appeal to anpr

Coupon-mad

they have sent some pictures of the car the original picture an one they
claim to have blown up. in the original pic there's a large box van parked on the offside of the car in the blown up picture on the offside of the car which can be seen clearly the box van has vanished. should I inform popla.

I would, as POPLA have asked if you are happy for them to make an early decision, write back and say:

'yes please, but of course I hope dear POPLA assessor that you have noticed that:

- ANPR Ltd haven't included their landowner contract in the evidence
- ANPR Ltd have failed to demonstrate the charge is a genuine pre-estimate of loss
- ANPR Ltd have admitted their own charge is 'punitive' and a 'deterrent'
- ANPR Ltd have sent some pictures of the car; the original picture and one they claim to have 'blown up'. In the original pic there's a large box van parked on the offside of the car but in the 'blown up' picture on the offside of the car (which can be seen clearly) the box van has vanished. So one has to conclude that the photos have been tampered with - possibly photoshopped - surely worth POPLA reporting to the BPA.

POPLA assessor, bring it on! I look forward to hearing your decision. '

kirkbyinfurnesslad_2

There really is no need to say anything further

Anpr have done nothing to address the GPEOL. Just something about some useless signs and how good they are (not)

lenordy

result of appeal to POPLA
The operator issued parking charge notice number xxxxxxx arising out of the presence at xxx July 2013 of a vehicle with reg mark xxxxxx
the appellant appealed against liability for the parking charge
the assessor has considered the evidence of both parties and has determined that the appeal be allowed.
the assessors reasons are as set out.
the operator should now cancel the parking charge notice forthwith.


reasons for the assessors determination


it is the operators case that a parking charge notice was correctly issued, given that the appellant parked on a site in a clear contravention of the terms and conditions for parking.
it is the appellants case that, amongst other things, the charge does not represent a genuine pre-estimate of loss.
The parking charge appears to be a sum sought for liquidated damages in other words, compensation agreed in advance. accordingly ,the charge must represent a genuine pre- estimate of the loss any breach may cause. the appellant has requested that the operator show a loss of income. the estimate must be based upon loss flowing from a breach of parking terms. This might be, for example ,loss of parking revenue or even loss of retail revenue at a shopping centre.
The operator has failed to provide a breakdown of their losses
consequently, I must allow the appeal on this ground.
I need not decide on any other issues.


Mathew. Westaby
assessor

lenordy

May a thank everyone on the forum who helped in this appeal .with special thanks to Kirbyinfurness without who's help I would probably have lost. once again than you all.

Stroma

Nice one

Umkomaas

:T Great result lenordy :T

lenordy

Is that the end of it now or can ANPR appeal popla decision

Umkomaas

lenordy wrote: »

Is that the end of it now or can ANPR appeal popla decision

No they can't appeal a POPLA decision as it is binding on the PPC (but not on the motorist).

But you're not talking about the sharpest knife in the drawer with 'oor Trev', so you don't know what he'll do next - but you'll never be worried by it, so put this all behind you, it's over.

A rest of a life to get on with

kirkbyinfurnesslad_2

lenordy wrote: »

May a thank everyone on the forum who helped in this appeal .with special thanks to Kirbyinfurness without who's help I would probably have lost. once again than you all.

It was a pleasure:-)

Oh scouse magic if your reading this...I did this by one of my dodgy pm's!!:rotfl:

Have a beer! I am!!!:beer:

lenordy

Approved Operator Scheme BPA Ref: BPA-02804

I write following our investigation into the complaint you raised with us concerning the correspondence you received from one of our operators – ANPR Ltd who is a Member of the Approved Operator Scheme and as such is expected to abide with the terms stated in our Code of Practice. This investigation has been concluded and I wanted to inform you of our findings.

I must ask you to understand that we are not an ombudsmen service and as such, have no power to overturn decisions made by our operators.

I have been in contact with ANPR Ltd and discussed their letter sent to you at length.

I agree with you that the letter (mainly the last paragraph) is not appropriate and can it can confuse the motorist as to weather a verification code has been provided or not.

ANPR Ltd has agreed to amend the last paragraph and remove the said verification code. The whole tone of this paragraph as also been amended and it makes clear that this letter is not a rejection of an appeal, but a letter asking the motorist to re-consider. It then specifically goes on to state that should you believe that you have a valid case to appeal, you should do so and the appropriate POPLA information will be provided.

The re-consider letter is unusual in itself, but it is not a breach of our Code of Practice.

The Final Demand notice was sent, as I understand it because ANPR Ltd had not been informed by POPLA (until a very late stage) that an appeal had been received by them. Arrangements are in place for POPLA to inform our operators at the earliest possible stage that an appeal from the motorist has been received. Although the vast majority of motorists will appeal after requesting the appeal details, not all do.

We believe that this is the appropriate resolution to the issue.

I will now be closing this case.

Thank you for bringing this matter to our attention and endeavouring to assist us in our efforts to drive up standards in the parking industry.

Regards

Peter Beasley


Compliance Manager (Approved Operator Scheme)
British Parking Association
Tel: 01444 447 313
Fax: 01444 454 105
Email: [EMAIL="peter.b@britishparking.co.uk"]peter.b@britishparking.co.uk[/EMAIL]
Web: www.britishparking.co.uk