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Bloke199

ANPR PC Parking Charge received while on Holiday

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Hi all,

 

I went to a client today who has received a PCN from ANPR PC while they were on holiday for 6 weeks.

 

The particulars are as follows:

 

Parking 'controversy' occurred on 05/12/2015, in Wickes car park, the vehicle broke down and wouldn't start.

 

NTK sent 18/12/2015 asking for driver details and £100 charge to be paid (my client had already left to go on a 6 week holiday by then), if she was the driver of the vehicle.

 

Final notice was also sent and received by my client who was still on holiday when this was delivered (No date on this, only original details of parking charge, and date of original NTK)

 

She yesterday received a letter from DRP (Debt Recovery Plus Ltd) dated 02/02/2015 demanding £149.

 

Any help as to where she can go from here is greatly appreciated, I understand that if the NTK is received after so many days asking for information, under POFA, this doesn't have to be given, but I may be wrong.

 

Cheers all,

 

Bloke199

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Ignore DRP they are are a powerless debt collector, seems like the NTK was received in time. Who is the PPC?

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Hi Homer67,

 

The PCC is ANPR PC Ltd (Automatic Number Plate Recognition Parking Control)

 

Cheers,

 

Bloke199

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Is the letter dated the 18/12 or was that the date it arrived in the post? Does the signage for the company offer a discount period because they cant say it has expired beofre they send out a demand for payment and anyway is usually 28 days. Will be difficult for parking co to enforce as they are obliged to abide by CoP that makes this clear.

Breaking down is not a breach of parking conditions so the end result will be the parking co cant win.

Note that DRP ask for more money than the oroginal amount. As yourself why this is and you will see that the entire parking game is bent.

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Hi Ericsbrother,

 

My Client doesn't know when it arrived as she was on holiday by then, but the parking charge notice issue date was 18/12/2015.

 

The notice doesn't state a discount, just a flat £100 fee.

 

The first paragraph as it is typed in the notice is below, I have copied this word for word, the poor grammar towards the end is actually on the notice:

 

IF YOU WERE THE DRIVER OF THE VEHICLE at the time of the alleged offence, you are hereby required to pay the sum of £100.00 within 28 days from the date of this notice. IF YOU WERE NOT THE DRIVER at the time of the alleged offence, you are required to give us any information in your power which may lead to the driver's identification. IF YOU WERE NOT THE DRIVER of the vehicle at the time of the alleged contravention, you should invite the keeper (i) to pay the unpaid charges; or (ii) if the keeper was not the driver of the vehicle, to notify the us and the creditor of the driver and a currant address for service for the driver and to pass the notice on to the driver. Photographic evidence is shown below:

 

Having just entered the PCN No. into ANPR PC Ltd website, the charge has increased now to £150, which is £1 more than DCA wanted !!! I have already advised my client to ignore the 'threatening' letter from DRP, as they have no powers to enforce anything.

 

Any further advice will be greatly appreciated.

 

Cheers,

 

Bloke199

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we need to know what the sign says as this demand may be already faulty. Again, the date they put on the letter i not that important as some parking companies will put the 1st of the month on a letter and not post it out until the14th and them claim it was served in time so it is when it arrived that is critical as they only had a very small window to actually get this letter out within the specified time and that would be 2 days as they had used their notice time up and would have to rely on the service time being correct. The envelope with the postmark would make or break their claim, postmark of the 19th and they are dead.

They cannot increase the charge as it is a contractuall sum so you either owe it or you dont. If you bought a cup of coffeee in a cafe and it costs £2 you would be outraged if by the time you stood up to leave you were asked for £3 for drinking it slower than an unspecified time and the same applies here.

The law is one of consumer contracts and that doesnt change just because they wish it but they do make an awful lot of money because people dont understand and think that they are like the local council and can levy costs.

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What to do? Well, nothing for the moment and ignore the dca's completely. If another letter arrives from ANPR then she should write a simple letter stating that the original NTK arrived after the prescribed time and anyway fails the requirements of a NTK under para 9 of the POFA so no keeper liability and in any case vehicle had broken down so no breach of contract occurred. Any further contact by ANPR will result in a complaint of harassment being laid as both a criminal offence and civil tort.

In the meanwhile get down to Wickes and photograph the sign at the entrance and any sign inside the car park if different to the first one. It is likely that they fail to actually form a contract anyway.

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Hi Erics Brother,

 

Many thanks for taking the time to respond in this thread.

 

Unfortunately, due to the huge amount of mail and leaflets that were received during the six weeks, I'm afraid the envelope was shredded along with a load of takeaway menus, catalogues, etc.

 

I will advise her to sit tight, then if she does hear anymore from ANPR PC, then a letter informing of POFA Paragraph 9 will need to be sent.

 

Does anyone know if ANPR PC has taken court action before ??

 

Many thanks again,

 

Bloke199

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It is not a matter fo have they done so in the past but whether they would be willing to lose money by doing so when it has been pointed out in no uncertain terms that they are on to a loser if they try it on. There are plenty of other mugs to fleece if you dont pay up so make them spend their money chasing you and then be firm in your denail of any liability.

Their letter is garbage as far as the requirements of papa 9 goes but it is not necessary to show them where and why as they may just learn from it and make it harder to rubbish them in the future.

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Thanks Erics Brother,

 

We'll hold tight and see what happens, but if the letters get to much, we'll send a POFA 2012 one back to them.

 

Many thanks for the advice given.

 

Cheers,

 

Bloke199

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you do not tell the parking co to send a compliant letter, they have one shot at this and they have got it wrong. You send them a letter telling them to sod off because their letter wasnt compliant. Under no circumstances do you name the driver, if you write you say "the keeper" rather than a named person etc

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Oh yes, we understand that we don't mention the driver, and just state that the NTK was received outside of the time limit under POFA 2012.

 

Many thank again, I'm sure a small donation will be on its way soon.

 

Cheers,

 

Bloke 199

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