Parking charge notice received from ANPR-LTD for parking on a housing estate

[Humbugshooters]

Hello,

 

I'm new to the site, so please be gentle .

 

I've recently received a Parking Charge Notice from ANPR-LTD for parking on a housing estate without a valid parking permit. I was parked there for the best part of 5 mins and now they're asking for £50 if paid within 14 days or £100 thereafter.

 

My question is, do I wait for a letter to come through the post or should I write to them now.?

 

I was going to send the letter below to them and was wondering how this sounds:

 

 

 

Dear Sir/Madam

 

Re Parking Charge Noticenumber: ******

 

I am challengingyour parking charge notice dated XX/XX/XXXX on thefollowing grounds. Please respond to each individual point that Istate.

 

1. The large sum demandedamounts to a penalty and/or is not an accurate reflection of any losssuffered so it is not a reasonable charge. Your monetaryclaim is disproportionate, punitive and unjustifiable in total. Itmay also be an unfair term and therefore in breach of Schedule 2 of theConsumer Contracts Regulations 1999. Please provide a breakdownof how your demanded charge is calculated so that I can considerfurther whether it amounts to a penalty.

 

2. The contractual breach can havecaused no financial loss whatsoever to you or to the landowner but if you believe it has please set out the detailsclearly in your response. If you believe I have committed a trespassplease substantiate your consequential actual loss. There were, forexample, unoccupied places available for others to parkso my presence did not prevent the parking of other cars.

 

 

3. I saw no signage in the placewhere I parked or at the entrance to the area where Iparked. The requirements are that clear signage must be erected at each. Therefore I have not entered into a contract with you.

 

 

4. Having since re-visited thesite and researched the rules I now understand why the signagewas not clear to me at the time of my visit.

 

There is not clear signage atentrance to the car park/ land stating the restrictions in force.

 

The BPA and APS logos are notclearly displayed on the signage despite it being a specificrequirement for compliant signage.

 

 

5. I understand thata Parking Charge Notice must also include the following which isabsent from the notice you have provided and therefore itmay be invalid.

 

An identifier number of the wardenwho issued the ticket

 

Details of where and howchallenges can be sent

 

A statementthat you will enquire from the DVLA details of theregistered keeper

 

The B.P.A and A.O.S. logos

 

 

6. The rules of theBPA require you to allow a grace period either to allow a motorist toread the signs and make payment or decide whether parking ispermitted, and at the end of a period of paid for time or maximum stay toallow for discrepancies in the time shown on differentdevices. A reasonable grace period would be 5 minutes but it may be that theowners of this site have instructed you to offer a different grace period.Please advise the actual grace period in operation so that Ican assess whether you have acted reasonably.

 

 

7. Ifthis challenge / appeal is rejected, to enable me toprepare a formal appeal to P.O.P.L.A please provide the following documentation:

 

A copy of your contract withthe land owner which authorises you to act on their behalf inthe management of this car parking area.

 

A copy of the contract which youallege I entered into when I parked.

 

Photographic evidence of theactual signs in situ,together with identification of the locations aroundthe site where these signs are currently placed. Please also confirmthe date when the photographs were taken (if not evident from thephotographs themselves) and whether you have made any alterations to thesignage since the photograph was taken.

 

A copy of the full terms andconditions for use of the land where I was allegedly parked wrongly.

 

A copy of your certificate ofmembership of the BPA

 

A copy of your protocol whichyour enforcement and CCTV operators are requiredto follow.

 

A copy of your standardappeal procedure and confirm whether or not it complies withthe Arbitration Act 1996.

 

Full details of the owner ofthe parking area (if it is not already stated in thecopy contract above) as I wish to send them a copy of my letter to you.

 

A copy of all of the imagesthat you have of my vehicle. I understand that the Data Protection Actentitles me to all of this information.

 

A copy of your protocol forhandling personal data such as images of my vehicle. I assumethat such data is not disclosed to any third party (otherthan POPLA in the event of an appeal) but please confirm this.

 

 

Please provide this informationwithin 35 days of receipt via email to XXXXXX. If youare unable to provide any of the requested documentsplease provide a reason for each omission.

 

 

 

If you choose to pursue me please be aware that I will notenter into any correspondence and this will be the only letter you will receivefrom me until you answer the specific points raised in my letter.

 

 

 

I look forward to hearing from you.

 

Yours faithfully,

[Humbugshooters]

oh and thank you for taking the time to read my post.

[armadillo71]

It must have been a windscreen ticket to notice no permit?

So you wait for letter through the post between 29-56 days later.

Your draft is about anpr cameras which were not used...

[armadillo71]

Also it identifies you as the driver...

Edited January 10, 2014 by armadillo71

[ericsbrother]

If a windscreen ticket then wait for the notce to keeper through the post and note exactly when it was received. If before or after the timings posted above they have got the procedures wrong and they cannot claim from the RK, only the driver and THEY have to show who that was so dont volunteer any information to them by contacting them at this point.

[Humbugshooters]

Thanks Armadillo71. So just to confirm I should ignore the windscreen notice and wait for the letter which has to be with me between 29-56 days? Also what does you comment Double Post mean?

 

Many Thanks

[Humbugshooters]

Thanks for the info ericsbrother

[armadillo71]

Thanks Armadillo71. So just to confirm I should ignore the windscreen notice and wait for the letter which has to be with me between 29-56 days? Also what does you comment Double Post mean?

 

Many Thanks

 

Yes.

Double post-same post twice! But I have edited it.

[Humbugshooters]

Hello again,

 

 

I've now received a letter from ANPR (44 days after the alleged parking breach) addressed to the Registered Keeper. Is this the time to now send my appeal and if so is my letter at the start of this thread letter appropriate to send them?

 

 

Any assistance would be greatly appreciated and thank you for taking the time to read my post.

[armadillo71]

Can you post a redacted copy of the NTK?

Going by your first post, just appeal as reg keeper saying you are not liable for this charge. The land owner has encountered no loss so please cancel this charge. If you do not cancel this charge please provide me with a valid code for the independent appeals service POPLA.

[ericsbrother]

Fire off your letter as keeper of the vehicle and point out what they have got wrong with regard to the procedual errors in issuing a ticket to your vehicle and ask that they either cancel the demand or issue a POPLA code. Dont go into a long essay at this point, just get the code and then bash them at POPLA.

[Humbugshooters]

Thanks for your advice Amadillo71 and Ericsbrother.

 

 

Ericsbrother - What procedural errors are you referring to regarding attaching the Parking Charge Notice to my vehicle? I'm not aware of these?

 

 

Thanks once again.

[Humbugshooters]

Good Morning,

 

I've now received my POPLA CODE And was wondering what I should say to them? Any examples would be appreciated?

 

 

Thanks for your advice Amadillo71 and Ericsbrother.

 

 

Ericsbrother - What procedural errors are you referring to regarding attaching the Parking Charge Notice to my vehicle? I'm not aware of these?

 

 

Thanks once again.

[silverfox1961]

Hi

The biggest killer for these 'tickets' with POPLA is the Genuine Pre Estimate Of Loss (GPEOL)

 

Once you include that within your appeal, ANPR are likely to lose.

 

You could use others as well

 

Insufficient signage ( if that was the case)

No breach of contract. Imagine the scenario where you have to get out of the car to read the signs. That could easily take 5 minutes.

GPEOL

 

etc. etc.

[esmerobbo]

Have you checked the code is valid?

 

http://www.parkingcowboys.co.uk/popla-code-checker/

 

ANPR Ltd have a habit of issuing late codes.

[ericsbrother]

OK start off with 1. You do not believe that the parking company has a right to claim for losses caused by parking on another's land so would demand to see such a right by view of the contract between the landlord/occupier and ANPR ltd.

2. inadequate signage so contract not formed due to inadequacy.

3. Then say that there has been no loss to any party caused by your vehicle's presence. Then say the claim for breach of contract (if POPLA believe contract formed and you dispute that as poor signage made it impossible for you to consider and accept their offer) the parking company must show its loss or a genuine pre-estimate of loss and it is your belief that the sum demanded does not represent any loss to ANPR ltd and thus is a penalty charge.

If you parked in someone's personal spot then ANPR have no "locus standi" as only that occupier has the right to claim from you and they are not doing so. (very likely on leasehold developments with allocated parking, it is part of the lease so parking co have no contract that applies tothat particular patch of land)

[ericsbrother]

Try entering the POPLA code online, I reckon it will bounce as too late. If so write your appeal and post to POPLA with a covering letter of complaint and copy it to the BPA citing abuse of process and point out that you as keeper are not liable as ANPR failed to follow the PoFA regulations. Thay way it cannot be said that you didnt try to adhere to the process.

[Humbugshooters]

Thank you for all your responses; it's very much appreciated. I'll let you know how I get on.

 

Thank you all once again for your helpful advice.

[Humbugshooters]

Try entering the POPLA code online, I reckon it will bounce as too late. If so write your appeal and post to POPLA with a covering letter of complaint and copy it to the BPA citing abuse of process and point out that you as keeper are not liable as ANPR failed to follow the PoFA regulations. Thay way it cannot be said that you didnt try to adhere to the process.

 

Ok so I've checked to ensure the popla code is valid. I was going to put this in my appeal and was wondering what you all thought:

 

 

1. There has been no financial loss to any party caused by my vehicle's presence as there were a number of free spaces either side of my vehicle and my vehicle was parked there for no longer than 5 minutes. If ANPR are to claim for damages, I would like to see there loss or a genuine pre-estimate of loss and it is my belief that the sum demanded does not represent any loss to ANPR ltd.

 

2. The operator has breached the BPA code of practice clause 18.8 (see photo), as the BPA's AOS logos are not shown.

 

18.8 You should display the BPA’s AOS logos at all sites.

This will help the public to see that you are a legitimate operator, and show that the site is run properly.

 

3. I do not believe that the parking company has a right to claim for losses caused by parking on another's land so would demand to see such a right, by view of the contract between the landlord/occupier and ANPR ltd.

 

4. In the case of parking charges for DAMAGES the charge is not a genuine pre-estimate of loss and is therefore not enforceable.

 

5. I believe the parking charge of £100 is to be punitive. How can they have incurred this loss when there were several spaces available either side of where I parked?

 

6. At the car park entrance there is no mention of the site being private land. The first sign at the entrance says "parking notice: cars are parked here at owners risk". (See photo).

[armadillo71]

Ok so I've checked to ensure the popla code is valid. I was going to put this in my appeal and was wondering what you all thought:

 

 

1. There has been no financial loss to any party caused by my vehicle's presence as there were a number of free spaces either side of my vehicle and my vehicle was parked there for no longer than 5 minutes. If ANPR are to claim for damages, I would like to see there loss or a genuine pre-estimate of loss and it is my belief that the sum demanded does not represent any loss to ANPR ltd.

 

Amend to the driver states there were a number of free spaces.

2. The operator has breached the BPA code of practice clause 18.8 (see photo), as the BPA's AOS logos are not shown.

 

18.8 You should display the BPA’s AOS logos at all sites.

This will help the public to see that you are a legitimate operator, and show that the site is run properly.

 

3. I do not believe that the parking company has a right to claim for losses caused by parking on another's land so would demand to see such a right, by view of the contract between the landlord/occupier and ANPR ltd.

 

4. In the case of parking charges for DAMAGES the charge is not a genuine pre-estimate of loss and is therefore not enforceable.

 

5. I believe the parking charge of £100 is to be punitive. How can they have incurred this loss when there were several spaces available either side of where I parked?

 

Where the driver parked!

6. At the car park entrance there is no mention of the site being private land. The first sign at the entrance says "parking notice: cars are parked here at owners risk". (See photo).

 

 

Amend and send....

[Humbugshooters]

Amend and send....

 

Thank you