Unfair Parking Charge but No NTK

xredx

I've read through the parking threads but haven't been able to find the same situation as mine - apologies if I have missed it.

I received a PCN on 3rd October from an ANPR car park. I was 4 minutes late returning to my car and had also paid extra money (the machine in question doesn't accept new 5, 10, or 20 pence pieces and as it's 80 pence an hour you generally have to round it up to the nearest pound!)

I was waiting for the NTK to arrive but it never did. However, this morning I have received a "final demand" with reference to a county court summons etc. and a paragraph stating they "feel their intentions to recover the debt have been exhausted. The situation has now become very serious". It goes on to say that I have ignored ALL their efforts to show me leniency and tolerance and that they will now hand the matter over to a debt recovery agency.

Other than the PCN stuck to my windscreen this is the only contact I have had with them, so I'm not sure how they have shown me "leniency and tolerance!"

Please could someone advise what is my best course of action since I was never issued with a NTK?

Thanks

Fruitcake

Complain to the BPA and DVLA, then appeal to ANPR staing that since this is their first contact with you, you deem it to be their (non-compliant) NTK. This has happened to loads of people so you could do a search on this basis using such keywords as "ANPR no NTK."

Appeal in the normal way using the template in the NEWBIES thread.

pogofish

xredx wrote: »

I've read through the parking threads but haven't been able to find the same situation as mine - apologies if I have missed it.

Your situation is covered in Post One of the Newbies Sticky - don't make the mistake of assuming that it actually means anything to these firms.

The rest of the thread outlines your options and various strategies/methods for seeing them-off.

xredx

Thanks!

I think I was feeling over smug waiting for the NTK so was a bit floored when they came straight in with the final demand!

xredx

Ah! Ok. But am I then allowed to go down the "I'm not the driver and as you are out of time etc" route?

Umkomaas

@OP - Please confirm this is ANPR Ltd of Preston. If it is you've nothing to worry about, other than a stream of letters and being told that (the fictitious) N. Martin knows this car park personally.

Carry on as Coupon-mad suggests about sending off your initial appeal.

xredx

Just wanted a bit of further advice if possible please?

I did get a rejection letter from N Martin who “knows the site personally” and rather patronisingly agreed to give me a POPLA number.

I duly made the POPLA appeal and received an e-mail to say that the hearing would take place on the 16th February…

How long does it take before you get a decision?

I’m a bit worried as this morning I received a large envelope stuffed with “evidence”. There is no letter or any reference as to where it is from. Is this POPLA sending me evidence by means of a rejection or is it ANPR?

There are photographs of my car with a parking ticket that expired at 13.50 and a copy of the PCN which is for 13.56 although there is nothing to “prove” that it was 13.56 when the charge was issued (the driver said it was only 13.52 according to the machine - still late I know but…)

There is also a rather long and ludicrous calculation regarding how they come to a charge of £100 detailing payment of wages etc… along with a contract between the landowner and ANPR.

The parking offence took place on 3rd of October and I didn’t receive notification until the 16th December so I used the lateness of the NTK (I genuinely wasn’t the driver) as part of my appeal. However there is something included in this evidence pack that says:

“As per POFA 2012 the keeper can be held responsible as long as several requirements are met; all points of requirement have been addressed and detailed below…”

So basically I’m now a bit worried. Does this mean I have lost on all points of my appeal and I have to just stump up the cash? Or is this not actually the POPLA decision and I still have to sit tight?

Thanks for all the help!

Redx

it will be the anpr defence of which you are entitled to a copy

you now need to email popla with a rebuttal statement , as its usually only sent in the last week before a decision is made, so your decision will be close now, as the 16th was only a guide , depending how busy they are

so email a rebuttal to popla, using their email address, with your popla ref and details on it

Jim_AFCB

No - you have the opportunity to rebut their evidence.

Someone more expert than I will be along, but in the meantime you can look at rebutting their GPEOL (most of it will be staff costs etc which are not valid parts of GPEOL) and the point about POFA and your NTK was, in fact, out of time.

xredx

Ah thank you for this.

And can I stick to my "not keeper liability" and ludicrous GPEOL costs as my "defence"?

Also, I mentioned grace period in my appeal - the ticket saying the vehicle was overparked for 6 minutes and the driver telling me it was 2. Can I use this and the fact that the machine only accepts 50p and pound coins despite it being 80 pence an hour so you ALWAYS have to overpay anyway - or am I just being churlish bringing that in?

Thanks
R

bod1467

Be very careful when wording any rebuttal to avoid outing the driver ... any reference to the driver should be as The Driver.