ANPR Parking

[Suzuki 550]

Hello this is my first time on here so please be gentle.

I have read some of the threads regarding this but not seen the same as mine I went to visit fiends and stopped off for fish and chips no room to park so used car park next to library didn't think about paying as it was after 7pm returned to find Parking Charge Notice on windscreen for no ticket displayed the sign next to paying machine did state payment between 8am-10pm what should I do it says on the notice £50 if paid in 14 days or £100 if not then 40% added thereafter,i have checked and the car park is not owned by the council.

[rebel11]

Hi Suzuki

 

Welcome to CAG

 

The guys will advise as soon as they are available.

 

Silverfox has moved your post to the correct forum.

[silverfox1961]

Hi and welcome to CAG

 

I have moved your post to a new thread in the correct forum for you. This is administrative and you need do nothing.

 

Just to clarify, this is a PARKING charge notice NOT a PENALTY charge notice?

[Suzuki 550]

Yes that's right thankyou

[silverfox1961]

Do nothing as yet. Wait for the Notice to Keeper to arrive. Once that arrives, you can then appeal and when the appeal is rejected, you can do a further appeal to POPLA.

 

Why wait? If you appeal now, they will know you are the driver. You don't want them knowing that. It doesn't matter if the driver and the keeper is the same person.

[Suzuki 550]

Thank you Silverfox do they have to send the notice within so many days or did I read the other posts wrong.

[silverfox1961]

Thank you Silverfox do they have to send the notice within so many days or did I read the other posts wrong.

 

Yes they do. Can't remember the timescales off the top of my head. One of the regulars will supply that.

[ericsbrother]

the notice to keeper must be between 28 and 56 days of the ticket being slapped on the vehicle. It should invite you to identify the driver and a serviceable address that they can be contacted at otherwise they can pursue the keeper as they would the driver. this doesnt make any real difference to most people's cases as they are one and the same but is useful to differentiate which hat you are wearing when corresponding with them.

If the car park is near to you then have a look at the signage and try and identify the landord. many people have got tickets from parking at Blockbuster Video or the like and of course they dont exist any more and therefore the parking companies have no contract and thus no rights to be there let alone demanding money from people.

Also, what is the name of the parking co? some are not members of a trade association and therefore cant or dont bother chasing up anyone who doesnt volunteer information to them.

[ericsbrother]

Ok I see that it is ANPR. They frequently get things wrong so best just wait for the letter in a month's time

[Suzuki 550]

Thank you for your help so far I found out the owners phone number and called him to ask if he had employed ANPR he said he had to because people were parking all day and not paying I told him I was parked for 10mins max and thought the charge that ANPR were asking for was a rip off he said I would have to contact them and he was unable to help and that he did not get any of the money they get. I WILL NOT BE CONTACTING ANPR.

[ericsbrother]

If you are minded to, ask him if he has agreed in writing to allow ANPR to sue people in their own name. He may not be aware of this but he need to give express permission for them to claim from anyone via the courts and if he becomes aware he may revoke that permission in your case, specially if he thinks that he will get grief about it in the local paper etc and how damaging it could be for his business if enough complanits were make public. No threats, just gentle hints or questions.

[Suzuki 550]

I have just checked and they ANPR are members of the BPA which means the DVLA will give them my details should I be concerned.

[Meekyou]

Standard procedure; if you don't pay the reduced Charge in the initial 28 days from date of issue, they can approach DVLA (and pay a fee) to get the details of the registered keeper of the car. They can't contact DVLA for 28 days after the Charge was issued.

 

Then they will send you the Notice to Keeper, advising the discount period has ended and the charge has gone up. On the back will be the Appeals process for you to follow. So do nothing for now, then send in the appeal.

[DBC]

"he did not get any of the money they get."

Which disproves ANPR's signs that say every time somebody breaks the "rules" then ANPR are in breach of their contract with the landowner and have to pay them £100.

[esmerobbo]

Don't worry about ANPR Ltd, you wont even get a "compliant notice to keeper" you will get a letter stating you now owe £100. Once you get the letter come back and let us know which one of their silly letters you received.

 

They are members of the BPA but the BPA is nothing more then a members club, they have a code of practice but claim they are non regulatory. A bit like having a referee without a whistle!

[Suzuki 550]

Thank you for all your comments and advise, my concern is that they have a good case as I should have paid and did not check the parking times so if I wait the cost goes up and that is a worry, do you really think I should call their bluff?

[esmerobbo]

You possibly should have paid, so you owe the owner of the car park whatever the fee was, they told you to take it up with ANPR Ltd who want £50/£100 you don't owe them anything!

 

You have said you contacted the owner, then send them the fee and as no loss has been caused then they have no case as you have put them back to the position they were in before any alleged breach was committed. However it could be argued that by paying you are accepting the terms and conditions posted.

 

Google ANPR Ltd and you will see how laughable this company really are, there are a few companies that need taking seriously, these are not one of them.

 

Wait to see what comes, if they get it right you can win at POPLA.

[JoeyJoeC]

Wait for the notice to keeper. When you get it. Appeal the parking charge by saying that £50 is not a valid estimate of loss as you were there for 10 minutes. They most likely will reject it, when they do, ask for a POPLA code. This will cost the parking company money to give to you... If they do, appeal via POPLA for the same reason.

 

You have 28 days from the NTK to appeal to them, then a further 28 days to appeal with POPLA.

[armadillo71]

Wait for the notice to keeper. When you get it. Appeal the parking charge by saying that £50 is not a valid estimate of loss as you were there for 10 minutes. They most likely will reject it, when they do, ask for a POPLA code. This will cost the parking company money to give to you... If they do, appeal via POPLA for the same reason.

 

You have 28 days from the NTK to appeal to them, then a further 28 days to appeal with POPLA.

 

You state in your intial appeal, that they must send you a validation code for POPLA, If it is rejected.

[Suzuki 550]

Hi all, as asked I am letting you know that I have received a letter from ANPR Ltd it say's OUTSTANDING PARKING NOTICE and are asking for £100 now as I have not paid in the time stated, because they had to get my details from DVLA the new total is £140 but they can only charge this after 42 days have lapsed so an early settlement of £100 is diminishing fast their words. Any advise please.

[ericsbrother]

So, the date of the receipt of this letter? It appears to be within the dates so appeal the charge saying that the signage was not visible to you in the dark and therefore no contract was offerd for consideration due to inadequacy of the signage indicating the conditions of parking. Secondly, the charge does not reflect a true estimate of loss to ANPR caused by any breach of the conditions and you are prepared to pay the prescribed fee for the time your vehicle was parked there. If they do not accept that then you requirea POPLA code.

[ericsbrother]

As for charging £40 for having to spend £2.50 at the DVLA this is purely a penalty, Let them know that as well.

[Suzuki 550]

Thanks for your reply I've read some comments on the same subject and they say only to state that I am the RK and that I am not liable and to tell ANPR to cancel or send an appeals code.

[ericsbrother]

You are responding as the keeper of the vehicle to a claim that follows the Protection of Freedoms Act, the legislation that allows these bandits to claim from the keeper if the driver is not identified and they follow the protoclos laid down.

Did the letter you have just received address you as the keeper and invite you to identify the driver or pay up or just demand payment of the higher amount? Slapping on a charge for gathering your details is a no-no so they are digging a hole for themselves.

Your appeal (letter should tell you how to appeal) could say that their signage is inadequate to form a contract so any claim for breach of contract is denied. If this is not accepted then please supply a POPLA code. What you say at this stage isnt that important as you only want the POPLA code.

When you get their rejection letter you can hit them at the POPLA appeal with breach of protocol invalidating their claim against RK and the usual no genuine pre-estimate of loss and unfair terms in contract only offered after the event being unlawful and unenforceable.

[Suzuki 550]

In the letter they just describe the vehicle and the reg which is registered/hired to you.