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ANPR Ltd - Parking Charge Notice

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  • MEM62 wrote: »
    * If I wish to continue with my appeal I am requested to write again and they will provide me with POPLA details.
    They well know that they should have provided that with their rejection letter. Check it to see if there's a hidden 10-digit number lurking somewhere. This is another of ANPR's highly dodgy (and completely non-BPA compliant) tactics.

    Be thankful they have come back to you, and not gone to the lease company.
  • MEM62
    MEM62 Posts: 5,322 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    How does this look for a reply?

    Your Reference XXXX Vehicle XXXX

    I am in receipt of your letter, dated November 25th.

    I am disappointed to note that the requested POPLA reference was not provided and I also feel that my arguments for cancellation under item 3 in my letter of November were not fully addressed. In that respect I believe that your response was not in compliance with the BPA Code of Conductand am considering submitting a complaint for their consideration.

    It is not my intention to enter into any extended correspondence with ANPR Limited on this issue and therefore remind you that I require one of only two responses from you – either an unconditional cancellation of your speculative charge or notification of the POPLA reference for my further pursual.

    Sincerely yours,

    Will that do the job?
  • Coupon-mad
    Coupon-mad Posts: 152,309 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 29 November 2013 at 2:06AM
    Well I despise ANPR Ltd (have you googled them and 'Trev the Clamp' or their name with 'Hargreaves' or ANPR Ltd with 'invitation').



    So I would suggest a version along stronger lines:


    Dear ANPR Ltd,

    RE: FAKE PCN XXXXXXXXXXX

    I have received your recent letter and I fear you are skating on thin ice here. I am poised to report your non-compliance to the BPA Ltd and the AOS Compliance Team at the DVLA. I suspect there is quite a thick file of complaints about ANPR Ltd already and anyone would think you are not keen on being AOS members.

    The easiest thing to do by way of response - to illustrate how non-compliant your reply is - would be for me to suggest you read the November 2013 POPLA newsletter and I quote:

    ''Under no circumstances whatsoever is it appropriate for an operator to suggest in a rejection that an appeal to POPLA is ‘unwise’, ‘unnecessary’, ‘bound to fail’ or anything similar. If an appeal comes before POPLA where it appears that operator appears to have been actively dissuading an appellant from making an appeal, the matter may have to be referred to the BPA.

    As previously stated, operators must be careful to ensure that the wording of any rejection does not, even inadvertently, appear to suggest that the charge might increase by making an appeal to POPLA.

    Operators must, on every occasion, include the verification code in their rejection of representations. The recipient of the rejection should not have to ask for it.

    Failure by an operator to provide a verification code in their rejection letter is a breach of the Code of Practice, sanctionable by the BPA.

    Rather than just a reference, the verification code should be clearly identifiable as such, for example: 'Your verification code, which you will need to appeal to POPLA, is XXXXXXXXXX.' Even if the verification code is automatically printed on an enclosed appeal form, it must still be in the dated rejection notice/letter. ''

    I saw that and thought of you. I suspect perhaps POPLA thought of you as well, who knows...

    Take formal note that:

    - I am insisting on my right to a POPLA code and you would be well advised to consider the fact that the POPLA Assessor will now see this protracted correspondence, because I will attach it as evidence of your obfuscation and continued flagrant disregard of POPLA, POFA 2012, CPUTR 2008 and of your own BPA Code of Practice.

    - if you do reject the challenge I must inform you that I may claim my expenses from ANPR Ltd. Your handling and pursuit of this spurious charge is both vexatious and wholly unreasonable. The expenses I may claim are not exhaustive but may include the cost of stamps, envelopes, travel expenses, legal fees, etc. By continuing to pursue me you agree to pay these costs when I prevail.

    You should cancel the fake PCN if you would prefer to sidestep POPLA this time, of course, and as a gesture of goodwill I will waive my expenses on this occasion if you confirm cancellation within seven days.

    yours faithfully,

    THE REG KEEPER'S NAME




    See the newsletter here:
    http://parking-prankster.blogspot.co.uk/2013/11/popla-november-2013-newsletter.html
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • MEM62
    MEM62 Posts: 5,322 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    OK, so the following letter was sent to ANPR on December 3rd. I have yet to receive any reply. Do I let sleeping dogs lie or chase it up?



    I am in receipt of your letter, dated November 25th.

    I am poised to report your non-compliance to the BPA Ltd and the AOS Compliance Team at the DVLA and suspect there is quite a thick file of complaints about ANPR Ltd already.

    The easiest thing to do to illustrate how non-compliant your reply is would be for me to suggest you read the November 2013 POPLA newsletter and I quote:
    ''Under no circumstances whatsoever is it appropriate for an operator to suggest in a rejection that an appeal to POPLA is ‘unwise’, ‘unnecessary’, ‘bound to fail’ or anything similar. If an appeal comes before POPLA where it appears that operator appears to have been actively dissuading an appellant from making an appeal, the matter may have to be referred to the BPA.

    As previously stated, operators must be careful to ensure that the wording of any rejection does not, even inadvertently, appear to suggest that the charge might increase by making an appeal to POPLA.

    Operators must, on every occasion, include the verification code in their rejection of representations. The recipient of the rejection should not have to ask for it.
    Failure by an operator to provide a verification code in their rejection letter is a breach of the Code of Practice, sanctionable by the BPA.
    Rather than just a reference, the verification code should be clearly identifiable as such, for example: 'Your verification code, which you will need to appeal to POPLA, is XXXXXXXXXX.' Even if the verification code is automatically printed on an enclosed appeal form, it must still be in the dated rejection notice/letter. ''

    Take formal note that I am insisting on my right to a POPLA code and you would be well advised to consider the fact that the POPLA Assessor will now see this protracted correspondence, because I will attach it as evidence of your obfuscation and continued flagrant disregard of POPLA, POFA 2012, CPUTR 2008 and of your own BPA Code of Practice.

    If you do reject the challenge I must remind you that I may claim my expenses from ANPR Ltd. Your handling and pursuit of this spurious charge is both vexatious and wholly unreasonable. The expenses I may claim are not exhaustive but may include the cost of expenses and legal fees. By continuing to pursue me you agree to pay these costs when I prevail.

    You should cancel the fake PCN if you would prefer to sidestep POPLA this time and as a gesture of goodwill I will waive my expenses on this occasion if you confirm cancellation within seven days.

    Sincerely yours,

  • Umkomaas
    Umkomaas Posts: 43,402 Forumite
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    edited 20 December 2013 at 11:03AM
    There are too many words greater than one syllable for our Trev to get through this quickly, so perhaps a little more time for the owd lad. :D

    To be serious for a moment, I don't think there's any right or wrong way to play this. It could well have stopped them in their tracks and they really are scratching their heads, put into the 'too hard' tray.

    Maybe hit them again in the New Year?
    Please 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 Street
  • bod1467
    bod1467 Posts: 15,214 Forumite
    Umkomaas wrote: »
    Maybe hit them again in the New Year?

    Preferably with a spade?
  • MEM62
    MEM62 Posts: 5,322 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    Disregard my last post - the letter was waiting for me as I got home this evening.


    It contains a POLA code, appeals form and notes. Without re-writing the whole letter here it also states;


    * Upon appeal my discount is forefit and I will have to pay the full £100 should I loose.


    * In addition, there is also a veiled threat to add a further 40% recovery charge in the event that I loose the appeal and do not pay within 14 days.


    There is also come other bullsh*t about recovery of costs for witness statements etc etc.


    However, all this will not put me off making an appeal to POPLA and I will get to work on the appeal. I will also be wording complaints to POLA and the BPA in respect of ANRP's non-compliance with their guidelines and procedures.


    Any advice on the best approach would be much appreciated. What is winning at POLA?
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    its POPLA

    and its mainly "not a gpeol"

    have a look at this guidance template, its a good starter for any appeal

    https://forums.moneysavingexpert.com/discussion/4816165
  • Dont delay , Trev likes sending , out of date popla codes
    Proud to be a member of the Anti Enforcement Hobbyist Gang.:D:T
  • Coupon-mad
    Coupon-mad Posts: 152,309 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    And you will find a link 'How to win at POPLA' with lots of example appeal wording to win, in the 'Newbies read this first' sticky thread.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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