ANPR ltd OUTSTANDING PARKING NOTICE?????

[Phil16]

Hi Everyone,

 

I am in need of some advice.

 

My mum received a letter from ANPR Titled Outstanding Parking Notice. Basically an invoice stating that

1 the early bird discount of 50% had expired

2 Parking charge notice cost £100

3 DVLA contact £40

4 county court summons £70

5 Judgment enforcement officers cost £135 per visit

 

but if she pays now it will cost £100.

 

The thing is this is the first she has heard anything about it. she has had no PCN on her car or through the post, no reminders, no notice to keeper. NOTHING

 

The letter is dated the 6/1/2015 and the date in question is the 13/11/2014. i have been researching all night and to my understanding they should have obtained the keepers info from the DVLA ASAP and contacted her within 14 days of that date. which they didn't as she didn't get anything, but how can she prove this?

 

the letter states that the vehicle "was parked in direct contravention to this companies wishes, therefore we have on the 13/11/2014 at 13:08:00 in the area (Shopping Centre) issued a Parking Charge Notice for damages incurred whilst the driver trespassed on land under our control. the incident was photographed" and some other verbal diarrhoea

 

Does any one know if the letter she has received got time limits on as all the other stuff e.g. PCN and Notice to keeper has not been received so i don't no were to go from here or what to put in an Appeals letter.

 

I should note that when she received this letter she phone the number (Without speaking to me 1st as i would have told her not to) and they said she owes £100 and they have photo evidence of her disabled badge and clock reading 14:00 when it was only 13:08 which is why they are charging her which is utter [naughty word] as she always checks to make sure.

 

SO SORRY for the long essay.

 

Please help.

 

Thanks: )

[scousepie]

Out of interest is there a date or frank on the envelope ?

[Phil16]

A date 06-01-15 and the price of postage £0.35

[armadillo71]

Never phone a PPC.

 

This is clever Trevor and ANPR Ltd so no real worry about it going anywhere.

 

This must have been a NTD(windscreen ticket) if they have a photograph of blue badge?

 

Did she admit to being the driver in the phone call?

[Phil16]

no she never said anything just asked what the letter was. she didn't get anything on the car or through post till now.

[Phil16]

whats the best thing for us to do?

[f16]

whats the best thing for us to do?

 

Relax there is plenty of time. ..... No rush. ....

 

At the moment wait for more advice.

 

Can you get photos of the signage in the car park and post it up on here ?

There must be a sign at the entrance for you to have entered into any "contract"

 

The PPC often get the wording wrong on the signs.

[Dublindel]

Damages. .. DVLA £40, not a hope in he'll of a claim for that.

 

Judgement enforcement officers..... did you receive a letter or a comic. I would let it ride for now

[ericsbrother]

ANPR hate losing at POPLA so they have developed a wheeze where they photograph the car with a windscreen ticket then do nothing until it is too late to appeal and then claim they have sent out the relevant paperwork in time. Obviously you cant prve a negative so they think they have got you. There are at least 3 other postings about this behaviour.

Your only recourse is to complain to the landowner about the abuse of powers and copy the complaint to the BPA and your MP. You will hopefully get a mealy mouthed response from ANPR but if the best action will come from multiple complaints to the landlord who will probably cancel their contract.

[Phil16]

does anyone have any appeal templates that might suit the what has happened. want to nip this in the bud as my mum is a bit of a worrier.

 

will get photos of signs over the next couple of days,

 

Thanks

[honeybee13]

does anyone have any appeal templates that might suit the what has happened. want to nip this in the bud as my mum is a bit of a worrier.

 

will get photos of signs over the next couple of days,

 

Thanks

 

Hello there.

 

We don't have templates for this as each case is slightly different. I know it's tempting to try and nip this in the bud, but you're dealing with people who don't necessarily think like the rest of us. You've seen that ringing them hasn't helped, but at least it didn't make it worse.

 

As f16 said, you have time. Please wait for the forum guys, who have day jobs, and they will talk you through the next step when they get here.

 

If you want to show your Mum it isn't worth worrying, show her some of the threads on the forum with umpteen people paying nothing to PPCs.

 

HB

[Phil16]

ok thanks very much.

[f16]

So the "offence date" was the 13 Nov

The date of NTK was the 6 Jan

 

I make that 54 days.

 

Can you remember what date the letter arrived ?

[ericsbrother]

ANPR demand has to be issued within 14 days so well out of time. It is the fake ticket on screen that is the problem, a massive whine at the store concerned along with a statment that you were told by a witness about the placing and removal of something on the windscreen whilst it was photographed will give them cause for concern.

The description of why money is owed is laughable so that wont go near a court.

[armadillo71]

Claiming that the Blue bagde/clock was observed means that a NTD must have been (supposedly) issued.

 

The driver has 28 days to respond/not respond to this before the PPC can access the DVLA to get RK details, and send a NTK, that must be received by the keeper between 29-56 days of the event.

 

This is a wholly unethical industry, and as ericsbrother has stated, many PPCs do not follow the correct procedure.

 

They do this to prevent the victim from appealing through the independent appeals service POPLA.

At POPLA a correctly worded appeal, based on the law, sees the charge cancelled.

 

Does the letter received refer to another letter (NTK) being sent?

 

This will go nowhere ultimately if ignored, but I'll draft something to send later if you want.

[Phil16]

she received the invoice titled 'Outstanding Parking Notice on the 8/1/15.

 

there is no reference to the NTK, it just states

 

' Having chose to ignore/waiver/forfeit your early settlement offer of 50% discount it has left the company with reasonable cause to seek your details from the DVLA'

 

the outstanding parking notice was the first thing she received.

 

they haven't even sent any photo evidence.

 

i don't no if its best to send a letter or not. what is the worst that can happen if ignored and if i send a letter will i just keep receiving a load of other letters?

 

thanks for your help.

[ericsbrother]

Then they havent even askedfor diver details or said what capacity they are writing in. They are obliged to provide certain details, either on the screen ticket or in the NTK for automated syatems ar where it is not possible to attach screen ticket. that means photographic or other verifiable evidence. They are claiming that blue badge was incorrectly displayed so they should show evidence of this. they wont of course because they want to save this for later where they think that they stand a chance of browbeating you and conning a decision maker.

I would be writing to them saying the driver of the vehicle did not receive a PCN and demand strict proof that the breach occurred by way of photographic evidence and sight of a printout of the metadata for the device used to produce the screen ticket along with the daily calibration report. Say that in the absence of proof of a screen ticket being generated and actually affixed their claim is timed out for keeper liability under the PoFA and this should be considered as an appeal against the issue of the ticket if it can be proved that a notice was served on the driver at the time and under taht condition a POPLA code is requested with the evidence.

[ericsbrother]

If they have done what they have done before and used a generic ticket, photographed and removed so damaging your chances of disproving their claim. Get a strong complaint in to the store manager and say that you have received this, that it was reported to you that the attendant put a ticket on the screen and then removed it after photographing and ask why they are allowing people to go round their car parks committing acts of fraud.

However, the crux of the matter is that it doesnt matter what they do and say, they still wont get a valid claim to beat the fact thay they have not been caused a loss by the driver's actions so the amount claimed is a penalty charge, which is unlawful.

[Phil16]

thanks for your replays i will write a draft a short letter and post it up on here first.

 

thanks again

[Phil16]

what would be the best way to start the appeal letter off. i have a few key points from previous posts that i can put in to it but is there any specific points i should put in.

 

thanks

[armadillo71]

You just need to get the basics in there;

 

As RK this is the first I have heard about this event.

 

As RK I am not liable for this charge.

 

The correct procedure to enable keeper liability under Schedule 4 of the POFA 2012 have not been followed.

 

Please cancel this charge forthwith or alternatively issue me with a valid POPLA code for independent adjudication.

 

14 days is sufficient time for notification of cancellation or POPLA code to be received by myself the RK.

After such time I shall consider the matter closed.

 

No further correspondence will entered into.

 

Sent with proof of postage.

 

Post up what you come up with...

[Phil16]

heres a draft copy of my appeal letter. please let me know if it is ok or anything i could add.

 

thanks

 

Dear ANPR ltd

Re Outstanding Parking Notice ……………

 

Please consider this as an appeal against the Outstanding Parking Notice dated 06/01/2015.

 

As the RK this is the first I have heard about this event.

 

Your outstanding parking notice doesn’t even state in what capacity you are writing in or what the issue was on the date in question and as RK I am not liable for this charge.

 

The vehicle you claim was parked in direct contravention to your companies wishes is registered as a disable vehicle and a valid disabled badge and clock is always displayed correctly which I am told by the cherry tree shopping centre contact line is the correct procedure to allow free parking.

 

No NTD has ever been attached to the vehicle in question, the photographic evidence that you talk of in the outstanding parking notice has never been provided as proof and the correct procedure to enable keeper liability under Schedule 4 of the PoFA 2012 has not been followed.

 

In the absence of proof of a screen ticket being generated and actually affixed to the vehicle your claim is timed out for keeper liability under PoFA 2012.

 

I would also like to add that issuing a ticket and then removing it after taking a photograph would be classed as committing an act of fraud in court.

 

It would also be interesting to see a printout of the metadata for the device used to produce the screen ticket along with the daily calibration report and your contract with the landowner to support your claim that you pay damages to the landowner as well as evidence of the payment on this occasion to the landowner.

 

On a final note you have not been caused a loss by the driver's actions so the amount you are demanding is a penalty charge, which is unlawful.

 

Please cancel this charge forthwith or alternatively issue me with a valid POPLA code for independent adjudication.

 

14 days is sufficient time for notification of cancellation or POPLA code to be received by myself the RK. After such time I shall consider the matter closed.

[armadillo71]

Add that it has been sent with proof of postage, and I would actually write registered keeper rather than RK.

[Phil16]

can the appeal letter be emailed as on the letter is says to appeal using the address on the PCN but we don't have it as my mum didn't get one or is it better to post.it does have this address on

 

ANPRLtd PO BOX One, Preston, PR2 0NF

 

should i send it to that

 

Thanks

[ericsbrother]

A PO box isnt a serviceable address so that is something else they have got wrong. However, I would post it to that address and get a proof of posting slip from the post office (free)