ANPR parking ticket for trespassing nightmare

hal81

Firstly I want to mention the tricks which ANPR Ltd are practising, I have received the rejection letter dated 1st July 2013 (please see attached letter). I had specifically asked for the details to make an appeal to POPLA along with the code, I advised ANPR Ltd that no further correspondence will be made to them without these details. As you can see from the letter that ANPR Ltd have issued a 10 digit code but they do not confirm if this is the POPLA code and again they are asking me to write to them which I am refusing to do as I made it specifically clear in my last letter that further correspondence will only be made with POPLA.
Furthermore ANPR Ltd have a bad reputation on many forums on the internet, as they have messed around with many other innocent people by letting the POPLA code time out and purposely misguiding.


I received a parking charge notice on 21/06/2013. I parked my car in the college car park behind my house on 20/6/13 as there was no signs displayed anywhere, which I assumed was taken off due to the college summer break. I believe the parking attendant fixed the signs onto the lamp post and then issued me with a parking charge notice, which is not fair. When I confronted the parking attendant regarding the sign not being their at beginning, he said the signs had fallen down to the bottom of the lamp post, he also said he would tell his company (ANPR) about this to help me with an appeal. I require evidence of the signs which had fallen to the bottom of the lamp post. Also see the attached photographs of an area where a sign had been taken off and had not been replaced and also how the signs are poorly secured to using plastic bands. The sign which they put on the lamp post is also positioned incorrectly facing away from the entrance, therefore a driver would have to come into the car park by trespassing in order to read it. please see the attached photograph evidence of the entrance in relation to the sign on the lamp post, it is clear that the sign cannot be read from the entrance.

No Contract was Knowingly Entered and No Losses Have Been Demonstrated:
The car park was empty due to the summer break, there are no other cars parked at the time of the incidence please see photograph evidence

While I was disputing parking charge notice with the parking attendant, he did not give me adequate grace period to leave the car park, an wrongfully issuing the ticket.

I require POPLA to review any CCTV footage from this date and the day before and also ask the attendant in question to provide a statement concerning this incident. I require the operator to provide relevant copies of their attendant training manuals, to prove that their attendants are correctly educated in the requirements of POFA 2012.

I require the operator to provide training records for the attendant in question, to show that the attendant understands the requirements of POFA 2012 in the course of his duties.

I also dispute that the Operator has written authorisation from the landowner to operate on the land in question, issue parking tickets or pursue outstanding charges. I therefore require the Operator to demonstrate that they have sufficient authority to pursue outstanding parking charges, in line with Part 7 of the British Parking Association's Code of Practice.

I therefore require ANPR Limited to supply and POPLA to review:

• A copy of the current signed site agreement or contract with the landowner/occupier of that site
• A copy of the wording of the current imposed permit scheme with proof that the landowner has agreed to/been informed about it.
• A current map of all the areas and bays of that car park where the permit scheme is and is not applicable, as agreed with the landowner/occupier.
• Contemporaneous photos of the actual signs on site taken from the view of the driver of a car at the entrance and in the car park.
• A definitive map of where these signs are in that particular car park


I dispute that the signs at the location were adequately sited at the time of parking the car; that the driver did not see the signs is a strong indication that they were not properly located in line with Part 18 of the British Parking Association's Code of Practice. I therefore dispute that the terms and conditions of parking were clearly and fully drawn to the driver's attention and require the Operator to demonstrate that the signage at the site was in accordance with the Code of Practice at the material time


As the Operator is pursuing this matter using the provisions within Schedule 4 of the Protection of Freedoms Act 2012, I also require the Operator to demonstrate that the signs give 'adequate notice' in line with Para 2(3)(b)(i) and Para 2(3)(b)(ii) of Schedule 4 of the Act.


I dispute that the sum requested from the Operator represents a genuine pre-estimate of the loss suffered by the Operator or the landowner that could have resulted from the driver's conduct on the site or any alleged breach of contract by the driver or any alleged trespass by the driver. I challenge the Operator to demonstrate that the sum requested is in fact a genuine pre-estimate of their losses on the occasion in question.


In conclusion I would like you to uphold this appeal based on the points I have raised above and the evidence I have presented.

I respectfully ask POPLA to direct ANPR Limted to cancel this ticket.

Stroma

You are advised to post this on https://www.pepipoo.com as well, they can run through your popla appeal

hal81

Popla have replied and said they have sent my appeal across to ANPR for the evidence which I have requested. They mentioned that it will be around October 2013 when the appeal will come to a conclusion.

Also I have notice yesterday that the sign on the lamp post have been moved so it facing to an angle toward the entrance of the car park. Can apnr take a picture of this an use it to against me as I complained in my appeal that signs were not facing the entrance.


Also I want to mention that the car park is surrounded by bollards ...the original entrance has been blocked by extra concert bollards, they had been blocked by the previous Owner due to selling the property, it was only within the last couple of years that the property has been bought by the new owners, however the concert bollards have not been removed from the main entrance. Instead The entrance to the car park is from another area of the car park from a gap between two bollards which is not an official entrance and has no signs there to say it is an entrance. If I park my car in front of this so called entrance can I get done or is it illegal? The property owners should open the original entrance once they had purchased the property.
.

kirkbyinfurnesslad_2

Hal81,did u mention about not being a true loss etc

hal81

kirkbyinfurnesslad wrote: »

Hal81,did u mention about not being a true loss etc

I sent the following to popla, Im not sure if I've mentioned about the true loss, I sent this appeal on 28th july. Am i still allowed to send more information to help with my appeal or is too late.?

"Firstly I want to mention the tricks which ANPR Ltd are practising, I have received the rejection letter dated 1st July 2013 (please see attached letter). I had specifically asked for the details to make an appeal to POPLA along with the code, I advised ANPR Ltd that no further correspondence will be made to them without these details. As you can see from the letter that ANPR Ltd have issued a 10 digit code but they do not confirm if this is the POPLA code and again they are asking me to write to them which I am refusing to do as I made it specifically clear in my last letter that further correspondence will only be made with POPLA.
Furthermore ANPR Ltd have a bad reputation on many forums on the internet, as they have messed around with many other innocent people by letting the POPLA code time out and purposely misguiding.

I received a parking charge notice on 21/06/2013. I parked my car in a halls of residence car park behind my house on 20/6/13 as there was no signs displayed anywhere, which I assumed was taken off due to the college summer break. I believe the parking attendant fixed the signs onto the lamp post and then issued me with a parking charge notice, which is not fair. When I confronted the parking attendant regarding the sign not being their at beginning, he said the signs had fallen down to the bottom of the lamp post, he also said he would tell his company (ANPR) about this to help me with an appeal. I require evidence of the signs which had fallen to the bottom of the lamp post. Also see the attached photographs of an area where a sign had been taken off and had not been replaced and also how the signs are poorly secured to using plastic bands. The sign which they put on the lamp post is also positioned incorrectly facing away from the entrance, therefore a driver would have to come into the car park by trespassing in order to read it. please see the attached photograph evidence of the entrance in relation to the sign on the lamp post, it is clear that the sign cannot be read from the entrance.
No Contract was Knowingly Entered and No Losses Have Been Demonstrated:
The car park was empty due to the summer break, there are no other cars parked at the time of the incidence please see photograph evidence
While I was disputing parking charge notice with the parking attendant, he did not give me adequate grace period to leave the car park, an wrongfully issuing the ticket.
I require POPLA to review any CCTV footage from this date and the day before and also ask the attendant in question to provide a statement concerning this incident. I require the operator to provide relevant copies of their attendant training manuals, to prove that their attendants are correctly educated in the requirements of POFA 2012.
I require the operator to provide training records for the attendant in question, to show that the attendant understands the requirements of POFA 2012 in the course of his duties.
I also dispute that the Operator has written authorisation from the landowner to operate on the land in question, issue parking tickets or pursue outstanding charges. I therefore require the Operator to demonstrate that they have sufficient authority to pursue outstanding parking charges, in line with Part 7 of the British Parking Association's Code of Practice.

I therefore require ANPR Limited to supply and POPLA to review:
• A copy of the current signed site agreement or contract with the landowner/occupier of that site
• A copy of the wording of the current imposed permit scheme with proof that the landowner has agreed to/been informed about it.
• A current map of all the areas and bays of that car park where the permit scheme is and is not applicable, as agreed with the landowner/occupier.
• Contemporaneous photos of the actual signs on site taken from the view of the driver of a car at the entrance and in the car park.
• A definitive map of where these signs are in that particular car park

I dispute that the signs at the location were adequately sited at the time of parking the car; that the driver did not see the signs is a strong indication that they were not properly located in line with Part 18 of the British Parking Association's Code of Practice. I therefore dispute that the terms and conditions of parking were clearly and fully drawn to the driver's attention and require the Operator to demonstrate that the signage at the site was in accordance with the Code of Practice at the material time and on 20/6/13

As the Operator is pursuing this matter using the provisions within Schedule 4 of the Protection of Freedoms Act 2012, I also require the Operator to demonstrate that the signs give 'adequate notice' in line with Para 2(3)(b)(i) and Para 2(3)(b)(ii) of Schedule 4 of the Act.

I dispute that the sum requested from the Operator represents a genuine pre-estimate of the loss suffered by the Operator or the landowner that could have resulted from the driver's conduct on the site or any alleged breach of contract by the driver or any alleged trespass by the driver. I challenge the Operator to demonstrate that the sum requested is in fact a genuine pre-estimate of their losses on the occasion in question.

In conclusion I would like you to uphold this appeal based on the points I have raised above and the evidence I have presented.
I respectfully ask POPLA to direct ANPR Limted to cancel this ticket."

kirkbyinfurnesslad_2

Tht should be just fine

Guys_Dad

I dispute that the sum requested from the Operator represents a genuine pre-estimate of the loss suffered by the Operator or the landowner that could have resulted from the driver's conduct on the site or any alleged breach of contract by the driver or any alleged trespass by the driver. I challenge the Operator to demonstrate that the sum requested is in fact a genuine pre-estimate of their losses on the occasion in question.

If you get the opportunity to add

"For clarification, I would add that should the cost figures contain elements for uniforms, signs, training, staff costs or any other costs incurred in running their business, these can not be attributed as losses due to my alleged parking contravention. These costs would have been there had the vehicle in question not been present in the car park and would not have disappeared"

hal81

I just recieved a letter from hertz car hire for an invoice of 142 pounds, which is £ 100 parkin fine and £42.00 is the admin fee, i cant believe this has happened. apnr sent the demand for payment to hertz car hire as they are the registered owners. The popla appeal will conclude in October. What should I do?

hal81

Will my appeal be dropped if hertz have made the payment?

Stroma

So you have told us that you had a reply from N Martin at ANPR Ltd on the 06/07/13 , are you saying that they went back to the hire company after you going appealed? Are you saying they went to Hertz after going to popla ?

Read your hire agreement it's unlikely to show in the T&Cs that they are allowed to charge for this, it covers fines, penalties, congestion charges and offences. Demand your money back , go to the bank on an unauthorised charge.

And finally send a copy of this letter to popla