ANPR Ltd invoice letter - help!

Halva

Hi,

Just after some reassurance from people who've gone through this. I payed for what I thought was an "all day" parking ticket in a town centre car park in February. Was in a hurry so didn't realise that I would need to pay more if I wanted to stay past 7pm. I didn't make it back in time and got a parking charge notice for £50 at 7.20pm.

I decided to ignore it and got an invoice today for "damages incurred whilst the driver trespassed on land under our control" - £100, saying that it will go up to £140 if I don't pay within the 42 days laid down by the BPA.

They've added that should I fail to act, they will sell the debt to a 3rd party.

The company is ANPR Ltd.

Have done some reading and would like some advice - should I go through POPLA now and appeal? Or continue to ignore?

nigelbb

What was the exact date of the "offence"? Under the POFA 2012 to rely on the provision to chase the Registered Keeper they must send you the Notice To Keeper not less than 28 days & no more than 56 days after the date of the "offence". If they are out of time on that point they cannot then pursue the RK but only the driver who they do not know unless you tell them.

Halva

The exact date of the "offence" was 12/02/13.

Edit: just done the maths - that means they are past the 56 days.

nigelbb

Halva wrote: »

The exact date of the "offence" was 12/02/13.

Edit: just done the maths - that means they are past the 56 days.

Indeed they are so you can knock this on the head by writing a 'challenge' without mentioning who the driver was & tell them that as they have not followed the criteria detailed in the the Protection Of Freedoms Act that they cannot hold the registered keeper liable for unpaid parking charges. If they don't agree to cancel the charge then they need to send you a POLA code so that you can take the case to the "independent" appeals body who will rule that they cannot ignore the law & uphold your appeal.

4 (1) The creditor has the right to recover any unpaid
parking charges from the keeper of the vehicle.
(2) The right under this paragraph applies only if: (a) the conditions specified in paragraphs 5, 6, 11 and 12 (so far as applicable) are met;

6 (1) The second condition is that the creditor (or a person
acting for or on behalf of the creditor):
(a) has given a notice to driver in accordance with paragraph 7, followed by a notice to keeper in
accordance with paragraph 8;

8 (1) A notice which is to be relied on as a notice to keeper for the purposes of paragraph 6(1)(a) is given in accordance with this paragraph if the following requirements are met...

(4) The notice must be given by:
(b) sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period.

(5) The relevant period for the purposes of sub-paragraph
(4) is the period of 28 days following the period of 28 days beginning with the day after that on which the notice to driver was given.

Here is a link to the British Parking Association Code of Practice which helpfully in Appendix C contains the relevant portions of the POFA 2012 http://www.britishparking.co.uk/write/Documents/AOS/BPA_CodeofPractice_2012_v2_March2013.pdf

Halva

Thanks, that's very useful information!

I'm curious though - do they not have any recourse to try and force the RK to tell them who the driver was at the time?

nigelbb

The RK is under no obligation to name the driver even if they do get the NTK right. According to the POFA the NTK should invite the RK to either pay the charge or provide name & address of the driver but there is no sanction if the RK does neither unlike e.g. a speeding ticket.

Halva

Thanks that's helpful, Nigel. I think I understand the paragraphs of the act enough to write a challenge now.

nigelbb

Here is a more easily digestible version of exactly what hoops a PPC must jump through in order to hold the registered keeper liable for unpaid parking charges http://www.parkingcowboys.co.uk/keeper-liability/

Even if the RK is liable for the unpaid parking charge that still ignores the issue of whether the PPC can pursue anyone for the charge which in most cases is clearly an unenforceable penalty for breach of contract or damages for trespass (where only the landowner may seek damages). The only loss suffered in your case was the price of the parking ticket that you should have bought to cover you for the extra 20 minutes that you overstayed.