ANPR ltd OUTSTANDING PARKING NOTICE?????

[Phil16]

Hi all,

 

thought i would give an up date.

 

I sent the letter thats in previous post to ANPR:

 

 

and they responded with this:

 

Having read your letter and taking into consideration that i personally know the site. I have also talked to the issuer, and seen the photographic evidence, all of which confirms the relevant details of the incident, and weakens any argument you may have considered you had. Please allow me to explain:- a reference number was created by the 'ticketer' and written on the PCN (Parking Charge Notice) which provides our telephone operators with a better understanding of the incident. The first digit '*' refers to the caption on the sign ' Pay and Display Only' which in turn relates to the infringement 'Exceeded Allocated Time'. The next four digits refer to the time of incident (**:**) allowing for any grace periods, whilst the last two letters indicate the operators initials or call sign: **.

 

The Proprietor places a time restriction on the amount of stay permitted. This is because there is a limited amount of DD spaces available or they have had a local offender parking their vehicle all day for free, whilst they go elsewhere taking up limited and valuable spaces.

 

In light of the above, perhaps you will understand why the PNC was issued, and although I really do sympathise, I must stress that we are contracted by the landowner to enforce the terms & conditions that are stated on the signage at the location, and in these circumstances they have been breached. we would hope this letter clarifies the situation and helps you to re-consider your claim, as to progress any appeal now would nullify any discounts that remain and (should you lose) may incur further costs. However, if you still feel that you have a valid case to appeal further, full details of how you can use your Popla code (**********) can be found in the link at the bottom of this letter.

 

Yours sincerely

 

 

 

 

when my mum received the first letter she phoned them and they told her it was because the time was incorrect on her clock and now they are saying she has exceeded the allocated time. the fact that she displayed her disabled badge allowed her to park for free in this car park.

 

they also sent 3 copy and paste pictures of the ticket on the front window of the car. the pictures are very blurry and you can't even make out the numberplate on the car.

 

any advice on what to do next would be great and is it ok for me to put all this information on here?

 

thanks

Edited January 27, 2015 by Phil16

[armadillo71]

Clever Trevor or N Martin both (?) know every site personally...

 

 

You have a POPLA code though, so check when it was generated, and how long left here;

 

 

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

 

 

The POPLA code lasts for 28 days, but I suspect you will only have a few days left...

[armadillo71]

Just realised your mum phoned them again....

NEVER PHONE A PPC.

 

 

[Phil16]

she only phoned that first time. its N martin. 35 days left to appeal to poppa.

[ericsbrother]

No, it is 28 days from the day the code was generated. The company had 35 days to respond to your appeal to them and they did so. Do not confuse the two

[armadillo71]

she only phoned that first time. its N martin. 35 days left to appeal to poppa.

 

Sorry, misread another phone call!

 

Please check the code you have been given with the link in post#27.

 

As above, it cannot be 35 days...

[Phil16]

sorry hit the 3 instead of the 2. it said 25 days left.

[Phil16]

what should i do next?

 

the pictures they sent me are blurry and in my first letter i told them they it had timed out for keeper liability. they haven't sent me all i asked for in the letter and they haven't suffered any loss as disabled parking is free.

 

is the reply a standard reply from them?

[ericsbrother]

You have just about covered it in the appeal letter to ANPR.

you can repeat that but make sure that you start off with them being timed out for keeper liability under para 9 the PoFA as there was no notice affixed to the vehicle at the time and you have read of numerous complaints about operatives of ANPR attaching tickets to vehicles and then removing them after photographing to ensure that the time allowed for the driver to respond expires, so bypassing the discount period and part of the provisions of Para 8 of the PoFA.

Then say that you do not believe that there is a contract between the parking company and the landlord that allows ANPR to make legal claims in their own name and demand sight of such contract if it exists. Also demand to see the planning permission for the signage under the advertising display hoardings regs (most parking co's rely on the store's planning consent but it applies to each and every sign so often they are stuffed as an illegal sign means that the contract is repudiated as unconscionable.

Then you can say the other bits but make sure that you make the point of it being a free car park so that the action of the driver has not caused a loss to ANPR so the claim for damages arising from that breach is not a schedule of loss nor a genuine pre-estimate of loss.

POPLA will only find for you on one point but if they disallow your appeal withour considering all of the points you get to go at them again.

[Phil16]

Hi all.

 

Just wondering if you could scan over this. i just want to make sure its ok for a popla appeal letter.

 

i noticed they have changed the genuine pre estimate of loss to proportionate and commercially justifiable. is this correct?

 

anything else that i could put please let me know.

 

thanks for your help.

 

 

Dear Sir/Madam

 

Re: Outstanding Parking Notice: ********, Vehicle registration: *******

 

I am the registered keeper of the above vehicle and have received the above demand from ANPR

LTD.

 

My appeal to ANPR LTD was rejected and they gave me POPLA code: **************

 

Date of PCN: PCN NOT RECEIVED

 

POPLA APPEAL: *******************vs ANPR Ltd

 

As the registered keeper of the above vehicle, the OUTSTANDING PARKING NOTICE invoice is the first I heard of the event at ********************* Shopping Centre and I contend that I am not liable for the above parking charge. I wish to appeal against the OUTSTANDING PARKING NOTICE *********** on the following grounds;

 

1. NO CLEAR INFORMATION REGARDING THE ISSUE ON THE DATE IN QUESTION.

2. DISABLED VEHICLE WITH A VALID DISABLED BADGE AND CLOCK DISPLAYED - FREE PARKING

3. BREACH OF DISABILITY LAW AND EQUALITY ACT 2010

4. NO NOTICE TO DRIVER OR NOTICE TO KEEPER RECEIVED

5. NO GENUINE PRE-ESTIMATE OF LOSS / NOT PROPORTIONATE AND COMMERCIALLY JUSTIFIABLE

6. CONTRACT WITH THE LANDOWNER

7. PLANNING PERMISSION FOR CAR PARK SIGNAGE

8. INADEQUATE SIGNAGE

9. METADATA and CALIBRATION REPORT

 

1. NO CLEAR INFORMATION REGARDING THE ISSUE ON THE DATE IN QUESTION.

 

The outstanding parking notice and the ANPR appeal rejection letter do not clearly state in what capacity ANPR are writing in or what the issue was on the date in question and as the registered keeper I am not liable for this charge.

 

2. DISABLED VEHICLE WITH A VALID DISABLED BADGE AND CLOCK DISPLAYED - FREE PARKING

 

The vehicle ANPR 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 as shown by this sign at the Car Park ENTRANCE.

 

 

 

 

 

 

 

Pic of Disabled free parking sign

 

 

 

 

 

3. EQUALITY ACT 2010 - BREACH OF DISABILITY LAW OCCURRED AS SOON AS THE OPERATOR KNEW ABOUT THE DISABILITY

As the registered keeper i feel that ANPR Ltd are in breach of the Equality Act 2010 due to the Registered keeper and Drivers of this REGISTERED DISABLED VEHICLE being DISABLED which by the sign displayed at the car park clear allows them to park free of charge.

They have also shown that they are following the incorrect procedure as stated in the British Parking Association Code Of Practice as shown below.

“16.5 If your landowner provides a concession that allows parking for disabled people, if a vehicle displays a valid Blue Badge you must not issue it with parking charge notices.”

4. NO NOTICE TO DRIVER OR NOTICE TO KEEPER EVER RECEIVED

 

No Notice To Driver has never been attached to the vehicle in question, the photographic evidence that ANPR talk of in the outstanding parking notice was not provided until after I requested it in my appeal letter and the 3 x blurry pictures they have provided which you cant even make out the Number plate or any information on the ticket can not be classed as proof. I will state that the 3 x blurry picture provided do show a disabled blue badge on display on the dashboard of the vehicle in the picture and due to the lack of following the correct procedure set out by the BPA Codes Of Practice the OUTSTANDING PARKING NOTICE INVOICE is timed out for keeper liability under PoFA 2012 and ANPR have fail to follow the requirements set down in the Protection of Freedoms Act to enable Keeper Liability making this invoice unenforceable.

 

The alleged parking incident was on **/**/**** and the notice to keeper has not been received therefore this is outside the POFA 2012 requirements for service of the notice to keeper (14 days) and therefore keeper liability does not apply.

 

The correct procedure to enable keeper liability under Schedule 4 of the PoFA 2012 has not been followed and is therefore not satisfactory to enable keeper liability under para 9 the PoFA as there was no notice affixed to the vehicle at the time and no NOTICE TO KEEPER has ever been received and I as the registered keeper have read of numerous complaints about operatives of ANPR attaching tickets to vehicles and then removing them after photographing to ensure that the time allowed for the driver to respond expires, so bypassing the discount period and part of the provisions of Para 8 of the PoFA. 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 ans ANPR Ltd are well known for doing this

 

5. NO GENUINE PRE-ESTIMATE OF LOSS / NOT PROPORTIONATE AND COMMERCIALLY JUSTIFIABLE

 

The driver has not caused a loss to ANPR as Blue badge holders at the ***************shopping centre are allowed free parking for 3 hours as clearly stated by the sign at the entrance off the car park so a claim for damages for trespass on land under ANPRs control is non-existent as the driver was entitled to FREE PARKING for 3 hour which was NOT exceeded therefore NO LOSS to the landowner or ANPR and the invoice demanding payment is nothing more than a penalty charge, which is unlawful.

 

As stated in the BPA Codes Of Practice I would like ANPR to demonstrate that the penalty demanded in a genuine pre-estimate of loss / Proportionate and commercially justifiable.

 

6. CONTRACT WITH THE LANDOWNER - NOT COMPLIANT WITH THE BPA CODE OF PRACTICE AND NO LEGAL STATUS TO OFFER PARKING OR ENFORCE TICKETS

 

I as the Registered Keeper do not believe that there is a contract between the parking company ANPR Ltd and the landlord that allows ANPR to make legal claims in their own name and I demand sight of such contract if it exists.

ANPR do not own this car park and are acting merely as agents for the owner/occupier. In the Outstanding Parking Notice and in the rejection letter, ANPR has not provided me with any evidence that they are lawfully entitled to demand money from the driver or Registered Keepers, since they do not own nor have any interest or assignment of title of the land in question. I do not believe that the Operator has the necessary legal capacity to enter into a contract with a driver or Registered Keeper of a vehicle parking in the car park, or indeed to allege a breach of contract (as evidenced in the Higher Court findings in VCS v HMRC 2012).

 

I would require POPLA to check whether ANPR have provided a full copy of the actual contemporaneous, signed & dated site agreement/contract with the landowner/occupier (not just a signed slip of paper saying it exists) and check that it specifically enables this Operator to pursue parking charges in the courts or issue ticket on the car park in question, and whether that contract is compliant with the requirements set out in the BPA Code of Practice.

 

7. PLANNING PERMISSION

 

Also I wish to see the planning permission for the signage under the advertising display boarding regs as I do not believe ANPR to have the correct permissions in place for each of their signs and illegal sign means that the contract is repudiated as unconscionable.

 

8. INADEQUATE SIGNAGE

 

The sign at the entrance to the car park is positioned on a pole on the passenger side of a standard right-hand drive vehicle face into the car park. It is also difficult to view this sign without impeding the flow of traffic and pedestrians behind as you would have to stop and get out of the car to read it and that’s if you noticed it was there. I enclose photograph that demonstrate the entrance signage. The BPA Code of Practice at Appendix B sets out strict requirements for entrance signage, including

 

“The sign should be placed so that it is readable by drivers without their needing to look away from the road ahead” and “There must be enough colour contrast between the text and its background, each of which should be a single solid colour. The best way to achieve this is to have black text on a white background, or white text on a black background”.

 

 

pic of ANPR sign

 

Signage face away from the road and not visible to drivers.

 

 

9. METADATA and CALIBRATION REPORT

 

I would also like to see and for Popla to view a printout of the METADATA for the device used to produce the screen ticket along with the DAILY CALIBRATION REPORT.

 

On consideration the above I request that my appeal is upheld and the charge dismissed

 

Yours Faithfully

 

 

 

 

i am going to send copies of the letters and picture evidence they sent me is that ok?

[ericsbrother]

That will do, they will probably save a tree by not offering any evidence and you will win by default. This is good for you but we like to see the reasoning behind the decisions at POPLA so we can tell if they are consistent. The IAS is dreadful, complete whitewash and no comprehansion of english, let alone law.

[Phil16]

can you send it to popla via email?

[armadillo71]

can you send it to popla via email?

 

Upload the start of your appeal down to the end of the bullet point headings into the box, then add ' full appeal in the attachment.'

Then you can add the full appeal as an attachment.

The site has a character limit so an attachment ensures the full appeal is received.

[ericsbrother]

If you post it get a proof of posting receipt free from the post office. That is why I use snail mail.

[Phil16]

do i need to send anything specific to popla or is it just the letters and pics i got from ANPR?

 

going to send a copy of the disabled badge aswel.

[armadillo71]

do i need to send anything specific to popla or is it just the letters and pics i got from ANPR?

That will do, with the free disabled parking sign picture

going to send a copy of the disabled badge aswel.

 

Your appeal text will be enough really anyway, as when ANPR see it, I suspect no evidence will be offered to POPLA.

[Phil16]

ok thank very much for all your help.will let you all know what happens

[Nev Met]

BPA CoP V5 (google BPA Ltd Code of Practice click on Version 5) and go to page 9 - last paragraph on the page is 16.5 which states:-

 

"16.5 If your landowner provides a concession that allows

parking for disabled people, if a vehicle displays a valid

Blue Badge you must not issue it with parking charge

notices."

 

Was the BB 'valid' ? (irrespective of whether she put the wrong time up or not)

 

If it was valid, throw this paragraph as an addition into the POPLA mix - it shouldn't have been given a ticket, no ifs no buts.

[Phil16]

BPA CoP V5 (google BPA Ltd Code of Practice click on Version 5) and go to page 9 - last paragraph on the page is 16.5 which states:-

 

"16.5 If your landowner provides a concession that allows

parking for disabled people, if a vehicle displays a valid

Blue Badge you must not issue it with parking charge

notices."

 

Was the BB 'valid' ? (irrespective of whether she put the wrong time up or not)

 

If it was valid, throw this paragraph as an addition into the POPLA mix - it shouldn't have been given a ticket, no ifs no buts.

 

 

 

yer i added that one in in big bold letters along with a few other ones.

 

thanks for the advice. just waiting for a reply now

[armadillo71]

You have had confirmation that your appeal has been received by POPLA?

And the date, on or around, when it will be heard?

[Phil16]

You have had confirmation that your appeal has been received by POPLA?

And the date, on or around, when it will be heard?

 

yes so just have to wait now

[Phil16]

Hi,

 

just though i would give a quick update. we have just received what i think is ANPRs evidence for POPLA e.g. Contract with land owner which very very faint and dated 2005 and things have been crossed out and hand written. also got more pictures which have no date/ time on and a copy of the PCN.

 

got to wait till the 15th now. hopefully POPLA see that this company is in the wrong.

 

what will happen if they side with ANPR?

 

thanks

[armadillo71]

Hi,

 

just though i would give a quick update. we have just received what i think is ANPRs evidence for POPLA e.g. Contract with land owner which very very faint and dated 2005 and things have been crossed out and hand written. also got more pictures which have no date/ time on and a copy of the PCN.

 

got to wait till the 15th now. hopefully POPLA see that this company is in the wrong.

 

what will happen if they side with ANPR?

thanks

 

 

What ever POPLA determine, it is only binding on the PPC.

 

 

The motorist/RK can ignore the POPLA decision if they wish...

 

 

The PPC or landowner would have to start court proceedings for you to respond.

[DragonFly1967]

Any chance that you could post a copy of the "Contract"... I could do with a laugh

[Dublindel]

2005!!!! That's a very long contract. Best ask for the newest one not the one written on papyrus.