ANPR Ltd PCN Appeal Letter POLA ref number? **Cancelled before POPLA**

[HerbertNegative]

I recently had a PCN letter from ANPR Ltd. asking me to cough up £100.

 

I had a read around the internet and the advice I found was to appeal to them and ask for a POPLA appeal code if they rejected the appeal.

 

They have now rejected the appeal and have asked me to re-consider proceeding with my appeal to POPLA.

 

 

The letter ends by saying that if I still feel that I have a valid case to appeal (which I do),

then to write to them again and they will provide me with full details for the Independent Appeals Service (POPLA).

 

Is my recommended course of action now to write to them again and request the POPLA appeal code as they suggest?

 

 

The reason I ask is that I'm sure I read somewhere about the POPLA appeal code being cleverly hidden somewhere in this initial appeal rejection letter

(the implication being that sending ANPR another letter will give them time to stall until the appeal code becomes invalid).

 

 

However, I have read the letter several times and the only number it contains appears to be the original ticket code that was on their original PCN letter,

so I'm struggling to see how an appeal code could be concealed within it.

[Crocdoc]

You should never need to write to obtain a POPLA code, this information should be included in the initial rejection of appeal. If I were you I would lodge a complaint to the BPA (Dont expect too much in response) Nevertheless it will at least show that you have made an attempt to clarify the position.

 

The following statement comes from the POPLA website

A verification code will be sent by the operator with the rejection of your representations. You will need the verification code to appeal online. If you were not sent this, the operator should be contacted to obtain one. You must appeal to POPLA within the 28 days

[silverfox1961]

Hi and welcome to CAG

 

Is your letter similar to this one

 

http://forums.pepipoo.com/index.php?showtopic=82513&st=20

[HerbertNegative]

The first two paragraphs are virtually identical. The final paragraph is very similar, but with some slight rewording. The main difference is that the final sentence providing a verification code is absent.

[ericsbrother]

I would write to POPLA and use any reference that appears on their letter and include a copy, pointing out that ANPR are trying to subvert the course of justice by sending the letter and not giving a clear indication of teh code of the appeal. POPLA may well reject your appeal as being faulty with the documentation but ANOPR will get clobbered big time if they try and take the matter further as they havent used the system that was brought into law for their benefit, not yours.

[kirkbyinfurnesslad]

Right

 

ANPR have changed their letter now following a complaint to the BPA. so this letter does not include a POPLA code. Could you post up the letter with your details removed please.

 

There is no point writing to Popla. Write back to ANPR and state you have nothing further to add and that you require a popla code forthwith

[kirkbyinfurnesslad]

The first two paragraphs are virtually identical. The final paragraph is very similar, but with some slight rewording. The main difference is that the final sentence providing a verification code is absent.

 

thats right they were told to change it by the BPA, so just demand the code now

[HerbertNegative]

Thanks for the advice all. For interest, here is a redacted copy of the letter:

 

[ATTACH=CONFIG]47832[/ATTACH]

[silverfox1961]

In my opinion, on rejection of your initial appeal, they should automatically give you a POPLA reference number. By not doing so, they are hoping you won't contact them again or they delay the response to you taking your appeal past the deadline for POPLA.

 

I can't predict the outcome of your next letter to them but I would be giving them a strict time to reply.

[kirkbyinfurnesslad]

Tht being the point silver fox

[HerbertNegative]

I've composed a letter to send to ANPR expressing my intention to proceed with the appeal to POPLA and to request they provide my with a code. I was wondering whether I should add the following sentence at the end:

 

"If a POPLA code is not forthcoming then I will contact the BPA directly, providing them with copies of all the correspondence to date between our two parties."

 

Or just leave it off. Any thoughts?

Edited November 20, 2013 by HerbertNegative

[kirkbyinfurnesslad]

No thts fine.

 

Send it off

[esmerobbo]

Get a free certificate of posting from the PO!

[Crocdoc]

When you do receive your POPLA code and Lodge your appeal be sure to include GENUINE PRE ESTIMATE OF LOSS (Assistance provided if required) Having raised this point you most certainly should make reference to the section in the company's website headed HOW WE WORK as it clearly states WE PAY COMMISSION. (Information correct at todays date as I suspect it may be removed)

Raises a question, does it not

I wonder how many time's this has slipped the net in the past.

[HerbertNegative]

I had a look for the page you mentioned on their website but couldn't find it. Would you possibly be able to provide a link please (assuming that it hasn't already been removed)? Thanks.

[HerbertNegative]

I sent another letter requesting they supply a POPLA code by immediate return of post. They have had now had ample time to reply but I have yet to receive anything back from them. What do people think my next move should be?

[Crocdoc]

I had a look for the page you mentioned on their website but couldn't find it. Would you possibly be able to provide a link please (assuming that it hasn't already been removed)? Thanks.

 

I checked it this morning and the statement is still on their site , under the heading "How we work with your company "

 

If you have difficulty go to the BPA website and Click on AOS members scroll down to Athena ANPR and you will get a link from there.

Edited November 27, 2013 by Crocdoc

[Crocdoc]

You could consider complaining to the DVLA on the basis that information is provided on the basis of REASONABLE CAUSE and yet this company appear have access to DATA and at the same time fail to comply with the conditions attached to the Protection of Freedoms Act or indeed the guidance provided by POPlA

 

See the following taken from the November POPLA newsletter and published on the Parking Pranksters website.

 

2 | P a g e

Operator’s rejection

Whether described as a notice or letter, the operator’s rejection of initial representations made to them in respect of a parking charge notice is important. It should set out the reasons for the rejection, dealing with all matters that have been raised. Experience shows that rejections that do so may well mean that an appeal to POPLA does not follow, if the recipient can see that all their points have been satisfactorily addressed.

Under no circumstances whatsoever is it appropriate for an operator to suggest in a rejection that an appeal to POPLA is ‘unwise’, ‘unnecessary’, ‘bound to fail’ or anything similar.

If an appeal comes before POPLA where it appears that operator appears to have been actively dissuading an appellant from making an appeal, the matter may have to be referred to the BPA.

As previously stated, operators must be careful to ensure that the wording of any rejection does not, even inadvertently, appear to suggest that the charge might increase by making an appeal to POPLA.

Verification code

Operators must, on every occasion, include the verification code in their rejection of representations. The recipient of the rejection should not have to ask for it.

Failure by an operator to provide a verification code in their rejection letter is a breach of the Code of Practice, sanctionable by the BPA.

Rather than just a reference, the verification code should be clearly identifiable as such, for example:

Your verification code, which you will need to appeal to POPLA, is XXXXXXXXXX.

Even if the verification code is automatically printed on an enclosed appeal form, it must still be in the dated rejection notice/letter. If it is not, and if the issue arises, it may then be difficult for the operator to show exactly when the verification code was provided to an appellant.

 

The DVLA can be contacted at

SteveHopkins ;

[HerbertNegative]

My appeal was due to be heard this week, but I've just got a letter back from POPLA informing me that ANPR have now cancelled the parking charge notice. Therefore, my appeal has been allowed. Looks like ANPR decided that they didn't have a chance of winning and threw in the towel.

 

Thanks very much for all the helpful advice that I received from this forum - it was invaluable!

 

I now intend to contact the DVLA directly and inform them of ANPR's numerous breaches of the BPA code of practice. I'm not confident that they will pay any attention, but it is worth a try.

 

Would it be a good idea for me to upload my full appeal letter to help other people? Or could this cause me problems (e.g. legally)? The car park in question crops up on this forum a lot, and I have plenty of photographs and evidence specific to that site which might be useful for people.

Edited January 26, 2014 by HerbertNegative

[IPC1963]

If this is by any chance Lodge Drive Culcheth complain to BPA first when they dont respond which they wont. Write to DVLA complaining about ANPR Ltd and the fact the BPA are unable to monitor them. I am currently at this stage. ANPR have until tomorrow to respond to my LBA and then im taking them through small claims for costs. On lodge drive they dont have a leg to stand on look at contract date, 2004. ANPR state they took over the car park 2008 according to companies house they were not formed until 2007. Im also going after the principal i.e. landowner who refuses to remove them after repeated approaches over the years even from the local MP. Lets see if she so keen when people start to recover costs from her personally. Contract states ANPR are acting on her behalf.

[HerbertNegative]

Yep, it is the Lodge Drive car park. I will follow your advice and start with a complaint to the BPA, followed up by one to the DVLA if they don't take action. ANPR claimed to have a photograph on the PCN on my windscreen, but the car was unattended for less than five minutes and there was no PCN on the windscreen after this time. They are either not being entirely honest or they photographed it and then immediately removed it. I challenged them to produce this photograph in both of my appeals (to ANPR and POPLA), but they have not done so. I will be mentioning this in my complaint, as well as their threatening letters and breaches of the BPA code.

 

I didn't know about the contract situation (I also challenged them to produce the contract for the car park in my appeal), so that information is really good to know. I'm glad that people are standing up to these bullies and hope that the court action goes well.

[IPC1963]

My case went to POPLA and was won on their proof of liquidated damages they quoted their prifits for the site. In their evidence they submitted a plan of the signs in the site many of which didnt exist along with their own photos proving they didnt exist! A copy of a contract for 1 year dated 2004 they tried hiding the POPLA code in the first letter along with numerous other stupid infringements. My complaint to the BPA was around 9 pages long demanding action is taken and stating that i intend to write to DVLA and trading standards. I am giving the BPA the opportunity to respond BEFORE I write to DVLA as i might as well kill two birds with one stone. Mr Whitehouse has been sent an invoice with a full breakdown of my costs with my LBA obviously he has chosen to ignore so tomorrow i take the next step via small claims.