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ANPR Ltd - Parking Charge Notice
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MEM62
Posts: 5,316 Forumite


On November 4th I received a PCN from ANPR Ltd headed Warning Notice to Driver. I was parked in an area that is a joint Total Garage / McDonalds facility. Signs are up as you enter, there are various road markings on the site. The notice states that I have parked in an area designated as 'No Stopping At All' although this limitation was not obvious to me at the time and there are no road markings in this particular area. However, for the purpose of my question lets assume that I am 'guilty as charged'.
I have read a lot of information on a few forums on the subject and the opinions are varied. So, straight question, is this enforceable and should I just cough up, grin & bear it or is it worth appealing. If so, what is the appropriate course of action?
I was a customer of both the garage and McDonalds at the time of my visit although it is not clear which company this area of the facility actually belongs to - I would guess the garage. If it makes any difference my car is a company car which is leased so I am not the registered keeper.
Any information would be much appreciated.
I have read a lot of information on a few forums on the subject and the opinions are varied. So, straight question, is this enforceable and should I just cough up, grin & bear it or is it worth appealing. If so, what is the appropriate course of action?
I was a customer of both the garage and McDonalds at the time of my visit although it is not clear which company this area of the facility actually belongs to - I would guess the garage. If it makes any difference my car is a company car which is leased so I am not the registered keeper.
Any information would be much appreciated.
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Comments
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I have read a lot of information on a few forums on the subject and the opinions are varied. So, straight question, is this enforceable and should I just cough up, grin & bear it or is it worth appealing. If so, what is the appropriate course of action?
If you had researched, you would know that ANPR Ltd are the bottom feeders of the PPC world, are a complete joke, make so many errors that their scraps of paper are completely unenforceable.
You are most certainly not guilty of anything at all. No private company has the right to demand £100 off you for stopping your car.0 -
First thing - contact the leasing company (or registered keeper if your company) and tell them that, in accordance with POFA12, you are accepting liability for this speculative charge, which is not a fine .
Their only liability is to inform the PPC that you were the keeper on the day.
You then contact the PPC informing them that you were the driver on the day in question.
Your initial appeal is that you were using the facilities and saw no notices or road markings that said you could not park. If you have any receipts or card/bank statements to back this up, send redacted copies.
You ask for a cancellation or POPLA code. Probably you will get the latter. Send a copy to the leasing company as well. WEE win at POPLA as the POPLA Decisions sticky shows
You asked about what you should do as deep down you think you are guilty Here is a previous post I made.
You are making the newbies' common mistake which is "I done wrong, guv, so they are right to charge me. How can I defend that??".
Our point is " regardless of the facts, PPCs are penalising motorists to a ludicrous extent to which they are not entitled and we concentrate on helping people based on that point"
Suppose you had been caught doing 35 mph in a 30 mph limit. You get to the Magistrates court and they say "Guilty. Lock him up for 2 years".
You would get a brief to appeal the sentence, not the verdict.
So that's the case here. You are appealing the "sentence" of £100 that does not fit the "crime",
So, you major on the "No genuine pre-estimate of loss" point.
Also, suppose the PPC didn't have the right to charge you 1p as they didn't have a valid contract with the landowner? So you demand that they produce the contract in question that actually specifies that they are allowed to charge you.
Going back to the "crime" of speeding. Suppose that there were no 30mph signs up and it wasn't obvious that you were in built up area. Would that be fair? So you challenge the signage of the park in question. Obviously the signage was inadequate or you would have seen it.
Basically, that's it in a nutshell.
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OP says HE received a Notice to Driver. I assume from this it was a windscreen ticket and not through the post?0
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Guys,
Thanks for the replies, they are much appreciated.
Slithy Tove - Your point is taken but there is an incredible amount of info out there and digesting it all and sorting the wheat from the chaff is a task in itself.
Guys Dad - Your points well taken also and I shall contest it.
bod1467 - Yes it was a note on the windscreen.
I shall contact the leasing company today. (I have a good relationship with them) and will make an initial request to ANPR for a cancellation or a POPLA code should they refuse. I'll keep this thread updated as the process develops.0 -
Here's something I posted just yesterday about this outfit. It's absolutely relevant to your case. Just look why they prop up the relegation end of the PPC league.
But before doing this you need to have a good grasp about what you need to do through the whole process and how everything 'fits in'. I've produced a 'Walk Through' of the whole process - start to finish - so have a read through this to set you on the right track. It's a generic template, but it covers most bases and most, if not all will apply to your situation.
http://forums.moneysavingexpert.com/...35&postcount=3
After doing some reading get back to us to discuss how you are going to approach this. Anything that's not clear ask, one or more of us will pitch in to guide you through.
From yesterday:ANPR Ltd are the equivalent of a relegation threatened Conference League football team in the world of parking. There are so many errors in their procedures you can drive a coach and horses through.
Have a read through these to get some context about who you are dealing with here.
http://forums.pepipoo.com/index.php?...57&mode=linear
http://forums.pepipoo.com/index.php?showtopic=84839
http://forums.pepipoo.com/index.php?showtopic=84212
http://forums.pepipoo.com/index.php?showtopic=81974
http://forums.pepipoo.com/index.php?showtopic=84744
http://forums.pepipoo.com/lofiversio...hp/t77227.html
http://forums.pepipoo.com/index.php?showtopic=80515
http://www.anprinabox.com
You won't need the telly on tonight, and if you're not wetting yourself laughing by the end of the evening I'll eat my (whatever you want)! The final link goes to Trev's (owner of ANPR Ltd) latest wheeze 'ANPR in a Box'. You couldn't make some of this stuff up.
HTHPlease note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.Private Parking Firms - Killing the High Street0 -
Umkomaas; Thanks for your post. Unfortunately, I can't get the first link to work.
Yesterday I contacted the leasing company and they have acknowledged that they will provide my details when contacted.
I now need to construct a letter to ANPR which I will do today.
MM0 -
ANPR Ltd will reject your appeal and send a letter with a hidden POPLA code.
When you get their letter you must complain to the DVLA, BPA and Trading Standards as this company really does flout all the rules and regulations.0 -
Umkomaas; Thanks for your post. Unfortunately, I can't get the first link to work.
Yesterday I contacted the leasing company and they have acknowledged that they will provide my details when contacted.
I now need to construct a letter to ANPR which I will do today.
MM
Sorry about that. Try this:
https://forums.moneysavingexpert.com/discussion/comment/63678135#Comment_63678135Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.Private Parking Firms - Killing the High Street0 -
Sorry about that. Try this:
https://forums.moneysavingexpert.com/discussion/comment/63678135#Comment_63678135
Thanks for re-posting. I looks like I shall be doing my fair share of forum browsing before appealing to the PPC. As my car is a lease car, in what way does the process I need to follow differ? Also, does the argument I use in my appeal to the PPC need to follow the same lines as that which I use when I appeal to POPLA? Looking at the info thus far it would appear that the POLA appeal will rely on legal points based on their interest in the land and the fact that they cannot make a punitive charge but rather can only ask for actual damages incurred by the land owner.0 -
Thanks for re-posting. I looks like I shall be doing my fair share of forum browsing before appealing to the PPC.
As my car is a lease car, in what way does the process I need to follow differ? Please read post #3 opening sentences
Also, does the argument I use in my appeal to the PPC need to follow the same lines as that which I use when I appeal to POPLA? No. You can add other arguments for POPLA
Looking at the info thus far it would appear that the POLA appeal will rely on legal points based on their interest in the land and the fact that they cannot make a punitive charge but rather can only ask for actual damages incurred by the land owner Yes, but be sure to read up a few POPLA appeals first before doing your draft and make it assertive.
See comments above.0
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