ANPR parking ticket for trespassing nightmare

Parking-Prankster

I have now blogged about this http://parking-prankster.blogspot.co.uk/2013/08/anpr-on-naughty-step-again.html

Stroma

What doesn't make sense though is that they gave the popla code, they wrote to the OP about this, he appealed as the keeper of the vehicle on the day per the bpa cop, so they had no reason to go to the RK at all! There is no reason Trev must be desperate to use such underhanded tactics I wonder if he has financial problems since his clamping scam ended?

waamo

Given that Trev is losing about 80% of appeals at POPLA I reckon he must be getting desperate.

hal81

Dear Mr xxxxxx,!Thank you for contacting us in relation to the fine incurred. I can confirmthat this has been refunded and a credit of 142.00GBP will take 3-5 days toreach your account.Our Car Control Team will now follow up with this matter internally withregards to our procedure on cases of this nature.Thank you for allowing me to assist you.Yours sincerely,Barry CooneyHertz Executive Customer Serviceshttps://www.hertz.com

Coupon-mad

hal81 wrote: »

Dear Mr xxxxxx,!Thank you for contacting us in relation to the fine incurred. I can confirmthat this has been refunded and a credit of 142.00GBP will take 3-5 days toreach your account.Our Car Control Team will now follow up with this matter internally withregards to our procedure on cases of this nature.Thank you for allowing me to assist you.Yours sincerely,Barry CooneyHertz Executive Customer Serviceshttps://www.hertz.com

Nice!! Well done! :T:T

What exactly did you say in your complaint, did you teach them about the difference between a real PCN from a Council and a fake one from a private firm, or did you just say their actual t&cs don't allow them to treat this like a real fine because it isn't one? Or what? Would be useful to know for other newbies in future, what you said that worked.

hal81

As a long standing loyal customer with Hertz car hire who provides substantial revenue to your company, I am deeply disappointed with this invoice you have sent me..


Please note:

POFA requires that in order to make use of the provision to pursue the registered keeper (if the driver does not pay the sum demanded) that they must send a Notice to Keeper within 14 days (counting the day you parked - 21/06/13 - as Day 0) - para 9, Schedule 4, Protection of Freedoms Act 2012. From that perspective ANPR have failed and should they persist in chasing you for the debt (as the registered keeper) they may be liable to a claim of harassment.



The wording in your Rental Agreement is as follows:

You are responsible for payments of all fines, road tolls, congestion charges and other similar charges 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


For clarity the PCN sent to you from ANPR ltd:

IS NOT A FINE
IS NOT A PENALTY
IS NOT A CONGESTION CHARGE
IS NOT A TOLL FARE
IS CERTAINLY NOT SOMETHING SIMILAR

AND FINALLY THIS PARKING COMPANY ARE NOT AN AUTHORITY


You have no statutory role in mediating or taking responsibility for an infringement alleged by private company against a hirer of one of your vehicles.

Assuming your understanding of the nature of civil proceedings relevant to trespass and contract you will be aware that a contract entered into by a driver using a private parking facility involves no other parties than the driver and the operator of that facility. You will also therefore understand that despite being the registered keeper of a vehicle that has entered a private parking facility, a rental company such as yourselves is not a party to such a contract and therefore has no liability or responsibility towards either the driver or the operator of the facility, no way of knowing what terms if any were agreed and no legal position to decide the validity of any claim made under that contract.

As Hertz cannot be pursued for payment of a contract to which they were not party, it will therefore can not caused you any "considerable disruptions and costs".

I dispute that any contract was agreed or entered into with ANPR Ltd and therefore that any charge was due for an alleged "trespass". However, even if there were no dispute over whether a contract existed, Hertz as a third party has no business making a charge to their customer that is in no way covered by their terms and conditions of hire.

While in general I commend attempts to maintain high ethical standards, I am surprised that a company such as Hertz has decided to pay an invoice, whether there was a reduced cost associated with its early settlement or not, without first ensuring whether that invoice is disputed and for which, moreover, they could have absolutely no legal liability. Having mistakenly paid that invoice Hertz have no right to pass the costs of such a mistake on to their customer.

I would respectfully suggest that the correct course of action for Hertz to take in circumstances such as this would be to forward the invoice to the hirer of the vehicle, inform the parking facility operator that they have done so and to allow the hirer to correspond directly with the parking facility operator. As I understand it the registered keeper in such a situation has no obligation to disclose the details of the driver to the parking facility operator and data processing rules under the Data Protection Act 1998 would presumably prohibit this in any case.

To make my position clear I would like to reiterate the following points:

1) I dispute that any contract was agreed with ANPR Ltd.
2) If any contract had existed between myself and ANPR Ltd. it would have been a private contract and Hertz would not have been party to it.
3) Hertz terms and conditions of hire have no bearing on an unconnected private contract between individuals.
4) In the event of such a contract Hertz would have no legal position to decide on its validity or otherwise.
5) Hertz had no liability for a claim under the contract that is alleged to have existed between myself and ANPR Ltd. and Hertz therefore erroneously paid the invoice that they received from ANPR Ltd.
6) In attempting to process a charge to my credit card for the invoice that Hertz received and paid in error and in charging for the perceived costs of their mistake. Hertz will be acting outside the terms of my hire agreement with Hertz.
7) If Hertz disingenuously made this charge in the knowledge that it was not legitimately covered by my hire agreement with them then Hertz acted not only unethically but also illegally if processing my credit card details.

Given the above, I am sure that you will agree that Hertz have no right to charge my credit card. I trust that Hertz will acknowledge and apologise for their genuine mistake and ensure that the charges on the invoice are cancelled, thus avoiding the necessity of my taking further action against Hertz

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