurred by leaving site without entering the premises. They

say that the parking charge is issued for damages incurred whilst the driver

trespassed on land under their control.

In this present case, the Operator has not sought to justify the amount of

parking charge representing the loss suffered by the landowner. I have

carefully considered the Operator’s submissions and considering everything

before me, I do not find that the parking charge represents a genuine

pre-estimate of loss suffered.

Accordingly, this appeal must be allowed.

Aurela Qerimi

Assessor

thanks to all you guys on here for the advice and the confidence to do it all, it was long and drawn out (5months) but worth it in the end

thanks ericsbrother, esmerobbo and bettyboo (who I hope isn't a guy) and anyone else who helped me

Yes of course. The more the merrier

The Operator issued parking charge notice number xxxxxx arising out

of the presence at Lodge Drive, Warrington, on 31 August 2013, of a

vehicle with registration mark xxxxxxxx

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.

it says

This debt is now being passed to H&S Litigation Services Ltd.

The appropriate agency will seek a court order instigating the recovery of debt.

Payment cannot be made to ANPR directly.

If however your payment is in the post notify us IMMEDIATELY to prevent further costs. If you are unsure you can visit anpr website

that's the whole letter so when I got it I phoned them up and they said they will send me details to appeal to popla

it also says Owing to ANPR Ltd £140.00

I tried uploading the letters I got but it wont let me if you have an email address ill send them to you.

I never appealed to anpr

Hi James, I've just received a letter from their 'Debt Collectors, H&S Litigation' even although my Popla appeal is still ongoing. I've advised Popla of this and reiterated my previous points. H&S even sent me a copy of the agreement between ANPR and the proprietor, which does not mention anything about a charge of £100 if they allow people to park on car park. I'm going to scan it tomorrow when I get to work and send on to POPLA. My partner has just shown me a site called Parking Prankster. Have a look at it with ref to ANPR, they have just lost a POPLA appeal. It's a very refreshing read and should put your mind at rest.

I got letter of intent today even though I haven't got the popla papers to appeal ( waiting for anrp to send them) trying to attach all letters ive had but not finding it easy lol

we were on a night out in culcheth and parked in a car park opposite the restaurant we were going in.

when we got back to the car there was a ticket on windscreen time of issue was about 2 mins after I parked there so it was obvious someone was in a car watching, it was a Saturday night at 19:46. apparently the car park is for the use of customers visiting shops across the road which were all closed at that time and not for the restaurant we were going in. there was no barrier and no charges displayed or anywhere to pay, there was ample spaces

oh and one other thing is the car is registered to my wife and it was sent to her, she was not driving at the time

it was just a yellow and black checked parking charge notice with car reg on, time and place where parked and date. I ignored it completely

got a letter today from ANRP saying I owe £100 if settled now then says £40 for debt recovery costs,£70 for preparing county court evidence setting out case and £135 for judgement enforcing officers fees PER HOUR !!

I also got a parking ticket last night at lodge drive culcheth and was wondering what the outcome was from your experience