ANPR parking ticket for trespassing nightmare

hal81

Hertz have confirmed that the letter sent to them was dated 8/8/2013. I sent my appeal to popla on 27th July 2013. I told hertz im not making any payments to them as im going through an appeal with popla an the outcome will be in October. Hertz said they will still carry on sending reminder invoices for payment. What should I write to popla?

Stroma

Send the copy of the letter from hertz to popla, keep the original. Raise the complaint that despite appealing to ANPR Ltd and them replying to you with a popla code, they have unlawfully gone back to the registered keeper despite knowing who the driver was.

Tell them that this must be added to your appeal and they must consider it. Send it via email with your reference number and as snail mail with the same reference number. Send it with proof of postage from the post office and ask popla to confirm receipt of it.

And please read your hire agreement to see what are the terms of hire, if its not in there they are acting beyond their rights. I would send back a sharp reply to them that the bvrla their trade body does not recommend paying private parking companies. And it's their problem if they did. Warn them that you consider it harassment that they are demanding money they are not entitled to.

The_Slithy_Tove

If I am understanding this correctly, it seems that
* Notice to Driver was placed on hire car
* You appealed directly to the NtD and subsequently to POPLA
* ANPR have obtained RK details and sent NtK AFTER receiving your appeal
If this is correct, then they really have overstepped it this time.

You need to
* Make a very BIG complaint to the DVLA for the unlawful release of RK details - you need to explain the timeline clearly
* Likewise to BPA, and insist it is investigated and that you are informed of the outcome
* As suggested with POPLA. Remember, even if it's a POPLA win, will ANPR refund the money (they are about the most disreputable of all the PPCs), and they won't repay Hertz's admin fee

Is it just an invoice from Hertz, or have they tried to take payment? If the former, you can tell them where to stick it (by quoting their own Ts&Cs at them, plus the fact you told them not to). If it's been paid, then you need to raise it as an unauthorised transaction with your card company.

Stroma

Yes to the above, but also if hertz have taken the money without authority and the bank won't play game here. Then there is scope here to sue hertz for your money back if they don't refund, and the bank could equally be liable for allowing a company to take unauthorised payments out of your card

Umkomaas

I think I've read somewhere if the bank won't play ball you can appeal to the financial Ombudsman. If you do this the bank is committed to paying a non refundable fee (a bit like PPCs and POPLA) of £500.

They apparently are very keen not to get involved with the Ombudsman for, to them, trifling amounts.

Can anyone confirm this?

Stroma

Yes that's true, I had a problem with a credit reference agency who was taking money out of my account unknown to me, it really annoyed me that I went there once got my report and they signed me to their subscription service. As soon as I mentioned the financial ombudsman the money was refunded.

Coupon-mad

The_Slithy_Tove wrote: »

If I am understanding this correctly, it seems that
* Notice to Driver was placed on hire car
* You appealed directly to the NtD and subsequently to POPLA
* ANPR have obtained RK details and sent NtK AFTER receiving your appeal
If this is correct, then they really have overstepped it this time.

You need to
* Make a very BIG complaint to the DVLA for the unlawful release of RK details - you need to explain the timeline clearly
* Likewise to BPA, and insist it is investigated and that you are informed of the outcome
* As suggested with POPLA. Remember, even if it's a POPLA win, will ANPR refund the money (they are about the most disreputable of all the PPCs), and they won't repay Hertz's admin fee

Is it just an invoice from Hertz, or have they tried to take payment? If the former, you can tell them where to stick it (by quoting their own Ts&Cs at them, plus the fact you told them not to). If it's been paid, then you need to raise it as an unauthorised transaction with your card company.

Totally agree with every word.

This needs a serious complaint to the BPA and DVLA as well as POPLA. Use these email addresses for the BPA and DVLA and don't mince your words:

https://forums.moneysavingexpert.com/discussion/comment/62837083#Comment_62837083

Tell them everything ANPR Ltd have done especially this latest unlawful demand sent to an easy target (hire firm) when ANPR Ltd could ONLY in law, look to you alone. And you were already exercising your right to the POPLA process. Ask the DVLA on what date did ANPR Ltd get the registered keeper's data? If ANPR Ltd applied for it after you had first appealed, then they had no reasonable cause and IMHO got the data unlawfully.

I am pretty sure POPLA will still decide on the case but make sure the adjudicators there and the Chief Adjudicator hear about what has happened and what ANPR Ltd have done. Wonder if they at ANPR Ltd have done this before?

And agree about the Hertz payment - it's their problem if they have stupidly paid ANPR Ltd and not for you to reimburse them. Reject the invoice and explain why this wasn't their liability to pay at all, they really need to wise up as to the difference between private tickets and real Council/Police ones.

Umkomaas

I expect the DVLA will defer to the BPA on this. They are on record in the latest AOS meeting minutes as effectively saying they have no stomach to apply sanctions against their PPC [STRIKE]paymasters[/STRIKE] friends who pump a few mil into their coffers annually for YOUR personal data, including supplying very sensitive data to [STRIKE]cowboy[/STRIKE] outfits such as ANPR Ltd.

Cop out Civil Servants ducking as soon as sh/t hits the fan. No worries, something tastily index linked awaits their keeping their noses clean (and avoiding taking any responsibility for inaction throughout their highly protected careers)!

hal81

I've checked the term & condition for the rental agreement and it states the following:

You are responsible for payment of all fines, road tolls congestion charges and other similar chargers incurred in relation to the vehicle during your rental.

Some of these charges and fines will be sent to us for payment, which we will pay and recover from you. Alternatively, we may be required to provide your details to the relevant authority, who will contact you directly. Either way, we will recover the costs we incur through a reasonable administration charge.


This is really unfair as it means hertz will charge you regardless
Of whether your given the parking ticket unlawfully, without a chance to appeal it.

Stroma

If that is their terms then they are not entitled to take anything, or charge you admin fee for this, for clarity again.

This is not a fine
This is not penalty
This is not congestion charges
This is not a toll fare

This is not something similar
And finally this private company are not an authority

So go to them and demand your money back if they have taken anything, insist they follow their trade body ( bvrla ) recommendations on this issue, say that if anything is paid to the parking company it's their problem as they discharge liability by naming you.

Say to them that you will sue them for monies taken, and for harassment under the protection from harassment act if they continue to send letters for money they are not entitled too.


Can you just confirm if they have taken money from you already ?

Thanks