ANPR sent 'copy' of proposed claimform - Daughter - Help Needed **Won at POPLA**

[keeno65]

Ok, I have received 2 letters back, one a final demand and the other the rejection of the appeal (attached) they have included a Popla code which is .

An earlier post says there is a date in here somewhere and to make sure I have 28 days left to appeal, I can't suss the date out from this code.

 

I presume my next step is to write to POPLA with my appeal, can you point me in the right direction as to what to write please.

 

Thanks

Edited September 5, 2014 by keeno65

[DragonFly1967]

keeno65.

 

Please edit your post to remove your POPLA code. Also remove it from your attachment if it's shown in there too.

 

 

However, as it's there for the moment, I've checked it for you. Its a genuine POPLA code, and was issued on 2nd September by ANPR Ltd. You have 26 days remaining to file your appeal to POPLA.

[DragonFly1967]

To help you to understand the POPLA code, although there are online "checkers" for these provided by a few, Parking Prankster for one. It breaks down as follows.

 

The first 3 digits, in ANPR's case, 041. Are the operator code that POPLA use to identify the operator of the car park, and the charge issuer.

The next 3 digits is the day of the year that it was issued. For instance, if the code was generated on 2nd January, that would be 002. If if was generated on 1st Feb it would be 032 and so on.

The 7th digit refers to the year it was issued. For last year, that would be a 3. For this year, a 4 and for next a 5 etc.

The final 3 digits are the number of POPLA codes that have been generated that day, including the one that's been generated for you.

[keeno65]

Ok thanks for the heads up on the code, and I have removed them now from post.

 

Now how do I go about appealing to POPLA ?

[ericsbrother]

Appeal to POPLA

1)You do not believe that ANPR have the authority to make claims for breach of contract in their own name and thus demand sight of the contract beween the landlord of the property concerned (name property) and ANPR that assigns all rights to pursue the appellant and to make civil claims for any alleged breach in their own name.

2) that the prescribed fee for parking was paid and the ticket was visible in the vehicle. This means that there has not been a material breach of the conditions so no cause for claim by ANPR.

3)That no loss has been caused to ANPR as the said ticket shows the prescribed fee for parking was paid (enclose photocopy of parking ticket).

4) That in any case, the demand for £140 is not a claim for loss nor a genuine pre-estimate of loss as this has been determined by the prescribed value of the ticket at £1 and that ANPR's claim is therefore a penalty charge and thus unlawful.

The appellant requests that the matters are considered in the order laid out.

 

You can attach copy of ticket image if using the online submission but I would always send it through the post.

[keeno65]

Guys, is there a template somewhere I can just copy from and adjust it to suit myself?

[ericsbrother]

just write exactly what I laid out for you.

[keeno65]

Ok thanks ericsbrother, could you please just check that this is ok then:

POPLA Reference: xxxxxxxxxx

To whom it may concern:

I am appealing the PCN (Ref xxxxx) I received from ANPR Ltd on the following grounds:

1. I do not believe that ANPR have the authority to make claims for breach of contract in their own name and thus demand sight of the contract between the landlord of the Cherry Tree Shopping Centre, Wallasey and ANPR that assigns all rights to pursue the appellant and to make civil claims for any alleged breach in their own name.

2. The prescribed fee for parking was paid and the ticket was visible in the vehicle. This means that there has not been a material breach of the conditions, so no cause for claim by ANPR.

3. That no loss has been caused to ANPR as the said ticket shows the prescribed fee for parking was paid (copy enclosed)

4. That in any case, the demand for £140 is not a claim for loss nor a genuine pre-estimate of loss as this has been determined by the prescribed value of the ticket at £1 and that ANPR’s claim is therefore a penalty charge and thus unlawful.

The appellant requests that the matters are considered in the order laid out.

Yours Sincerely

Chelsea ……….

[keeno65]

Also ericsbrother you suggest I should send the appeal in by post, however I have just been to the POPLA site and it says if you want to send in by post it must be completed on an appeals form that POPLA don't issue, but are issued by the parking operator.

I did not receive any appeal form from ANPR, does that mean I have to submit it online?

[ericsbrother]

Leave point one as just reading landlord.

No it doesnt. How are you going to submit a photocopy of your ticket otherwise? I wouldnt send it as an attachment as I dont trust the online appeals system. you have the postal address, just send the appeal with a covering letter saying that ANPR ltd have failed to supply the relevant form and therefore want to know where in the provisions of the Act the form is prescribed that prevents other written communication being acceptable as an appeal.

[keeno65]

Hi Guys, I sent the appeal off to POPLA and received an e-mail from them on the 12th September stating they had received it and "Your appeal will be considered on or soon after 17th October 2014".

 

Last week we received a letter from expedion debt recovery saying ANPR have instructed them to file your case and others in the Northampton County Court, blah blah.

It also asks me to give them a call before they submit the case which should be around 14 days time.

Also included is a copy of a claim form all filled in with a total amount of £210.

Also included is a statement from the person who attached the PCN to the car, the last part of it states that he photographed the car, also included is a photograph of a car, however this car is not my daughters car , it has a completely different number plate on it.

 

Do I just ignore all this correspondence and just wait for the outcome of the appeal, or do I need to do something else?

 

Many Thanks

[BRIGADIER2JCS]

Hi Guys, I sent the appeal off to POPLA and received an e-mail from them on the 12th September stating they had received it and "Your appeal will be considered on or soon after 17th October 2014".

 

Last week we received a letter from expedion debt recovery saying ANPR have instructed them to file your case and others in the Northampton County Court, blah blah.

It also asks me to give them a call before they submit the case which should be around 14 days time.

Also included is a copy of a claim form all filled in with a total amount of £210.

Also included is a statement from the person who attached the PCN to the car, the last part of it states that he photographed the car, also included is a photograph of a car, however this car is not my daughters car , it has a completely different number plate on it.

 

Do I just ignore all this correspondence and just wait for the outcome of the appeal, or do I need to do something else?

 

Many Thanks

 

 

Wait for the appeal.

 

 

Does the correct reg number appear any where on the paperwork?

[keeno65]

Yes, everywhere else the correct reg is stated, apart from on the enclosed photograph.

[ericsbrother]

The idiot DCA's have actually committed a couple of criminal offences by doing this so you can report them to Actionfraud, who will pass the matter on to the City of London Police, who will probably do nothing.

The DCA is really just full of hot air so keep the paperwork safe so they can hang their masters by their own words should they be stupid enough to want to go to court over this. It will end in tears if they do and I suspect that they know this but are hoping you will be scared into dropping the POPLA and paying up.

[silverfox1961]

You know, this could be classed as misleading and aggressive practice which is a big no no under the Consumer Protection from Unfair Trading Regulations which were updated from the first of this month.

 

The DCA should not be sending these letters as they are not in a position to start any court action. It is purely designed to instill worry and uncertainty. I would get Trading Standards involved

[dx100uk]

any chance you can scan them up?

 

 

esp the claimform.

 

 

this very very wrong and they can get into very serious trouble for doing this.

 

 

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[keeno65]

Ok I will upload them all in work tomorrow.

I am quite willing to take it further with some guidance.

[keeno65]

Here are the documents.

 

The photograph of the car is the wrong car, and the wrong Reg, but it is in the Cherry Tree car park.

Edited October 14, 2014 by dx100uk
all docs merged to this attachment - dx

[BRIGADIER2JCS]

Here are the documents.

 

The photograph of the car is the wrong car, and the wrong Reg, but it is in the Cherry Tree car park.

 

Also this has been converted from PDF to PowerPoint and back to PDF to enable editing, so when it was converted to PP , it has lost some of the text.

 

 

I would make a complaint to the Chairman named on the documents as the responsible company officer allowing false data to be used in the claim.

 

 

All you have to state is that your daughter is not the driver/owner/registered keeper of the vehicle in the photograph provided, and "invite" him to withdraw the claim.

[silverfox1961]

The fact that they have placed 'copy' at the top of the 'claim form' means nothing. This purely to harass you into thinking they are going to court. They are not even proper court paperwork. I am not sure they even know how to fill in the form as they have placed a yes next to Human rights issues. I was always under the impression that the HRA applies to official bodies, not poxy parking companies.

 

Having checked the Companies House site, Trevor Whitehouse comes up as the director so any complaint should go to him.

I would want to know if he has allowed his pet DCA (who, incidentally, have only been around since February this year) to send fake court documents. At the same time, write to Expedion and demand who allowed them to do the same. I bet you will get two different answers (if at all)

 

I would also make Trading Standards aware of this and a complaint to their tame overseers, the BPA.

 

Below is the code of practice for approved operators

 

http://www.britishparking.co.uk/write/Documents/AOS/BPA_Code_of_Practice_-_February_2014_-_Version_4.pdf

[silverfox1961]

After having a ickle think, I believe this company is in breach of the amended regulation of CPUTr. These new rules came in to force this month.

 

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/343753/bis-14-1430-misleading-and-aggressive-selling-rights-consumer-protection-amendment-regulations-2014-guidance.pdf

[ericsbrother]

Send a copy of the fake form to the Court Manager, Northampton County court

with a covering letter reporting the fake county court claim as an offence under The Administration of justice Act Part V s.40(d)

and using a false instrument to make a pecuniary advantage under the Theft Act and ask him to pas it up to the relevant person.

 

Other than Actionfraud, you could try your local police as a complaint of criminal harassment

and ask them to add that to the other 2 offences to investigate.

 

Your response to these cowboys should be either nothing at all as they are far too dense to understand the significance

or to send a copy of the complaint letter you sent to Northampton CC and your actionfraud crime reference number

and warn them that any further correspondnce will result in a civil claim for harassment regardless of the outcome of any criminal investigation.

 

Please do make these complaints and when you hear nothing at least know that they arent the first

and if enough are received there may be some movement.

[keeno65]

Something I noticed in the "Brief details of claim" it states "the defendant who is the registered keeper of the vehicle at the time of the incident.....has now become responsible for the drivers actions"

My Daughter who is the defendant is not and wasn't the RK but is/was the driver ??

[dx100uk]

docs merged in post 43

[BazzaS]

Something I noticed in the "Brief details of claim" it states "the defendant who is the registered keeper of the vehicle at the time of the incident.....has now become responsible for the drivers actions"

My Daughter who is the defendant is not and wasn't the RK but is/was the driver ??

 

Do they know she was the driver?

(& who is the RK would they defend any such claim, rather than identifying her as the driver?