ANPR Preston H&S Litigation services - claim form received? **Won at POPLA**

[schofield 16]

Hi Old Snowy

 

Thank you for your and everyone else's comments About our friends and their website ..I'm still a little concerned about being taken to court .Their website indicates that sit back and we will do the rest ? which makes you think they take all non payers to court

 

Still willing to see it through

 

most comments on here indicate cases like this never make it to court or very few

 

Perhaps Just looking for more re-assurance

 

""We prepare the county court claim, present that to court and simply add our fees onto the claim.

 

Once we receive your file, all you need do is sit back and wait for the damges to be paid."" (is that the legal spelling of Damages)

[kirkbyinfurnesslad]

They won't take you to court with that rubbish so that's your reassurance. Even if you did people on here/mse/pepipoo will be more then happy to help you

[lamma]

"present that to court" With no right of audience ?

I hope they bring their toothbrushes !

In my view they are in severe violation of multiple sections of

http://www.legislation.gov.uk/uksi/2008/1277/contents/made

[topcat1802]

They obviously have something to hide as

 

when you do a whois on the domain name it is registered to "Global Domain Privacy". So

 

they are hiding behind an anonymous address (their registered office is just that a mail/phone forwarding service) , and

 

an anonymous internet domain which would imply they had something to hide!

 

I wonder who they are hiding from.

[lamma]

Not much, the people behind this are well known.

Their reputation precedes them as it were.

[schofield 16]

Thought i might share some pictures of the signage in lodge drive car park ..if its ok to post these

 

Special l prize for anyone who can spot the sign on picture 5

 

Also the ANPR sign is completely different to copy they sent in their pack

 

Any comments

[lamma]

In keeping with their reputation.

Rather 'error prone' when it comes to evidence.

The sad aspect is that people pay when they receive such 'confetti in waiting'

[schofield 16]

Hi lamma

 

I can see why many would pay !!

 

Just been looking at the "Private Parking Protection Agreement " between ANPR and the Proprietor I'll post it up if anyone wants to see it

 

"Offending Vehicles which need to be ticketed must have at least one sign clearly visible from its parked position,These signs will carry a clear and unequivocal message that the vehicle owners details may be obtained from the DVLA

 

No mention of that on their signs in the car park as they are sign's about clamping

 

also when the car is in the parked position the sign are behind and in the tree's

 

I've sent the court forms off to Trading Standards and the BPA ,just the OFT to go

[lamma]

Only post that agreement if it is already in the public !!!

and refer to the public source.

Otherwise do not post it as it could give rise to a cause of action against you.

[schofield 16]

OK

I wont post it not sure if its public or not

 

Ta

[kirkbyinfurnesslad]

If you wish to send me a copy I will happily take it of you

[schofield 16]

ok

 

if i sacn the copy (which isn't great) How do i get it to you without it being piublic

 

Still learning

[kirkbyinfurnesslad]

Send it to [email protected] which is a throw away email address so no harm it being seen in public

[schofield 16]

ok I'll send it this afternoon

 

Thanks

[schofield 16]

Hello good Knights of the parking world

 

Today i received my POPLA appeal no from ANPR .They tell me i have 29 days from todays date, their letter is dated the 27th of November and today is 11th of December Post from Preston to warrington area must be slowing up

 

So know i just need a template letter to send to POPLA on what grounds i'm i appealing I've been given 4 options (where do i find temple letter's)

 

1 The vehicle was not improperly parked

2 The parking charge (ticket) exceedded the appropaite amount

3 The vehicle was stolen

4 I am not liable for the parking charge

[esmerobbo]

A template letter won't do as you need to pick away at their case.

 

The main point being put them to the test to prove the charge is a genuine loss to them, plus everything else you can add ie; compliant signs, POFA compliance, have a look around some threads and pick points up what you think is relative to your situation.

[schofield 16]

Hi esmerobbo and all

 

Thank for you advice I've spent the night reading threads and letter's ,Starting to understand some of it a little bit more now

 

So as you say .1 genuine loss

2 compliant signs

3 POFA compliance

also do i include info about a valid and fair contract with the driver justifing the amount demanded?

 

I'm struggaling a bit about POFA compliance ..As odds posted on the 5th "And just for good measure's they are way out of the time scalefor making a claim against the RK of the vechicle"

 

PNC was 31st August

 

Ist invoice to RK on the 14th of october 44 day's after.. is this the time scale "odds" is refering to?? just need that bit explaning on how they are wrong I.E. amout of days

 

Thanks again

[esmerobbo]

This was a windscreen job wasn't it? If so they have 56 days to issue the NTK. However they have not been POFA compliant as they never gave you a POPLA ref when they refused your appeal to them. They have then instigated debt recovery still without giving you a POPLA reference.

 

Include everything you can but the killer is them trying to prove the charge is a genuine loss.

[odds]

This was a windscreen job wasn't it? If so they have 56 days to issue the NTK. However they have not been POFA compliant as they never gave you a POPLA ref when they refused your appeal to them. They have then instigated debt recovery still without giving you a POPLA reference.

 

Include everything you can but the killer is them trying to prove the charge is a genuine loss.

 

The killer is, they are claiming that the Registered Keeper is now liable under the POFA 2012. However, they have failed to follow the steps required to claim from the keeper ...............no ifs or buts, case closed !!!!

 

Pete.

[schofield 16]

Dear Odds /pete

 

Thanks for that I'm currently putting together my appeal to POPLA what a nighmare!! I'm not sure how to word that bit into the appeal Help needed

 

Also I could do with someone casting their eyes over my POPLA appeal before sending

 

Any takers?? as i'm sh*te at righting stuff like this Iassume its best not to let the PPC drones see it

 

Thanks

[odds]

You're first point in your POPLA appeal should be the timescale of the correspondence.

Pointing out that they are now claiming that you, as the registered keeper are now liable for the payment. They are well out of the time limits to make a claim against the Registered Keeper and as such they would not have a leg to stand on.

From the day the ticket was placed on the car, that is day '0' , counting up from then, they have 56 days to make a claim and notify the Registered Keeper that they are now liable for the money outstanding. They have even referred to POFA 2012 in the bogus claim, thus shooting themselves in the foot because it shows that they have a total disregard/misunderstanding of the rules under which they should be adhering to, made up by the BPA for their members to supposedly make the industry more transparent.

Have you read through Schedule 4 of the POFA ?

Send copies of the bogus claim to POPLA, send them to the BPA as an official complaint and send them to DVLA as a complaint against DVLA for providing your details to a third party for the sole purpose of demanding money which they are not entitled to claim.

 

Look at Section 8(5).

 

Most importantly, don't lose sleep over it. They really have shown themselves up and just show what this whole industry is based on ....... peoples fear of threats and legal action to gather money.

 

If you want a copy of my complaint email to DVLA regarding ACPOA give me an email addy and I will give you an idea from where to start. I'm going to update my post with the pathetic response I got from DVLA later.

 

Pete.

[schofield 16]

Hi Pete

 

in post 67 i said PCN was 31.08.13. with the first invoice to keeper was on the 14.10.13 which is 44 days .And as esmerobbo said in post 68 they have 56 days to issue NTK ,isn't the NTK the first invoice (via post )

 

v CONFUSED

 

PS as i'm new to this whats an email addy ?

 

Thanks

[odds]

 

 

31.8.13 My stepson parked his car for 10mins while collecting a pizza after looking on this form most advice was to ignore

 

11.11.13 after some invoice's I took advice from the Form and wrote to tell them they would need to take this up with the Driver of the vehicle

 

15.11.13 ANPR wrote back with their photographs and stating that failing to disclose the driver details left the keeper responsible

At this point they have lost all entitlement to claim from the Registered Keeper !

Although the dates you have put are a bit questionable, if you wrote to them on the 11/11/2013 and got a reply on the 15/11/2013 that must be a record for the Post Office

 

Hi Pete

 

in post 67 i said PCN was 31.08.13. with the first invoice to keeper was on the 14.10.13 which is 44 days .And as esmerobbo said in post 68 they have 56 days to issue NTK ,isn't the NTK the first invoice (via post )

 

v CONFUSED

 

PS as i'm new to this whats an email addy ?

 

Thanks

 

Where did this letter pop up from ?

I'm confused now, which dates are on the letters/tickets.

Other more qualified will advise you but to be honest this seems a very serious case of demanding money through coercion, I would definately send all correpondence to POPLA and BPA and DVLA.

 

Pete.

[schofield 16]

Hi Pete

Confused is my middle name these days

 

I wrote to them on the 11.11.13 AFTER some invoices They rec' that on the 12.11.13

They wrote to me on the 15.11.13 so prob arrived on the 16.11.13

Maybe the way i pharased this was wrong-re "after some invoice's

 

31.8.13 PCN

14.10.13 1st Invoice( Date of letter )

29.10.13 final demand invoice

11.11.13 my letter to them

13.11.13 Notice of intent

15.11.13 their reply turning down my appeal no popla code

25.11.13 letter from me requesting the popla code

02.12.13 letter from H&S with court claim not dated etc

05.12.13 letter from me re-requesting the popla code

Now the crafty bit

They dated the popla code letter on the 27.11.13 but they only posted that on the 09.12.13 (franked)

 

I assume this was there way of trying to say that they sent the POPLA code before the the undated,unsealed and non claim numbered court papers

so not POFA compliant on that score

 

I'm going to send all picture's and copy's of letter's With my POPLA appeal

 

I'd still like some one to look over it

 

Hope this clears thing up

[esmerobbo]

OK lets take it a step at a time

 

1 Ticket on car on 31-8-12

2 First contact on 14-10-13 What was this letter headed as it should have been a NOTICE TO KEEPER giving you the option to pay appeal or name the driver?

3 Your letter on 11-11-13 was it an appeal or did you simply say I was not the driver?

4 Their letter dated 27-11-13 giving the POPLA code it should read XXX3313ZZZ the first XXX is their code, the 3313 is the date of issue, and ZZZ is their number of refused appeals. 331 is the 331 day of the year ie: 27th Nov 3 is the last number of the year.

 

The 14-10-13 first contact should have been a NTK and would have to be POFA compliant which includes.

 

Which car the ticket relates to

What land the car was parked on

The period the car was parked

Advise that the driver is liable for the parking charge and the amount and that it has not been paid in full

State whether a notice to the driver was given either to the driver or placed on the vehicle and if so to repeat the information in that notice about paying the parking charge and when

Specify the outstanding amount of the parking charge and of the maximum additional costs they may seek to recover, and of the dispute resolution arrangements

Invite the registered keeper to pay the outstanding parking charge or, if he was not the driver, to provide the name and address of the driver and to pass a copy of the notice on to that driver

Identify the “creditor” who is legally entitled to recover the parking charge

Warn the keeper that if the parking charges remains outstanding after 28 days and the name and address of the driver has not been given, or otherwise known to the person entitled to the parking charge, that “creditor” will be entitled to recover the parking charge from the registered keeper.

Details of the discount for payment within 14 days, The Discount should be at least 40% of the full charge under the BPA Code of Practice (applies to BPA Members only)

Date of the notice

 

You can PM me your appeal if you wish to look over.

Edited December 14, 2013 by esmerobbo