Parking notices from ANPR Ltd

[JHH001]

Hi

 

I have received 2 separate notices from ANPR Ltd. One is an outstanding Parking notice relating to one particular date and the other is a Final demand relating to another date. This is the first I have come across these charges as there was no ticket left on the car window.

 

I have read on this forum that initial step is to send a generic appeals letter to ANPR first. Shall I send 2 separate letters explaining that I wish to appeal each notice or shall I send the one letter covering both notices. Also in the letter I was going to say:

 

signage was not visible to you in the dark and therefore no contract was offered 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

 

Please provide me with a POPLA code so that I can refer the matter to POPLA.

 

This appeal has been sent with proof of postage

 

Would the above be enough at this stage?

 

Thanks

[silverfox1961]

Hi and welcome to CAG

 

ANPR use cameras to detect when a car enters and exits a car park.

 

Are you saying that you never received any correspondence for each 'offence' within 14 days of the event.

 

Dates would help us.

[ericsbrother]

appeal each separately. They will them have to provide 2 POPLA codes and you them appeal to POPLA twice and that costs them £27+vat twice.

As in the post above, the dates of the events and the dates of the first demsnd for each would be appreciated.

[JHH001]

Hi and welcome to CAG

 

ANPR use cameras to detect when a car enters and exits a car park.

 

Are you saying that you never received any correspondence for each 'offence' within 14 days of the event.

 

Dates would help us.

 

Hi

 

No correspondence was received within 14 days of the offence.

 

The first offence happened on 11 May and a Final demand was issued on 9 July and the other offence was on 26 May and and Outstanding notice was issued on 9 July. Both were issued as separate letters.

[JHH001]

appeal each separately. They will them have to provide 2 POPLA codes and you them appeal to POPLA twice and that costs them £27+vat twice.

As in the post above, the dates of the events and the dates of the first demsnd for each would be appreciated.

 

Dates have been mentioned in my post above. Would the wording in my first post be sufficient to submit an initial appeal in order to get the POPLA code for each?

[ericsbrother]

As they have failed to contact you in the time stipulated in the provisions of the PoFA they are timed out to claim against the keeper of the vehicle assuming this is for number plate capture.

If they are claiming tickets slapped on the car then you need proof of that and proof of all other correspondence, including the time and date of their request for your details from the DVLA. That will be recorded so they cant really bluff that one. A couple of companies have a bad habit of sending out claims when no ticket issued but they say that it was and the dog must have ate it.

The one claimed from 11th may is timed out even if it was a ticket on screen so again they cannot chase the keeper of the vehicle if this is the first you have heard from them.

I would be letting these cowboys know that and copy your compaint to the BPA and POPLA, even though you are not going there (yet). Also, consider a complaint to the DVLA about gaining your details by misrepresentation and demand to know what they are going to do about this.

make sure that you refer to yourself as the keeper of the vehicle and not the driver.

[JHH001]

Thanks for the advice. I will send my appeal to ANPR and will let you know how I get on.

[ericsbrother]

It is only an appeal for the second one, you are telling them that they are timed out on the first one and any further contact about this matter will result in a complaint of harassment.

Dont be nice to them, being nice means that they think you are a mug and will pay up.

[JHH001]

It is only an appeal for the second one, you are telling them that they are timed out on the first one and any further contact about this matter will result in a complaint of harassment.

Dont be nice to them, being nice means that they think you are a mug and will pay up.

 

 

 

Hi

 

 

The PoFA time limit states that A Notice to Keeper can be served by ordinary post and the Protection of Freedoms Act requires that the Notice, to be valid, must be delivered either

 

1. (Where a notice to driver (parking ticket) has been served) Not earlier than 28 days after, nor more than 56 days after, the service of that notice to driver; or
   
2. (Where no notice to driver has been served (e.g ANPR is used)) Not later than 14 days after the vehicle was parked
   

 

With the first incident that happened on 11 May, a notice was issued 9th July. What does Not later than 14 days after the vehicle was parked mean? I was under the impression that it mean 14 days after the vehicle was parked, therefore the first incident hasn't been timed out. Is that right?

 

 

Thanks

[armadillo71]

 

No correspondence was received within 14 days of the offence.

 

 

Is this not true then?

[JHH001]

Is this not true then?

 

 

 

It is true - no correspondence was received within 14 days of the offence. Sorry, I must have just interpreted the rules incorrectly.

[JHH001]

Hi

 

 

Just wanted to let you know that further to my letter to ANPR telling them that they are timed out on the first one and any further contact about this matter will result in a complaint of harassment, they have now replied back to the letter with the following response (attached below).

 

 

Please can you let me know what the next steps are? Shall I request the POPLA code?

[JHH001]

Re-attached

[armadillo71]

Can you convert to a PDF please as it is very hard to read...

[JHH001]

3rd attempt

[ericsbrother]

set your scanner to convert the file to a pdf so it can be read.

[JHH001]

Hi How do I send the PDF file? The only option I get is insert image. Thanks

[DragonFly1967]

Hi How do I send the PDF file? The only option I get is insert image. Thanks

 

I think you have to reply in "advanced" mode, click the button marked "Go advanced" towards the bottom right of your screen.

 

Then, just above the two 'globes' you'll see this button which is to add attachments.

 

Click that and follow the on screen instructions for adding your PDF to your post as an attachment

[JHH001]

Hopefully attachment should be ok now.

 

 

Please can anybody advise what my response should be bearing in mind the notice to keeper was issued well over 14 days after the alleged incident occurred. Shall I request the POPLA code and go from there? Thanks

[silverfox1961]

Standard claptrap I'm afraid. I assume your letter was the appeal and if yes, did they send a POPLA code with the reply above?

 

If no, write back and demand it and raise a complaint with the BPA as if they reject your appeal they must give out a code

[ericsbrother]

When you write your letter fo complaint to them copied to the BPA send a copy to POPLA as well saying that you would be appealing but the company has failed to adhere to the regulations and you therefore ask for a summary determination

[JHH001]

Hi

 

 

Thanks for your response.

 

 

To outline the action I have taken so far - I sent a letter of complaint for why the penalty determination was not valid and in response to this they failed to provide a POPLA code and instead sent me the letter as attached in my previous post. In response to that letter I asked for the POPLA code, but again they have failed to provide a POPLA code and have now sent a letter from a debt collection agency to say that they are going to file a claim in the small claims court.

 

 

Please can you advise what I should now do as a next step as a POPLA code has never been provided?

[DragonFly1967]

JHH001

 

Did you copy that letter to POPLA and the BPA as well, or just send it to ANPR?

 

 

As for what to do next, if you sent the letter to POPLA and the BPA as well, sit back and put your feet up and wait and see what ANPR do next. You'll probably get a couple more (increasingly threatening) letters from their pet "debt collection agency" (which is more than likely based at the next desk and staffed by the tea boy), and then they'll either drop it and not bother writing to you again as they much prefer to go after easier targets that will roll over and pay up, or they'll issue you with a Letter Before Action which you MUST respond to or run the risk of getting a default judgement against you.

 

Don't confuse letters from a DCA (who are powerless and can do nothing but issue meaningless threat-o-grammes (without a court judgement)) and an LBA which carries real weight behind it.

[ericsbrother]

as they are getting debt collectors to send you threatening letters (read it carefully and you will see that it doesnt say they are going to take you to court) then they have essentially given up in claiming that the debt exists but are relying on fear to get you to pay.

They havent followed procedures so taking you to court will result in them risking a claim or counterclaim of vex, which will limit what they can do regarding other people so they arent going to risk it.

Ignore any DCA letter but file them for a while in case ANPR are dumb enough to try their luck. They have in the past and been forced to withdraw the claims.

[JHH001]

Hi

 

 

I didn't send copies of the letter to BPA and POPLA, I sent them only to ANPR. Do you think I should write to the BPA and POPLA explaining what has happened so far?

 

 

Also, the letter I have received from the DCA says that ANPR Ltd has instructed the firm to file the case to Northampton County Court. They have drafted court papers using the small claims form and have attached them with the letter, which in their words have been 'designed not to intimidate' but to give me the 'opportunity to check the content and ensure all details are correct'. Then they go on to say that they will submit the case to court in 14 days time.

 

 

I'm getting quite nervous now. I know that they haven't complied with any of BPA's rules, so how can I get them to stop correspondence?