Anrp ltd parking appeal rejected lost right to early bird discount advice please!

Lunaunicorn

I know! I am so angry! Just dont want to risk the increase!

Im abgry about the advice too!

On the PCN there is no deadline for making the appeal to ANRP only reagardng the Discount

Lunaunicorn

Which is what i know they prey on!

Lunaunicorn

Is that letter ok?

kirkbyinfurnesslad_2

Let me re-write this for you:

Dear Trevor,

With regards to my appeal which you decided to decline. As you are aware the BPA has mandated that people should not have to write back to get a Popla code after an appeal has been declined.

Therefore by return of post send me the Popla forms with the relevant code. On receipt of this I shall be checking the code was produced on the day the letter was issued as you have been known to issue out of date codes

I will be referring this matter to Steve Clark at the BPA as he has previously stated that what you have done goes against the BPA code of conduct and you could receive sanctions.


Kind Regards


xxxx

Lunaunicorn wrote: »

ok, Thanks !


Ticket number: xxx

Vehicle registration number: xxx
Second Official Complaint
Thank you for your ‘Computerised yet humanly supervised’ letter dated 21st January 2014, acknowledging receipt of my Official Appeal dated 03/01/2014. In it you have misspelt my name and also the date my appeal letter. You have also failed to acknowledge any of my points raised I demanded you to answer my points but merely explain the reference number.
I have attempted on several occasions to contact you on your phone number yet this merely rings out.
I have followed your appeals procedure as stated on your PCN and deem that I am entitled to pay the Early Bird Discount’ to £50 as this should still apply. I still appeal on the grounds previously stated. I also demand you send me my Verification Code/Reference Number details for POPLA. I have already contacted them regarding this matter. I also like to make you aware that you have breached the BPA AOS Code of Practice in not sending this code to me immediately and I am therefore reporting you to the BPA and DVLA for that breach.
I made my appeal within the specified 14 day time which would freeze the ‘Early Bird Discount’ to £50 whilst awaiting the decision of your appeal (Incident on 27/12/2014). I enclose a copy of this original letter which you will already have a copy of when I sent it to you. This was over a period of Christmas, weekends and Bank Holidays and I also have no control over when you read the letter (you quote 19/01/2014). You also do not allow for emails nor answer your phone.
I have sought legal advice from my solicitor regarding this matter. I refer to Terms and Conditions on your PCN.
This letter will also freeze any future charges and if my appeal to POPLA fails I will pay the £50 charge and put this matter to rest.
I would like a response from your company regarding these following points.
Punitive/unfair/unreasonable charge
Even if there was a contract (which is denied), the following matters are relevant: 3(a). Punitive
The parking charge you are imposing is punitive and therefore void (i.e. unenforceable). The £100 parking charge is arbitrary and disproportionate to any alleged breach of contract or trespass. This would also apply to any mention of any costs incurred through debt recovery unless it followed a court order.
3(b). Unfair
The £100 parking charge you are imposing is an unfair term (and therefore not binding) under the Unfair Terms in Consumer Contracts Regulations 1999. In
particular, Schedule 2 of those Regulations which gives an indicative (and non-exhaustive) list of terms which may be regarded as unfair and includes at Schedule 2(1) (e):
‘Terms which have the object or effect of requiring any consumer who fails to fulfil his obligation to pay a disproportionately high sum in compensation.’
Furthermore, Regulation 5(1) says:
‘A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer’
And 5(2), which states:
‘A term shall always be regarded as not having been individually negotiated where it has been drafted in advance and the consumer has therefore not been able to influence the substance of the term.’ 3(c). Unreasonable
The £100 parking charge you are imposing is an unreasonable indemnity clause under section 4(1) of the Unfair Contract Terms Act 1977, which says:
‘A person cannot by reference to any contract term be made to indemnify another person (whether a party to the contract or not) in respect of liability that may be incurred by the other for negligence or breach of contract, except in so far as the contract term satisfies the requirement of reasonableness.’ Further information I require you to provide and take notice of:
Please note specifically that this letter is not an appeal however; it is a challenge to the issue of the Notice to Driver as set out in the BPA AOS Code of Practice B.22. I should be grateful for answers to all questions raised. In this respect I remind you of the obligations set out in the current Practice Direction on Pre-Action Conduct.
Cause of action
Please make this clear. If it is your claim that the driver entered into a contract, please send me a complete version of the terms and conditions of that contract to which you say the driver agreed to.
Further to the above please explain fully on which of the following grounds your claim is based:
(i) Damages for trespass
(ii) Damages for breach of contract
(iii) A contractual sum

If it is your case that that a trespass was committed or that a contract was breached such that your claim is one for damages, please give me a full breakdown of the actual loss you say was suffered by your business or the landowner/landholder.

Your Notice to Driver simply mentions ANRP Ltd. Please tell me who the actual creditor is making this £100 parking charge demand. I need to know exactly who is making the claim and in what capacity.
Photographs- handling.
Your notice refers to ‘photographic evidence’. Please send me a copy of your procedures for handling and processing that evidence and the relevant audit trail. Furthermore, under section 7 of the Data Protection Act 1998 please send me a copy of all such photographs along with a copy of all other data you hold relating to me. As this would be required to be disclosed in any event as part of your evidence bundle in the small claims process, I do not expect to pay for the release of my personal data which you hold.

Signage.
If it is your case that a contract has been breached or that a contractual sum is now due, please send me photographs of the signs that you display and upon which you seek to evidence that a lawful and legally enforceable contract was been entered into. Please ensure that the photographs show the terms and conditions in a clear and legible manner. Please provide me with a diagram showing the locations and layout of those signs at the car park. Also provide evidence that the wording is in plain and intelligible language and in sufficiently large print as to be legible to a driver at the car park’s entry point.
To avoid doubt, please do not do any of the following:
(i) Send any further correspondence or documents to me or try to communicate with me in any way except to address in writing the specific points I have raised in this letter.
(ii) Send me any document purporting to be from the county court unless it is a valid claim form duly issued.
(iii) Write to me threatening to send bailiffs to my address without first issuing a court claim form and obtaining judgment.
(iv) Send me any further standard letters from your company or debt collectors.

I look forward to receiving your acknowledgement within 14 days and a comprehensive reply within 35 days (in accordance with the BPA AOS Code of Practice B.22.8).
I will then be able to make an informed decision as to how I shall respond to your Notice to Driver.

If you fail to follow any of the procedures outlined in the BPA AOS Code of Practice or your legal requirements under the Protection of Freedoms Act, or the requirements of the Practice Direction on Pre-Action Conduct then I will make a formal complaint to the DVLA Data Sharing Policy Group, D16.

Please Note: Unless you have specifically requested it and received my express permission, you do not have my authority to disclose or refer this letter or any other communication from me to any other person or organisation.

Yours

kirkbyinfurnesslad_2

Lunaunicorn wrote: »

I know! I am so angry! Just dont want to risk the increase!

Im abgry about the advice too!

On the PCN there is no deadline for making the appeal to ANRP only reagardng the Discount

The increase is completely irlevant as despite what ever threatening letters they send out you wont be paying , they also send out fake court papers

Lunaunicorn

Hi Kirkby
Could i actually send your one?

esmerobbo

Yes send KIF's letter and don't panic it will take awhile but after a POPLA appeal you wont be paying anything.

Lunaunicorn

Thank you!

I wish I had come on here when i got the original rejection as i would have had the code by now!

Lunaunicorn

Also What happens if they just keep refusing! or sending increased letters. I was determind to be strong and fight hence not the quick reply to the original reply. but as i said the advice i keep being given contradicts all of you which scared me.

kirkbyinfurnesslad_2

Lunaunicorn wrote: »

Hi Kirkby
Could i actually send your one?

Of course you can, otherwise i wouldnt have bothered to waste my time typing it out