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ANPR Again! **POPLA Appeal Upheld**

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Hi

Thanks for taking the time to read this thread.

My Daughter parked on land in Warrington, she paid £3.00 for two hours, She was 24 mins late getting back and there was a parking notice on her car. The person who filled in the notice did not put colour of vehicle in the space provided ( not sure if that's relevant or not).

Any way I told her to forget it as asking £50.00 for 24mins seemed a bit steep surely 24mins equates to 75p?

This morning another letter arrives, why they send them to my house I don't know as the Daughter no longer lives here.

Any way this one is an OUTSTANDING PARKING NOTICE

The paragraph reads.

A (Daughters car) with the license plate ?????? Which is registered/hired to you, was parked in direct contravention to this company's wishes, therefore we have attached a parking charge notice Ref Number ?????? for damages incurred whilst the driver trespassed on land under our control.The Notice was photographed attached to the windscreen and is now considered evidence and can be used in a court of law.

Then it goes on to tell me the cost has gone up and they have reasonable cause to seek details from DVLA, it's also incurred debt recovery costs. By the code of practice laid down by the BPA, this fee can only be charged after 42 days has lapsed from the date of issue but your opportunity to pay £100 is diminishing fast. Should you fail to act, we will hand this debt to a 3rd party.

ANPR Ltd, is NOT responsible for outside contractor,s actions.

 

Advice needed please.

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You should send a very basic appeal to ANPR (hello trevor?)

It really doesnt matter what you say, but in the appeal make sure you ask for a Popla code if they reject your appeal. Just keep it short, sweet and to the point

 

This means you can then appeal to Popla (independent appeals service) where with help of this forum will mean you will beat ANPR

 

Your appeal will get rejected by ANPR and you will most likely get a letter signed by a N Martin saying get back in touch with them , with a verification code. DO NOT reply back to ANPR.

 

Come back when you have your rejection letter and once your POPLA appeal is sorted then you can log it straight on their website. Apart from your first appeal letter to anpr dont contact them again

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Hi

Thanks for taking the time to read this thread.

My Daughter parked on land in Warrington, she paid £3.00 for two hours, She was 24 mins late getting back and there was a parking notice on her car. The person who filled in the notice did not put colour of vehicle in the space provided ( not sure if that's relevant or not).

Any way I told her to forget it as asking £50.00 for 24mins seemed a bit steep surely 24mins equates to 75p?

This morning another letter arrives, why they send them to my house I don't know as the Daughter no longer lives here.

Any way this one is an OUTSTANDING PARKING NOTICE

The paragraph reads.

A (Daughters car) with the license plate ?????? Which is registered/hired to you, was parked in direct contravention to this company's wishes, therefore we have attached a parking charge notice Ref Number ?????? for damages incurred whilst the driver trespassed on land under our control.The Notice was photographed attached to the windscreen and is now considered evidence and can be used in a court of law.

Then it goes on to tell me the cost has gone up and they have reasonable cause to seek details from DVLA, it's also incurred debt recovery costs. By the code of practice laid down by the BPA, this fee can only be charged after 42 days has lapsed from the date of issue but your opportunity to pay £100 is diminishing fast. Should you fail to act, we will hand this debt to a 3rd party.

ANPR Ltd, is NOT responsible for outside contractor,s actions.

 

Advice needed please.

 

Go to court and trounce them......ANPR Ltd have no legal right to bring or threaten anyone with proceedings....As for Trespass, how can you trespass in a car park the motorist is invited into and has paid £3 .....So you cannot be sued for damages.......The parking company have contributed to their own problems by not offering a pay on foot system IE pay on return and therefore the motorist is at a disadvantage...

 

The bit that applies to you is that Under English Contract Law, only the landowner can bring a claim for loss of revenue as a result of the breach......He can only claim a sum of money that would put him in the same position if the breach had not occurred. In your case about 53p

 

You have a number of options....Pay up and it goes away (Yeah right)

Go through Popla (Highly recommended)

Wait for the third party debt collector letters and go to court

 

I have to say, I do like a good 3rd party claim in a court of law.....Thats what the letter states that it is............Oh please let it be Roxburghe

 

:fencing::fencing::fencing:

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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.

Edited by Anybloodyid

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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.

 

No you need to appeal to them not just ask for a POPLA appeal.

 

Something like.

 

Dear ANPR

 

With reference to your parking charge notice No 123456 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.

 

Yours

 

Anybloodyid.

 

Keep it short and sweet however be carefully ANPR reply with a disguised code hoping you miss the POPLA cut off time, they call it a last chance offer. Look out for a ten digit number somewhere on the reply.

ANPR try to say that if anyone breaks the conditions of their sites they have to pay the landowner! Yah right OK.

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They have your address but hve not been to the DVLA. Or am I misreading your thread

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They have your address but hve not been to the DVLA. Or am I misreading your thread

 

Yes they have sent the ntk.

Op: read this and look at the bit from anpr, that's what to expect:

 

http://parking-prankster.blogspot.co.uk/2013/10/anpr-continue-to-send-confusing-appeal.html?m=1

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Is the car registered at your address? If yes, then that is why the begging letter has been sent there. If no, then they need reporting to the ICO for breach of the Data Protection Act.

Note that the letter says "in contravention of the company's WISHES". Well I wish for a new lawn mower so should I send out random requests to people who use my local supermarket?

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Thanks ALL for the enlightening and humorous replies I will send the letter off as soon as I shut down the comp.

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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]

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Now see I told you they would be sneaky, they have asked you to write to them using the verification code. That code is date generated and is live for 28 days. Should you write to them and they delay their response it would put you outside the 28 day window. You now need to appeal to POPLA!

 

Explanation of the code here!

 

http://parking-prankster.blogspot.co.uk/2013/07/what-does-my-popla-code-mean.html

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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.

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Just write to POPLA only

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Hells Bells! you people sure are quick on this site.

Thanks again.

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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.

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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?

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Expand on the genuine pre estimate of losses.

 

 

I do not believe that any damage, obstruction or material loss was incurred and that the charge levied is purely a fixed sum implemented by XXXXXXX as a revenue-raiser in advance. It does not represent a genuine pre-estimate of any loss flowing from the incident. XXXXXXX cannot argue that this charge is made up of tax-deductible business costs because these would exist even if no cars parked and no other charges were issued that day. It is also unreasonable and unfair; an unenforceable penalty dressed up as an imaginary loss, and as such, it breaches the Unfair Terms in Consumer Contracts Regulations 1999. If XXXXXX believes otherwise they must be able to show a full breakdown of the genuine pre-estimate of loss.

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Wow! I definitely would not have come up with that wording.

 

Thank yo for your help.

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There is no validation of this ticket as the ticket is meaningless so no boxes need to be ticked as explained above. You can write to POPLA if you wish rather than use the online form and that way you can say what you want rather than be limited to the check boxes they use.

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There is no validation of this ticket as the ticket is meaningless so no boxes need to be ticked as explained above. You can write to POPLA if you wish rather than use the online form and that way you can say what you want rather than be limited to the check boxes they use.

 

The boxes are pretty meaningless but it's always best to use the not liable one.

 

Esmerobbos advice is spot on.

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Thank you for the replies, I have now submitted the appeals form online.

Just had confirmation email of online submission.

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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.

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Then wait patiently for the result and if it is successful good for you and £27 down the drain for ANPR. If it isnt successful read it carefully and wait for ANPR to bother you again before deciding what to do next and use the information POPLA and ANPR have given you for their trouble.

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Then wait patiently for the result and if it is successful good for you and £27 down the drain for ANPR. If it isnt successful read it carefully and wait for ANPR to bother you again before deciding what to do next and use the information POPLA and ANPR have given you for their trouble.

 

Please do not under any circumstances 'wait patiently for the result' the one thing you must never do is sit back and wait.

 

In due course you will receive the evidence package from ANPR Ltd, you need to read this carefully and be ready to rebut any matters that ANPR Ltd submit that you take issue with.

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Then wait patiently for the result and if it is successful good for you and £27 down the drain for ANPR. If it isnt successful read it carefully and wait for ANPR to bother you again before deciding what to do next and use the information POPLA and ANPR have given you for their trouble.

I agree be patient as the saying goes" fools rush in" as for sitting back and waiting I've been waiting over 12mths now

50/50 chance,will they won't they who knows.

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